1. INTRODUCTION 5 CCQ Artticles: 5 Comments for essay questions: 5 Brierley and Macdonald‚ “Quebec Civil Law” (1993) 6 Autonomy of the will theory: (B/J) 6 Ghestin: "L ’utile et le juste dans les contrats" (1981) 6 2. PRECONTRACTUAL ANALYSIS 7 What constitutes a valid offer? 7 CLL definition of an offer & an offeror 7 CML definition of an offer 7 Preliminary negotiation v. offer: 8 Harvey v Facey (1893 Privy Council) 8 Termination of an offer – lapse and
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1. Sharon must be a consumer uin order to assert any rights aginst Dean. A consumer is a person A consumer means an individual partnership‚ cooperation this state or a subdivision or agency who seeks or acquires by purchase or lease any goods or services. The goods or services must form the basis of the complaint. Godds menan tangible chattel or real property purchased or leased for use. Here Susan is a Consumer since she purchased the boat which is a good. The is what boat forms the basis
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(Issues) The issue at hand is whether Mary‚ through a contract with Mr. Shifty‚ Dream Works Picture’s Vice President of Production‚ is entitled to compensation. (Rule) By meeting the standards of the six elements an agreement‚ consisting of an offer and acceptance; consideration; capacity; legal purpose; genuine assent; and writing‚ if any. Mary Asher has a valid‚ contract with Mr. Shifty‚ a representative of Dream Works Pictures. Agreement‚ the first of the six relevant elements‚ is a meeting
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TORRENS TITLE * System of title by registration rather than registration by title (Breskvar v Wall (1971) 126 CLR 376. * Indefeasibility- The registered proprietor holds the title free of all unregistered interests. S42 Real Property Act 1900 (NSW). * Registration of a void instrument confers immediate indefeasibility in the absence of fraud (Frazer v Walker [1967]] 1 AC 569. * Sir Garfield Barwick sitting on the Privy Council in Frazer v Walker described it as: “a convenient description
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Legal writing and credit For a trust instrument to be valid and effective‚ it must be properly constituted. For a trust to be deemed as completely constituted‚ all of the relevant formalities must have been satisfied by the settlor‚ hence the legal title of the property must transfer to the trustees. The reason for a conveyance of property to the hands of trustee is explained in Milroy v Lord (1862) by Turner L.J. is that a valid and effectual voluntary settlement will exist‚ when the settlor
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Discussion Question 1. On 1 Jan 2009 a V and P entered a standard form contract for sale of property in SYD‚ with special condition that the “sale is subject to P completing the sale of his existing home in Brisbane by 1 June 2009” but no time for completion is specified and clause 29 of 2005 Standard Form is deleted. (Standard Form: completed with in 42 days of existing contract/ exchange of contract? Hence the qtn scenario means it’ll be deleted.) Is there a binding contract for SYD before
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Case Scenario: Big Time Toymaker LAW/421 Case Scenario: Big Time Toymaker Big Time Toymaker (BTT) develops‚ manufactures‚ and distributes board games and other toys in North America‚ Chou is the inventor of a new strategy game he calls Strat. BTT had an interest in distributing Strat and entered into an agreement with Chou‚ offering him $25‚000 in exchange for exclusive negotiation rights for a 90-day period. This agreement stipulated that no distribution contract existed unless it was in writing
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Cheat Sheet: Note: UCC governs the sale of goods; NOT SERVICES Offer+acceptance+consideration=contract Four types of contracts: 1. consideration: when you have a contract for a bargained for exchange where the promisor receives a benefit to the promisee’s detriment; note: benefit/detriment has to induce the promise 2. moral obligation: promise+antecedent benefit (rare) 3. promissory estoppel: a contract exists when a person reasonably relies upon a promise to his detriment 4. form: some contracts
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MGT 320 Mastery Exercises Week 1 1. It is normally wise to represent yourself in court if you have some form of legal background. a. False 2. Standing is a statutory requirement that Congress can eliminate a. False 3. Requiring a defendant to pay a portion of his or her wages to satisfy a judgment is called _________. a. Garnishment 4. A peremptory challenge can be used to remove a juror based on gender a. False 5. The only unelected branch of government is which is the following? a. Judiciary 6
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will find you are bounded to the server provider for two years just after you signed it‚ you can get out of it unless you pay a large penalty. In the contract like this‚ the part of rebate usual is written in the easy-find-way and the part of unconscionability used euphemistic description. So‚ my mind is full of the benefits I can get and forget what I need pay for that. Whatever‚ the clause you ignored maybe the very critical. Read the
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