University of the Philippines College of Law OUTLINE IN OBLIGATIONS AND CONTRACTS Prof. Eduardo A. Labitag Title I. Obligations Chapter I General Provisions I. Concept A. Definition- Art. 1156 - criticism of definition B. Elements 1. 2. 3. 4. Active Subject Passive Subject Prestation or Object Efficient cause or juridical tie or vinculum juris C. Distinction Between Natural and Civil Obligations 1. As to enforceability 2. As to basis II. Sources of Obligations- Art.
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SALE OF GOODS ACT 1930 PRESENTED BY:Lhamo Kamal Sahu Madhuri Patel Saurabh Lalwani Nikhil Cheriyan Contents INTRODUCTION ESSENTIALS OF CONTRACT OF SALE DISTINGUISH BETWEEN SALE AND AGREEMENT TO SELL DOCUMENTS OF TITLE TO GOODS CONDITIONS AND WARRANTIES DOCTRINE OF CAVEAT EMPTOR RIGHTS OF UNPAID SELLER DELIVERY – RULES REGARDING DELIVERY SALE BY AUCTION Introduction Originally‚ the law relating to sale of goods was contained in Chapter VII of the Indian Contract
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PART 2: AGREEMENT A. Offer and acceptance Offer * Objective approach: offer must normally be interpreted in the sense in which it would reasonably be understood by an ordinary person‚ even though the offeror’s actual meaning was otherwise. * Definition: indication by one person to another of his or her willingness to enter into a contract with that person on certain terms. The ‘offer’ must indicate a willingness by the offeror to be bound without further negotiation as to the terms of
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LAW MATTHEW GROVES∗ [Judicial review of administrative action has traditionally had a procedural focus. This means that courts examine the procedure by which a decision is made‚ rather than the decision itself. A denial of natural justice is no exception to review — a person dissatisfied with an administrative decision has long been able to complain about the fairness of the decision-making process but not the fairness of the decision itself. English law has recently developed a doctrine of ‘substantive
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like an easement by estoppel‚ affirmative easement or easement in gross. First of all we will start by defining an easement. An easement is the right to use another’s land but not possess it to the exclusion of the world. It is Nonposessory but can run on in perpetuity/ without end. * Suggestion points; If we interpret it as an easement by estoppell meaning that Stuart merely obtained a license that he detrimentally relied on hence making it an easement by estoppels‚ Stuart might have a
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Firstly it must be decided whether Shehan has bought Locke House subject to any interests with protected priority as set out in the Land Registration Act 2002 s.29 covering registered charges‚ interests protected by notice or those which override the purchaser interests. 12 When dealing with interests protected by notice Shehan as the buyer should have checked the register prior to the completion of the sale and inspected the land for any evidence of overriding interests. Should there have been
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ADMINISTRATIVE LAW ASSIGNMENT DIPLOMA IN LEGAL STUDIES PUBLIC LAW II 2010/2011 “What is the current status of the doctrine of legitimate expectations in Irish law? How do you think the doctrine will develop in the coming years”? WORD COUNT 2881: NOT INCLUDING FOOT NOTES OR BIBLIOGRAPHY PAGE COUNT 10 DEADLINE 6.00pm on the 31st March 2011 “Take nothing on its looks; take everything on evidence. There’s no better Rule.” —Charles Dickens in “Great Expectations” “unhappiness could well
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Art. 1767 - By the contract of partnership two or more persons bind themselves to contribute money‚ property‚ or industry to a common fund‚ with the intention of dividing the profits among themselves. - Two or more persons may also form a partnership for the exercise of a profession. Partnership: A partnership is a joint undertaking profit and loss A partnership is the status arising out of a contract entered into by two or more persons whereby they agree to share as common owners
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with it authority to do an act of the kind in question (usual authority) (d)By the principal adopting the act of an agent via the process of ratification when the agent acted without the authority of the principal (agency by ratification) (f)By estoppel 2. Who is an agent? An agent is a person male or female has been employed by a principal to act for him or represent him in dealings with other. He is required to act interest of the principal. The agent must follow an act in: a) A person who
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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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