Misrepresentation Step 1. Determine whether the meaning of the representation is false or not – objective test Step 2. Three possibilities of a misrepresentation: 1) It is a term of the contract; 2) It constitutes a collateral contract; 3) Does not acquire contractual status at all. Step 3. Results: 1) Rescission of the contract; 2) Damages in tort (if the tort of deceit or the tort of negligence can be made out) Smith v Lane & House Property Corp This case deals with the situation
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Identify 6 things caught by the SOF Judge decides all issues in equity = decree enforced through powers of contempt (no jury‚ no trial) = compliance incarceration Buyers cover‚ sellers mitigate (there’s no opportunity to cover) Chapter 1. Introduction [The study of judicial remedies: Rights & Remedies] Ex Aequo et Bono: according to equity and good conscience RIGGS v. PALMER * F: Grandson killed grandfather to gain inheritance * Letter of the Law would have awarded a murderer
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Law) What key values or aims does English Land Law promote and evaluate the balance struck by them. Provide illustrations of relevant cases and statute in this regard. The English Land Law is one of the oldest branches found in the doctrine of common law. It has its origins in the feudal reforms imposed on England by William the Conqueror during the Norman Conquest after 1066.1 The Conquest brought with it a sharp distinction which still exists‚ technically between land and chattels
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Fusion or no fusion of equity and the common law at a substantive level Since the administrative fusion of the Common Law and Equity Courts after the 1873 and 1875 Acts‚ there has been a lot of controversy over whether to fuse both equity and common law. There are valid arguments both for and against fusion. Those arguing for the fusion of Equity and Common Law at a substantive level often comment on the inconsistency created by equity’s intervention in law. ‘There would sometimes be arbitrary
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1. Voidable Contract: An agreement which is enforceable by law at the option of one or more of the parties thereto‚ but not at the option of the other or others‚ is a voidable contract. A contract is voidable when one of the parties to the contract has not exercised his free consent. One of the essential elements of a formation of a contract for example‚ free consent‚ is absent. All voidable contracts are those which are induced by coercion fraud or misrepresentation. The person whose consent is
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SEMESTER 1: 2014/2015 LXEB 3110 EQUITY I ASSIGNMENT NAME: GOH POI SZE MATRIC NUMBER: LEB120033 TUTOR: DR USHARANI A/P BALASINGAM DATE OF SUBMISSION: 3 NOVEMBER 2014 1. Introduction Maxims of equity are short statements that contain the essence of equity law. These maxims were developed over the years and today are used as a set of general principles which are said to govern the way in which equity operates. They illustrates the standards of morality in judicial decision making1 and
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WRITING CASENOTES Essentially‚ a casenote is a summary of a case. Christopher Enright‚[1] as outlined below‚ suggests the type of information that should be included in any case summary. You may wish to use these points as a guide to writing your own casenote: • Formal particulars‚ including: o The name and citation of the case (ie Mabo v Queensland (No.2) (1992) 175 CLR 1)‚ o Name of the court and judge(s)‚ o Name and status of each party‚ and
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standard of conduct than a non-merchant. Good Faith. The UCC imposes a duty of good faith in the performance of all contracts. For a merchant‚ good faith means honesty in fact plus the exercise of reasonable commercial standards of fair dealing. Unconscionability. A contract may be unconscionable if it is shockingly one-sided and fundamentally unfair. 4. Which contracts require a writing under UCC Article? 255 Requires a writing for any sale of goods worth $500 or more. 5. Under Sec. 2 – 2007 what
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evidence rule Contract of adhesion Integration clause Contra proferentem Title-transfer theory of contract Excuses for non-performance Mistake Misrepresentation Frustration of purpose Impossibility Impracticability Illegality Unclean hands Unconscionability Accord and satisfaction Rights of third parties Privity of contract Assignment Delegation Novation Third-party beneficiary Breach of contract Anticipatory repudiation Cover Exclusion clause Efficient breach Deviation Fundamental breach Remedies
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the four main components of mutual assent‚ consideration‚ capacity‚ and legality. “In order for a contract to be legally enforceable‚ it must have been freely entered into by the parties” and furthermore “capacity‚ undue influence‚ duress and unconscionability deny enforcement if the free will of a party has been overborne” (Spann‚ 1988). Besides contract law‚ it also makes sense to look at the Uniform Commercial Code (UCC) and how it relates to this case. Contracts for goods‚ as in this situation
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