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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Foundations of South African Law- RDL 1003/6W Assignment 1- Case Summary- Du Toit v Loriet 1918 OPD 99 Facts: The Plaintiff “Du Toit” entered into a contract to lease his agricultural land for two years‚ starting on the 15th of July 1918 with the option of sale with the defendant “Lotriet”. The plaintiff was a minor at the time the contract was entered into in June 1916 and yet the contract was only going to commence after the plaintiff had reached majority. The plaintiffs farther (the guardian)
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Semester 2 2014 Fundamentals of Law: Contracts Assignment Name: Student ID: Table of Contents 1.0 Case 4 2.0 Questions 4 3.0 Memorandum 5 4.0 Reference 9 1.0 Case Semester Two 2014 Bea‚ an amateur art collector‚ read the following ad in the paper: “Steven’s Art and Antiques – The Finest in Collectibles – Internationally Recognised Artists!” Bea went to Steven’s store and spotted a large painting signed with the name “Master”. Bea asked Steven‚ “Is this an original
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Business Law II Title: Comparison of Uniform Commercial Code and Malaysia Sales of Goods Act 1957 Spring Semester‚ 2013 Submission date: 28th March‚ 2013 Michele Ch’ng Chiau Woon SCSJ-0007016 Table of Contents Abstract 3 Introduction 4 Uniform Commercial Code (UCC) 4 Sale of Goods Act (1957) 5 Comparison of Uniform Commercial Code and Sales of Goods Act 1957 6 Open Price Terms 6 Implied Warranty: Fitness‚ Quality or Purpose 7 Acceptance of Goods 10
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The purpose of this paper is to reflect the comprehensive understanding on the elements of the contract along with its principles of the contract law. The paper is also revolving around the level at which the law has influenced the given case of James and Robert while providing the appropriate solution for both Robert and James. Summary of Case of Purchasing Classic Porsche The case is revolving around the James‚ who is the owner of a Porsche 911 of 1980 car willing to sale and Robert a potential
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Legal Issues Question One- (319 words) The contract at the centre of Bridgewater v Leahy [1998] HCA 66 is a deed of forgiveness of debt‚ in relation to the transfer of land. The parties to this contract were Neil York‚ who bought the interest in the land‚ and Bill York who sold the interest‚ and forgave the debt. The contract was entered into on 19th July 1988‚ with the terms being that Bill would transfer his interests in the Wonga Park fee simple‚ the Wonga Park perpetual lease selection
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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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Suman Siva Prof. Jeong Chun Phuoc 012014111647 Assignment 2 – Weekly Case Law Critique WEEK 1 CASE LAW ON CARLILL V CARBOLIC SMOKE BALL (1893) Issue 1. Was the advertisement by Carbolic Smoke Ball Co. a contract with the whole world? 2. Was the advertisement by Carbolic Smoke Ball Co.‚ rewarding 100 pounds to any person who uses the product (smoke ball) as directed for a given period and still get contracted to influenza‚ colds or other diseases a "mere puff"/ “nudum pactum” ? Analysis From my
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SAB 330 Week 8 PUBLIC POLICIES AND ECONOMIC ORGANIZATIONS 1) Explain term of “consideration” The "consideration" requirement for creating a Common Law contract requires that both sides of the agreement give consideration. "Consideration" is the giving of bargained for legal value. The "bargained for" requirement means only that the legal value given is that which the other party requested‚ i.e. that there has been some communication about who gives or does what for whom. There is seldom
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Liquidated Damages v. Penalty Are Causation and Loss Really Required?‚ Pooja Sharma* In a contract‚ the parties may name a sum to be payable in the event of breach. If such sum is a genuine pre estimate of loss it is termed liquidated damages‚ and if it bears no reflection on the loss suffered‚ it is termed a penalty. Courts are reluctant to enforce penalty clauses and in such cases the sum stipulated is normally reduced. It has been perceptively observed by Fansworth that in comparison to the
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