PROFESSOR DR. ULRICH BURGARD LEHRSTUHL FÜR BÜRGERLICHES RECHT‚ HANDELS- UND W IRTSCHAFTSRECHT‚ LAW AND ECONOMICS Compilation of German and European Statutes 7th Edition 03/2011 Content I. BASIC LAW ....................................................................................................................... 4 II. CONSOLIDATED VERSION OF THE TREATY ON EUROPEAN UNION ............... 40 III. CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION
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Defective Contracts Contract Classification Basis of Defect Status of the Contract Legal Effects Prescriptive Period Ratifiability A.Rescissible There is damage or injury either to one of the contracting parties or to a third person. Valid Considered valid and enforceable until they are rescinded by a competent court. The action for prescription may prescribe. NO 1. Contracts entered into in behalf of wards 2. Contracts agreed upon in representation of absentees 3. Contracts undertaken
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11/28/10 Business 210 Investment Fraud Charles Ponzi will forever infamously known as the con man of the 1920’s. Ponzi dealt with numerous amounts of investors who all trusted him to make them a profit on their investments. Unfortunately‚ Charles Ponzi was a crook from the start. He bought a total of $30 dollars in IPRC’s and stole about $30 million of his investor’s money. His brilliant idea that landed him in jail was to not buy IRPC’s at all‚ but to give people
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OUTLINE OF LECTURE IN LAW ON CONTRACTS (Defective Contracts) 1. Defective contracts a. Rescissible contract – valid until rescinded; b. Voidable contract – valid until annulled; c. Unenforceable contract – cannot be sued upon or enforced unless ratified; d. Void contract – no effect at all‚ cannot be ratified or validated 2. Rescission Rescission is the remedy granted by law to the contracting parties and sometimes even to third persons in order to recover indemnity
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there are requirements to form a valid contract other than offer and acceptance‚ that are‚ intention to create legal relation and consideration. What is consideration? It can be describe as being something which represent either some benefit to the person making a promise or some detriment to the person to whom the promise is made. The term consideration is given to the subject that is exchanged in a contract.1 It is a fundamental prerequisite in English contract law. 2 The courts has explained the
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Nd Contracts Outline Professor Murray 1. Contract Remedies (Chapter One) What is a contract?- promise or set of promises‚ for breach of which the law gives a remedy or the performance of which the law recognizes as a duty. Types of contracts- a. express: formed by language‚ oral or written b. implied: formed by manifestations of assent other than oral or written language; by conduct. c. quasi: not contracts at all‚ construed by courts to avoid unjust enrichment‚ by permitting plaintiff
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Introduction: According to figures from the US Coalition Against Insurance Fraud‚ the cost of claims fraud in the US alone in 1995 amounted to US$ 85.3 billion‚ which equates to a cost of US$ 326.47 for each American citizen. Research by the Rand Institute for Civil Justice in the US revealed that over one third of people injured in vehicle accidents exaggerated their symptoms‚ which adds US$ 13-16 billion to the annual US insurance bill. Figures from the pan-European trade association‚ the Comité
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Waste management Sues SAP for alleged fraud and breach of contract 1. What actions should WMI have taken to lessen the risk of this project and avoid these problems? * The two parties should have an understandable and proper conversation or agreement to avoid this kind of matter. And I think it’s a right decision for filing a case against SAP because they have no done their jobs well‚ the erroneous functions and the late submission of the system. And for other companies to experience
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1.0 Contracts and its Elements 1.1 Essentials of a Contract Contracts form part of our daily life e.g. lease of house‚ sale/purchase of cars‚ etc. However‚ there are elements essential to form a contract. These are: 1.1.1 Offer/Invitation MacMillan & Stone (2004) described offer as “an expression of willingness to contract on certain terms. It must be made with the intention that it will become binding upon acceptance. There must be no further negotiations or discussions required.” This can be
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Chapter 1 Discussion Questions 1. Fraud always involves deception‚ confidence‚ and trickery. The following is one of the most common definitions of fraud: “Fraud is a generic term‚ and embraces all the multifarious means which human ingenuity can devise‚ which are resorted to by one individual‚ to get an advantage over another by false representations. No definite and invariable rule can be laid down as a general proposition in defining fraud‚ as it includes surprise‚ trickery‚ cunning and unfair
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