Common Contracts Kristin Moore‚ Linda Jessie‚ Susan Snow‚ and Sarah Viray 3-6-2015 Law/421 Andrew McAdams In a typical person’s lifetime they will encounter many situations where they will enter into a contract with someone else. There are many different types of contracts that we may enter into‚ some knowingly and even some unconsciously. Buying a car with financing is a type of loan‚ entering into a new work place‚ and even getting a haircut is a type of contract. Common Contracts Contracts
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Principles of Law Section 2 of SGA "Every kind of movable property other than actionable claims and money‚ and includes stocks and shares‚ growing crops‚ grass and thing attached to or forming part of land which are agreed to be severed for sale or under the contract of sale" Section 15 of SGA If the contract is for the sales of goods by description‚ there is an implied condition that the goods must correspond with the description. Case: Moore & Co v Launder Facts: Contract for 3‚100 cases
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Contracts Essay 3 Issues Raised by Breach of Contract Breach of Contract A breach of contract occurs when a party’s duty to perform under a contract is absolute‚ and that party fails to perform. The duty can be absolute because it was not conditional in the first place; any conditions were either excused or fulfilled; or the duty was not discharged. According to the facts Bilda had an absolute duty to finish building the cabin by December 1‚ the agreed upon completion date. Since Bilda
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practicing under the corporate name Family Health Care‚ P.C.‚ entered into a written employment contract to hire Dennis Winkel. The contract provided for an annual salary‚ insurance benefits‚ and other employment benefits. Another doctor‚ Dr. Quan‚ also practiced with Dr. Vranich. About nine months later‚ when Dr. Quan left the practice‚ Vranich and Winkel entered into an oral modification of their written contract whereby Winkel was to receive a higher salary and a profit-sharing bonus. During the next
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Philip for a price 30 percent below market value‚ Philip will no longer support and take care of him. Jerome enters into the contract. Discuss fully whether Jerome can set aside this contract. Yes‚ I believe Jerome can set aside the contract because it was formed under undue influence and duress. Since Jerome is totally dependent on Philip for his support and the contract benefits the guardian by being able to purchase the land for below market price – this makes Jerome feel obligated because he
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existence of contract entitled Albert to claim for a breach of contract from Charlie with four elements of contract to be established here: that the offer been made by Albert and has been accepted by Charlie‚ that parties intend to create legal relationship and that the consideration was provided. The issue here is to determine if a reasonable person would consider offer had been made. An offer may be described as the indication of one person to another of his willingness to contract on specified
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warranties or restrict buyers to a few requirements to qualify for a warranty. A warranty is a promise‚ arising by operation of law‚ that something that is sold will be merchantable and fit for the purpose for which it is sold. Express warranties: need to be communicated by words to the consumer by the seller. The seller can communicate the agreement in a written contract or even simply by agreeing orally. By expressing the warranty‚ the seller could emphasize on the requirements of the goods condition
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Law of Writs In common law‚ a writ is a formal written order issued by a body with administrative or judicial jurisdiction. In modern usage‚ this body is generally a court. Writs are extraordinary legal remedies offered to individuals who do not obtain adequate protection under ordinary law. The main types of writs are warrants and prerogative but there are many others also. Writs under English law The origin of writs can be drawn from the English judicial system. The law of writs has its
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This is the basic distinction between offer and invitation to offer. The display of articles with a price in it in a self-service shop is merely an invitation to offer. It is in no sense an offer for sale‚ the acceptance of which constitutes a contract. In this case‚ Smt. Prakash in selecting some articles and approaching the cashier for payment simply made an offer to buy the articles selected by her. If the cashier does not accept the price‚ the interested buyer cannot compel him to sell.
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bilateral mistake in the contract invalidates the lease‚ and therefore the pet clause is no longer enforceable. Also‚ the doctrine of promissory estoppel can be used to help Rafi not only keep his dog in the apartment but also recover the boarding fee from his landlord‚ as he relies on the landlord’s promise. There is a bilateral mistake in the contract‚ and therefore the contract is invalid When both parties are mistaken about a fact that goes to the heart of the contract‚ then either party has
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