1. Tia signs a lease that states that any change in the zoning law that affects the lease will cause its termination. Union City’s zoning board adopts a new zoning classification that affects the lease. This adoption satisfies: a. no condition. b. the condition precedent. c. the concurrent condition. d. the condition subsequent. 2. Bayside Construction Company enters into a contract with Clio to remodel Dewey’s Home Store‚ using products from Eagle Building Supplies. Fresh Food Café is next
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context of contract law‚ it means something along the lines of "reasonable value of services". In the United States‚ the elements of quantum meruit are determined by state common law. For example‚ to state a claim for unjust enrichment in New York‚ a plaintiff must allege that (1) defendant was enriched; (2) the enrichment was at plaintiff’s expense; and (3) the circumstances were such that equity and good conscience require defendants to make restitution. Situations[edit] Contract law Part of
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significant theme in the Australian law of contract. Liberal theories‚ which locate freedom of contract as central‚ have been tempered by an increasing emphasis on justice and conscionable conduct in contractual relations. Virginia courts have defined an unconscionable contract to be "one that no man in his senses and not under a delusion would make‚ on the one hand‚ and as no fair man would accept‚ on the other." In other words‚ the inequality present in the contract must be so gross as to "shock the
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assignment asks whether or not the rule generated in the case of Williams v Roffey Bros & Nicholls (contractors) Ltd [1991] 1 Q.B. should be applied to all cases involving part – payment of debt. The question also requires the analysis of the law in relation to whether pre-existing contractual duty can amount to good consideration. In order to answer the question fully‚ it will be necessary to look at two areas of consideration in particular: part payment of a debt and performance of existing
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Q1: What is a tort? Tort: A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another. Q2: What are the four elements of negligence? They are Duty‚ Breach‚ Injury‚ and Causation. Q3: Is Shannon liable for the tort of negligence? Yes‚ she is. First of all‚ she has been told by her physician that not to drive after taking the medication. Thus she has the duty not to drive in order to take care
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False 2.5 points Question 3 1. A novation revokes and discharges a prior contract. AnswerTrue False 2.5 points Question 4 1. All collateral promises must be in writing to be enforceable. AnswerTrue False 2.5 points Question 5 1. Steven‚ who is Bertha ’s guardian‚ convinces her to buy a certain parcel of land from Christy at a greatly inflated price. Steven may be liable for Answer | | duress. | | | fraud. | | | puffery. | | | undue influence. | 2.5 points
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Examples of contracts: Valid contract: A homeowner (who is over the age of 18 and of sound mind) signed a contract with the appliance store to buy a refrigerator. The homeowner pays for the refrigerator and the appliance store presents the refrigerator for the homeowner to take home. Void contract: Contract that was between an illegal drug dealer and an illegal drug supplier to purchase a specified amount of drugs for a specified amount. Either one of the parties could void the contract since there
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evidence rule enacts a principle of the common law of contracts that presumes that a written contract embodies the complete agreement between the parties involved. The rule therefore generally forbids the introduction of extrinsic evidence (i.e.‚ evidence of communications between the parties which is not contained in the language of the contract itself) which would change the terms of a later written contract. In order for the rule to be effective‚ the contract in question must be an integrated writing;
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THE DOCTRINE OF UNCONSCIONABILITY: IS IT APPROPRIATE FOR IT TO BECOME THE UNDERLYING PRINCIPLE FOR A CLAIM OF VOIDABLE CONTRACTS ON THE GROUNDS OF UNDUE INFLUENCE? Table of Contents 1.0 Introduction 3 2.0 Concept of undue influence 3 3.0 Doctrine of unconscionability
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client as the followings:- 1. Breach of law or misconduct A solicitor who has accepted instructions to act is under a duty to uphold the law and to observe the rules of professional conduct; a client must accept these limitations on the performance of a retainer. 2. Competence to Act This obligation to refuse or to cease to act is a consequence of the ethical responsibility to act competently and promptly in carrying out any retainer. 3. Duress or Undue Influence If a solicitor suspects
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