Some principles and ideas of many cases dealing with Common Law and statues are the common idea of good faith and fair dealing‚ breach of contract or no contract and means to agreements and ruling. The common idea of good faith and fair dealing is normally used when there are technical excuses for a breach of contract or specific wording. This principle may be used in different occasions such as fraud (McClain v Octagon Plaza)‚ question of fact (Shah v Cover-it‚ Inc)‚ unfair and unjust enrichment
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How Does Equity Fulfill the Common Law Common Law Equity fulfils the common law‚ although it does not endeavour to displace it with a moral code. In order to be influential‚ the law is to be professed as both certain and predictable‚ and also flexible and fair. Specifically‚ it needs clear rules on the one hand‚ but flexibility on the other to produce exceptions to cases that lead to apparently incongruous or unjust conclusions if the rules are
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WARRANTIES: Several types of warranties: (1) warranties of title‚ (2) express warranties‚ (3) implied warranties. 1. WARRANTIES OF TITLE: 3 types of title warranties- good title‚ no liens‚ and no infringements-can automatically arise in sales and lease contracts. Sellers warrant they have good and valid title; if buyer learns they don’t the buyer can sue seller for breach of warranty. Liens-protects buyers who unknowingly purchase goods that are subject to a creditor’s security interest. Free of infringements-when
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Contract Law Name BUS 311 Business Law I Professor Date The law of contracts has been a part of our culture for a long time. Contracts are an agreement‚ either written or spoken‚ with a company or person to do something that is agreed upon with binding terms. Contracts are the glue that keeps the world of business together. They bind employees and companies‚ consumers and producers‚ and suppliers and wholesalers. A contract can vary from country to region or even jurisdiction‚ but a
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the law protect the rights of consumers?! The monumental changes in the last two centuries have rendered consumers especially vulnerable to unfair business conduct. In reaction to this the law has set out exactly what the rights of consumers are‚ and attempts to protect them through a number of ways. Over the years‚ the courts have made numerous decisions in relation to consumers and businesses and the result has been a thorough body of common laws that regulate the formation of contracts. The
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OUTLINE OF LECTURE IN LAW ON CONTRACTS (Defective Contracts) 1. Defective contracts a. Rescissible contract – valid until rescinded; b. Voidable contract – valid until annulled; c. Unenforceable contract – cannot be sued upon or enforced unless ratified; d. Void contract – no effect at all‚ cannot be ratified or validated 2. Rescission Rescission is the remedy granted by law to the contracting parties and sometimes even to third persons in order to recover indemnity
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An agreement must contain four essential ingredients to be regarded as a contract. These four elements are offer‚ acceptance‚ Intention of legal consequences‚ and consideration. If any one of them is missing‚ the agreement will not be legally binding. An offer is defined as the manifestation of the “willingness to enter into a bargain so made as to justify another person in understanding that his assent to the bargain is invited and will conclude it.” There must be a definite‚ clearly stated offer
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professional services. (Points : 2) True False 2. Jay tells Kim that he will buy her textbook from the last semester for $80. Kim agrees. Jay and Kim have (Points : 2) an express contract. an implied-in-fact contract. an implied-in-law contract. a quasi contract. 3. Barb allows Candy to enter Barb ’s warehouse and take a DVD player. Charged with theft‚ Candy can successfully claim‚ as a defense‚ (Points : 2) consent. duress. entrapment
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Contract Law – Formative Assessment Alex would be suing Betty for a breach of contract. He would only succeed if he’s able to prove that a contract was in place. A contract can be defined as “a written or spoken agreement that is intended to be enforceable by law.” In order for it to be formed‚ agreement must take place and it can be broken down into two elements. Firstly‚ an offer. This can be described as an expression of willingness to contract on clear terms‚ with the intention that it will
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Unit 5 Practice Test 1. All contracts involving interests in land must be in writing to be enforceable –T 2. A contract that by its own terms cannot be performed within a year must be in writing to be enforceable -T 3. All promises must be in writing to be enforceable -F 4. There are no exceptions to the Statute of Frauds -F 5. The rights under a contract for personal service normally can be assigned - F 6. A contract that contains a clause prohibiting its assignment will usually prevent it from
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