Illegal Contractual Terms and Restraints of Trade in Contracts When dealing with contract law‚ many problems can arise. There can be illegal terms in the contract or it can just be void. There are restraints on trade which include limiting employees from competing against their employers post employment and so on. Throughout this essay‚ these restrictions will be analyzed. The difference between illegalities‚ voids and restraints will be presented‚ along with cases to provide examples.
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Contract Classification | Basis of Defect | Status of Contract | Legal Effects | Prescriptive Period | Ratifiability | A.Rescissible1. Contracts entered into in behalf of wards 2. Contracts agreed upon in representation of absentees 3. Contracts undertaken in fraud of creditors a. existing credit prior to the contract to be rescinded b. fraud on the part of the debtor c. creditor cannot recover his credit in any other manner 4. Contracts which refer to things under litigation
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Contracts Review Common law majority Rule UCC Article 1 & 2 (transaction in goods)- usually same as majority common law except in a few areas Significant minority rules- will be on test and are there to fool you. DO NOT CHOOSE! 34 Contracts MCQ * 60% Offer and Acceptance (6-8 Qs)‚ Conditions (6-8Qs) and Remedies- UCC and Common law (6-8 Qs) * 40% - 1-2Qs on the following areas * Consideration * 3rd party beneficiaries * Assignments and delegations * Statute
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of a contract refers to the way in which it comes to an end. Contracts can come to an end in the following ways: 1. by performance 2. by agreement 3. by frustration 4. by breach Each one of these methods of discharge will be considered. Discharge by performance The contract comes to an end when both parties perform their contractual obligations. Performance must substantially correspond with what the parties agreed allowing for minor or trivial defaults. Discharge by agreement The
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applicable are Sec 26 of CA has stated that agreement made without consideration is void. According to Sec 2(d) of CA‚ consideration is an act or abstinence or promise by the promisee or any other person as required by the promisor in return for his promise. Literally‚ it means something that is given in return for something else. On the other hand‚ there was an exceptions under Sec 26 of CA which is an agreement without consideration is void unless the contract made on account of natural love and effection
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Marriage Contract: Fact Sheet By: Dwaine Nichol and Andrew Cortellessa Marriage Contract When entering into a marriage‚ the bride and groom may wish to sign an agreement detailing how assets will be divided if the marriage breaks down. Marriage contracts‚ often referred to as pre-nuptial agreements‚ can be drafted and signed before the marriage or during the course of a marriage. Depending on the jurisdiction‚ formal requirements may need to be met (i.e. agreement in writing‚ signatures‚ witnesses)
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Court - Metropolitan Trial Court‚ Municipal Trial Court Quasi Judicial Bodies 1. 1. Comelec 2. 2. NLRC 3. 3. LTFRC 4. 4. ERB Quantum of Evidence Criminal cases: Proof Beyond Reasonable Doubt Civil cases: Preponderance of Evidencegreater weight of all the evidence which as a whole shows that the act sought to be proved is more probable than not. Administrative cases: Substantial Evidence – Such evidence that a reasonable mind might accept as adequate to support a conclusion Effects and Applications
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Learning Contract 2 Purpose of the Learning Contract 3 Uses of Learning Contracts 3 Advantages and Disadvantages of Learning Contracts 4 Advantages 4 Disadvantages 5 Designing Learning Contracts 5 Conclusions and Recommendations 6 Conclusion 6 Recommendations….. …………………………………………………...6 References 8 Abstract Learning contracts are being used in post-secondary education. Adults approach learning as problem solving and in theory by implementing learning contracts‚ the student
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Team Contract: Team Name__ Definition of group and objectives. Team __ shall be comprised of and organized by _______________________________. It will be the aim of said team to successfully complete CS 1 with the maximum of grade performance and to ensure the understanding of all tenets‚ facts‚ and errata connected with the study of the CS 1 curriculum for all group members. Each team member will be assigned specific roles (Manager‚ Recorder‚ Skeptic) and the roles will rotate during the
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Negotiating Delivery 1. The five steps in Negotiating Delivery. To deal with problems arising if there is a delay or if delivery is not as planned the Buyer and the Seller should negotiate delivery systematically. That means making sure all foreseeable problems are discussed and approaches to solving such problems are agreed. An overview of the five negotiating steps is suggested to simplify discussion of the ideas and to avoid problems: Timing‚ Location‚ Transport‚ Risk Title and Insurance
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