As our textbook explains fraud invalidates a contract. “The presence of fraud affects the authenticity of the innocent party’s consent to a contract. When an innocent party is fraudulently induced to enter into a contract‚ the contract usually can be avoided because she or he has not voluntarily consented to the terms. Normally‚ the innocent party can either cancel the contract and be restored to her or his original position or enforce the contract and seek damages for harms resulting from the fraud
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JEAN-JACQUES ROUSSEAU on THE SOCIAL CONTRACT An Analyses Paper In Partial Fulfillment of the Requirements of Philosophy 4: Socio-Political Philosophy; for the Second Semester of the School Year 2013 Saint Louis University Submitted by: ALLAYANS‚ Jy-ar ABRIL‚ Jover ADA-OL‚ Zhareth BAUCAS‚ Stephanie L. NADIAHAN‚ Maureen WACDAGAN‚ Jona MACEDA‚ Janet NANGLEDAN‚ Rescilyn POCOPIO‚ Maydee CORPUZ‚ Anne Bernadette Submitted to: MR. DON G. DE GUZMAN Faculty/ Instructor Department
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A contract is a "promise" or an "agreement" that is enforced or recognized by the law‚ whether implied or expressed. There must be an agreement‚ which consists of an agreement‚ an intention to create legal relations‚ and consideration. A contract is said to come into existence when acceptance of an offer has been communicated to the offerer by the offeree. An offer is an expression of willingness to contract on certain terms‚ made with the intention that it shall become binding as soon as it is
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It is an ordinary that Quasi-Contract is a waste paper wicker bin For the transfer of a “heterogeneous accumulation of cases resisting Conventional systems for order; however it is shown in the Succeeding passages that the circumstances is not all that terrible as that‚ despite the fact that there is no "Method of reasoning of Quasi-Contract‚" there Are yet close to three obviously classifiable gatherings in the wicker container which‚ when divided from one another‚ can be interfaced up to " different
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Social Contract Theory of John Locke Jerome Green Jr. CJA/530 June 30‚ 2010 Instructor: Ms. Marie Romero-Martinez John Locke was one of the preeminent philosopher’s of his time. In one of his most successful works‚ the Two Treaties of Government‚ Locke asserted that men are by nature free and equal against claims that God had made all people naturally subject to a monarch (Tuckness). Locke argued that people have rights‚ such as the right to life‚ liberty‚ and property. Locke’s Social
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FORM OF CONTRACT (Arts 1356-1358) 1. What is the form of a contract in order that it will of obligatory force? (Art. 1356‚ CC) GENERAL RULE: Whatever may be the form in which a contract may have been entered into‚ the general rule to 1356 of the Civil Code‚ is that it shall be obligatory provided all of the essential requisites for its validity are present. EXCEPTIONS: 1) When the law requires that the contract must be in a certain form in order to be valid; and 2) When the law requires that the
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THE SOCIAL CONTRACT THEORY The idea of the social contract goes back‚ to Thomas Hobbes; John Locke‚ Jean-Jacques Rousseau‚ and Immanuel Kant developed it in different ways. After Kant the idea largely fell into disrepute until John Rawls resurrected it. It is now at the heart of the work of a number of moral and political philosophers. The purpose of this paper is to compare and contract the social contract theorists and their views on the origin of state. THOMAS HOBBES: (1588-1679) Background:
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REMEDIES FOR BREACH OF CONTRACT Failure of buyer to take delivery Section 44 states that‚ when the seller is ready and willing to deliver the goods and requests the buyer to take delivery‚ and the buyer does not‚ within a reasonable time after such request‚ take delivery of the goods‚ he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery‚ and also for a reasonable charge for the care and custody of the goods: Provided that nothing in this section shall
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Procedure: A suit was filed by Gary Porter in the Utah State Court against Fox with alleging breech of an implied-in-fact contract. The court granted summary judgment for Porter‚ which Fox later appealed to a state intermediate court. Issue: If sections of a contract are left out by mistake‚ is the contract still valid and enforceable? Were all the requirements of an implied-in-fact contract met? Holding: Yes Reasoning: The appellate court affirmed the lower courts summary judgment in favor of Porter
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Essential elements of Contracts BUS 670 Legal Environment Instructor: Mark Cohen 09/26/2011 Essential elements of Contracts All contracts share some common elements. A contract starts when an offer is made‚ certain requirements need to be satisfied to ensure the agreement is legal‚ in particular a capacity of parties to contract has to be proven‚ the legal purpose of the agreement and the satisfaction of consideration‚ before the offer is accepted. Contracts have common elements in
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