Executive Summary Various issues in the common law arise when agents make contracts on behalf of principals. Should a principal be bound when his agent makes a contract on his behalf that he would immediately wish to disavow? The tradeoffs resemble those in tort‚ so the least-cost avoider principle is useful for deciding which agreements are binding and can unify a number of different doctrines in agency law. In particular‚ an efficiency explanation can be found for the undisclosed-principal rule
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behind on their mortgage payments‚ they entered into an oral contract to sell the house to Winfield and Emma Sackett if the Sacketts would pay the three months’ arrearages on the loan and agree to make the future payments on the mortgage. Mrs. Briggs and Mrs. Sackett were sisters. The Sacketts paid the arrearages‚ moved into the house‚ and continued to live there. Fifteen years later‚ Robert Briggs filed an action to void the oral contract as in violation of the Statute of Frauds and evict the Sacketts
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LAW AND CONTRACTS 1.Eagle Stores‚ Inc. borrows $5‚000 each from EZ Loan Corporation‚ First National Bank‚ and Great Products Corporation. Eagle uses its "present inventory and any thereafter acquired" to secure the loans from EZ Loan and First National. EZ Loan perfects its interest on April 1‚ followed by First National on April 5. Eagle buys new inventory on April 10 from Great Products and signs a security agreement‚ giving Great Products a purchase-money security interest (PMSI) in the new
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| | Elyse Rivera | 6/18/2013 | | “The first step in the ‘process’ is to decide which steps in the process to follow‚ and how.” Pre-Planning and Planning | Execute and composing the process | Reviewing‚ Editing‚ and Proofreading | Before planning your message to the audience you should first find out what they really want‚ or what you can offer them and the reasons it would benefit them. It is a very common process to have to revise several times and allowing you to know this
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Business Law–LEGT1710 The Role of Law In Business The Law is a systematic set of rules to control conduct within a society‚ created by parliament and is enforced by courts. Sources of Law Law is made up of two parts: 1. Enacted (Statute) Law: law that is made by parliament. It can be changed by parliament but is interpreted by judges. In the case of a conflict between statue and common law‚ statue law prevails under the Doctrine of Parliamentary Supremacy as it has the ultimate law making
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Contract Creation and Management Erica Ackerman University of Phoenix Online Business Law LAW 531 Laurie Wicker April 30‚ 2012 Contract Creation and Management Introduction A contract is a binding agreement between two or more mutual parties. When people enter into a contract‚ they must abide by every article of the contract or they are in danger of a lawsuit for breach of contract (Cheeseman‚ 2010). The author of this paper completed the contract creation and management simulation
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5 Indian Sale of Goods Act‚ 1930 1. Contract of Sale – Meaning A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. There may be a contract of sale between one part-owner and another [Sec 4(1)]. A contract of sale may be absolute or conditional [Sec 4(2)]. The term ‘contract of sale’ includes both a ‘sale’ and an ‘agreement to sell’. 2. Essentials of a Contract of Sale (Refer text for details) a. Two
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existence of contract entitled Albert to claim for a breach of contract from Charlie with four elements of contract to be established here: that the offer been made by Albert and has been accepted by Charlie‚ that parties intend to create legal relationship and that the consideration was provided. The issue here is to determine if a reasonable person would consider offer had been made. An offer may be described as the indication of one person to another of his willingness to contract on specified
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INTRODUCTION TO LAW AND LEGAL REASONING Law – provides stability‚ predictability‚ and continuity. LAW IS AN (1. SET OF RULES) that (2. COURTS WILL ENFORCE)—and AMERICA’S FIRST LAW SYSTEM USED IS COMMON LAW/ ANGLO-AMERICAN COMMON LAW DEAN’S LIST 1. CONSTITUTION (+ CHARTERS) 2. STATUTES (+ ORDINANCES) 3. TREATIES 4. CASE LAW / PRECEDENTS / STARE DECISES 5. EXECUTIVE ORDERS 6. ADMINISTRATIVE RULES + REGULATIONS 7. CONTRACTS 8. INITIATIVE (+ RECALL) 9. REFERENDUM 10. COMMON LAW “ANGLO AMERICAN
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bilateral mistake in the contract invalidates the lease‚ and therefore the pet clause is no longer enforceable. Also‚ the doctrine of promissory estoppel can be used to help Rafi not only keep his dog in the apartment but also recover the boarding fee from his landlord‚ as he relies on the landlord’s promise. There is a bilateral mistake in the contract‚ and therefore the contract is invalid When both parties are mistaken about a fact that goes to the heart of the contract‚ then either party has
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