Charlie is going to rescind the contract. He demands return of his money and compensation for the loss of commission on several high profile sales of his business. He wants to rescind the contract because the package of software recommend by Carmine was obsolete‚ despite Carmine’s assurances. This problem is concerned with the contents of the contract which is term in the contract‚ the misrepresentation and unconscionable conduct. Charlie will claim that Carmine verbal assurances about the
Premium Contract Contract law Misrepresentation
University of London Common Law Reasoning Institutions Essay Title: “There can be no real argument about it: judges make law. The declaratory theory is more or less nonsense.” Student Number: 120448995 Candidate Number: 150573 Historically there are lots of arguments by the philosophers and the critics that judges make law or not. Actually judges are meant only to interpret the law. This can be seen that somehow they are making law but the question arises whether this is lawful
Premium Common law Stare decisis Judge
1. Infrastructure‚ building and construction contracts often contain so called “termination for convenience” provisions‚ operating independently of breach‚ default or frustration. Termination of a contract has been considered as the legal consequence of certain kinds of breach‚ repudiation or frustration. Frustration is automatic. Breach and repudiation arise where default has occurred. 2. Provisions for termination at the convenience of‚ or at the will of the contracting parties‚ or any one
Premium Contract Contract law Breach of contract
TUTORIAL WEEK 3 TOPIC: APPLYING THE LAW LEARNING OBJECTIVE: 1. To understand how laws and the legal system are used to solve legal problems A. COMMON LAW AND THE DOCTRINE OF PRECEDENT 1. The three meanings of the term common law 2. The concept of equity. 3. The doctrine of precedent; the concept of stare decisis a. binding precedent b. persuasive precedent c. ratio decidendi d. obiter
Premium Common law Precedent Stare decisis
9. Yes‚ Suzy and Fred have a valid contract. Fred provided an offer to Suzy and Suzy accepted it through phone call in words. However‚ there is one concern for Suzy in this contract. By the time the contract is effective‚ Fred is‚ under 18 years old‚ a minor. If Fred is not married and nor emancipated either‚ he has the legal right to void the contract without being treated as breaching duty. 10. a. Suzy and Wally have a unilateral contract. Suzy made a promise to pay $10‚000 in exchange for Wally
Premium Contract Contract law Common law
Joel Carter MBA 610 Responsible Corp Leadership Illegal Contracts Was this a legal contract? This contract was legal. A contract is created when two or more separate parties assume defined obligatory roles that have lawful considerations. Put more simply‚ a contract is valid only when non-prohibited actions are being considered. A contract is of course a "legal" document. This implies that the roles and actions are also legal‚ and the parties obligated can legally complete the noted tasks
Premium Contract Common law Law
Sales contracts are formed in a very similar manner and with similar context as common law contracts. There are some differences however‚ and the Uniform Commercial Code (UCC) Article 2 covers these in great detail. The UCC was established in 1952‚ to “facilitate commerce among the states‚ by providing a uniform‚ but flexible set of rules governing commercial transactions” (Miller‚ 2014). One of the differences is in the contract’s offer‚ and when the contract becomes binding. Generally‚ a contract
Premium Contract Contract law Generally Accepted Accounting Principles
Role and Function of Law Paper Andrew Urey LAW/421 July 10‚ 2013 Winifred Cannon Role and Function of Law Paper In society as well as a business‚ law plays a significant role in their daily operation. For a society to be efficient and effective‚ laws have to be put into place to regulate social behavior. This paper intent is to define the functions and role of law in business and society. Finally‚ an example of how law is observed in the United States Navy will be elaborated upon.
Premium Law Common law Contract
Basic Contract Project Frances Teeter Kaplan University Professor David Rakowski PA130 March 10‚ 2015 MEMO To: Ms. Starz From: Frances Teeter Date: March 10‚ 2015 Subject: Is there a binding contract between Claire Dawn and Leonardo DeCapo in the matter of the 1965 Corvette Stingray sold by Claire Dawn? In the above subject matter‚ it is in question whether or not there is a binding contract between Claire Dawn and our client‚ Mr. Leonardo DeCapo‚ in the matter of a sale of Claire
Premium Contract Contract law Common law
Jessica Schmitt Business Law Chapter 15: 8. Sears‚ Roebuck and Co promised to give Forrer permanent employment‚ so he sold his farm at a loss to take the job. But shortly after beginning work‚ he was discharged by Sears who claimed the contract could be terminated at will. Forrer claimed that the promissory estoppel prevented Sears form terminating the contract. Under promissory estoppel a promisor may be prevented from asserting that their promise is unenforceable because the promise gave no consideration
Premium Contract law Contract