Assignement 1 contracts Sayres v. Wheatland Group‚ L.L.C.‚ 79 Va. Cir. 504 (Va. Cir. Ct. 2009) CASE SUMMARYPROCEDURAL POSTURE: Plaintiff filed suit against defendants alleging that the contract for the construction and sale of a home that was at issue in this case was void‚ invalid‚ and unenforceable. Plaintiff also alleged that he was entitled to rescission and cancellation of the same contract. Defendants filed a counterclaim for specific performance of the contract of sale. Plaintiff moved
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True/False Indicate whether the sentence or statement is true or false. ____ 1. When an obvious clerical error exists in a written contract‚ the contract may not be enforceable. ____ 2. If the subject matter of a contract turns out to be more valuable than one of the parties believed it would be‚ that party can rescind the contract. ____ 3. A fraudulent contract may be enforced by the innocent party. ____ 4. An act of concealment‚ with an affirmative misrepresentation‚ will not be sufficient
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An exclusion clause is a term in a contract purporting to exclude or restrict the liability of one or more parties to the contract for breach of obligation . Exclusion clauses are controlled by common law and statute. The Unfair Contract Terms Act 1977 (UCTA 1977) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999) confine the extent to which an individual can exclude or limit his business liability towards consumers. The Office of Fair Trading runs an unfair terms unit which
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Contract Law Essay Introduction The case‚ as set out‚ concerns two companies‚ Smart Co (hereinafter S Co) and Bright Co (hereinafter B Co). S Co needs to be advised as to whether it can claim compensation under the breach of the contract‚ which can exceed the 50£ limitation‚ which limitation is included in the contract under a clause. In simple words the validity and therefore the effectiveness of the limitation clause is to be considered under the Unfair Contract Terms Act 1977 . For the
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Unit 2 short paper 1 Prenuptial Agreements William E. Ogle Unit 2 Short Paper: Prenuptial Agreements Family Law PA 250-01AU Prof; Kinsella Unit 2 short paper 2 This Act is intended to be relatively limited in scope. Section 1 defines a "premarital agreement" as "and agreement between prospective spouses made in contemplation of marriage
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of unconscionability because most of these cases can be explained on the basis of common law principles such as duress‚ undue influence‚ unilateral mistake‚ capacity and misrepresentation. Basis of the doctrine Fry v Lane involved plaintiffs who were ignorant and living in poverty. They sold their property to the D at 440 pounds who then subsequently resold at 3000 pounds. The court held that the contract could be rescinded because of unconscionability because 3 conditions had been satisfied.
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Tort Law Reading Notes Week 1 Mon Sep 8 Damages pp697-729 - aim of damages: restore plaintiff to position he would have been had the wrong not occurred o as this is impossible in cases of personal injury‚ monetary compensation is used o total amount is the amount that will release the target amount over the given span of years - assessment is a matter if calculation‚ not impression (SCC 1978) - 3 probs: o 1) what kinds of items must a defendant compensate
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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BANGALORE M.B.L. PART – I CONTRACT LAWS Important Case Laws 1. Balfour v. Balfour [(1919) 2 KB 571] Mr. Balfour promised to send £ 30 every month. Mr. Balfour did not send the money Mrs. Balfour sought to recover the promise money in the court of law. Whether a promise of domestic nature between a husband & wife could be binding? Held that‚ the promise between the parties was not intended by them to be legally binding. Hence‚ Mrs. Balfour could not
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LABOUR LAW LECTURER: MR MUPANI NAMES: TAFADZWA N MOYO M112877 TAFADZWA MUTIWANYUKA M BELIEVE G MBULAWA M TERENCE MATASHU M ABIGAIL MABVIRAKARE M CARLEEN KATURUZA M FRANCISCA ZVENYIKA M MARY SHIRICHENA M Labour law according to Gwisai (2006) refers to the system of rules that regulate the voluntary relationships arising from the workplace and whose enforcement is guaranteed by the state as law. According to the labour act Chap 28.01‚ labour law is referred
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“factual”‚ or “practical benefit"‚ which is given from one to the other party. Lord Glidewell held that there have to be several conditions to apply this rule. • One party has entered in a contract with another to do work for‚ or to supply goods or services in return for payment (there was a contract because Alexandra employed Bertram to install a new kitchen) • Before it is done‚ one party has reason to believe that another may not be able to complete the work (It was clear for both Alexandra
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