Contract A promise the law will enforce. Judicial Restraint The court takes a passive role and enforces what is already written in the contract‚ no matter if one party benefits over the other party. Judicial Activism The court takes an active interest in the contents of the contract and makes decisions based on what is "fair" and "right". Four Elements of a Contract (1) Agreement- offer is made by one party and accepted by another party.(2) Consideration- bargaining (3) Legality- has to
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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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Ng Cin Yan Contract Law Ng Cin Yan Contract law is a law which regulates the commercial world by enforcing contracts.1 Contracts allow consistency and also certainty in business transactions which in turn increases business efficiency. This is because a contract sets down clearly the obligations and rights of each party in an agreement‚ hence making sure that the parties are aware of their individual responsibilities before and after consensus ad idem or in other words the meeting of
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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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FAKBIK Submitted: December 17‚ 2013 Revised: April 20‚ 2014 An Equitable Marriage Contract in Islamic Law Critics of Islam often focus on the relationships between men and women and argue that Islamic marriages are inherently sexist. Apologists agree that in practice‚ certain interpretations “have so severely restricted woman that marriage becomes an institution of oppression for her.”1 Wadud argues that using marriage as the “means by which a woman is stripped of her individuality and
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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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7/01/13 Business Contracts: Protocol‚ Laws & Ethicality There are various kinds of contracts which arise within our business world today; contracts are an essential component to business livelihood. Although a contract is an agreement‚ not all agreements are valid contractual obligations. In order for any contract to be an official and legally binding agreement‚ there are essential requirements which must first be fulfilled. Because contracts are vital to the organization and
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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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