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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to go to some lengths to invent consideration eg Ward v Byham [1956] 1 WLR 496‚ Williams v Roffey Bros [1990] 2 WLR 1153) equity will‚ in some instances‚ uphold promises which are not supported by consideration through the doctrine of promissory estoppel. Rules of consideration There are various rules governing the law of consideration: 1. The consideration must not be past. 2. The consideration must be sufficient but need not be adequate. 3. The consideration
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Second Exam Review Guide Chapter 8 – Negligence (5 extra credit questions) Know the definitions of negligence and negligence per se * Negligence – conduct that falls below the standard established by law for the protection of others against unreasonably risk of harm; not intentional and usually by accident * Negligence Per Se – violation of a statute that prohibits or requires a behavior in order to prevent harm to others; both duty of care and breach Know and be able to apply the
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Question: Identify the principle Lord Denning was discussing in Bishopgate Motor Finance Corporation Limited v Transport brakes limited and clearly explain how the principle has been modified by common law and statute. AUTHOR : KATALILO JOY INTRODUCTION This paper will identify the principle Lord Denning was discussing in Bishopgate Motor Finance Corporation Limited v Transport brakes limited and clearly explain how the principle has been modified by common law and statute
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Contracts Outline I. Introduction a. What is a K?: A promise of a set of promises for the breach of which the law provides a legal remedy. § 1. b. Hawkins v. McGee – an expectation to the idea that most medical promises should be argued in malpractice suit c. Bayliner v. Crow – promise was Insufficiently specific i. General intro into what kind of promises are enforceable II. Remedies (Prelim.) a. 2 assumptions – Naval & Sullivan i. Rather than punishing
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Introduction Marshall and his wife have been introduced into a Sunday school class I am teaching. He is discovering his faith in Christ and has shared in conversation that he owns a small business that could benefit from one of my products. After striking an implied business deal with Marshall‚ our companies begin to flourish with the recent interest in the benefits of Muscadines. As business continues to flourish‚ Marshall takes it upon himself to secretly coerce my 17-year-old son into signing
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endeavour to displace it with a moral code. In order to be influential‚ the law is to be professed as both certain and predictable‚ and also flexible and fair. Specifically‚ it needs clear rules on the one hand‚ but flexibility on the other to produce exceptions to cases that lead to apparently incongruous or unjust conclusions if the rules are applied rigidly. Equity is an essence of principles‚ doctrines‚ and rules advanced initially by the Court of Chancery in positive competition with the rules‚ doctrines
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Contracts Summary DAMAGES – REMEDIES FOR BREACH OF CONTRACT THE INTERESTS PROTECTED Fuller and Perdue‚ “The Reliance Interest in Contract Damages” There are three principle purposes in awarding contract damages: restitution interest – object is the prevention of unjust enrichment by the defaulting promisor at the expense of the promisee reliance interest – object is to put the plaintiff in a good position as he was before the promise was made expectation interest – object is to put the
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Multiple Choice 1. The following are the attributes of a private corporation. What is the exception? A) It is an artificial being B) It is created by law C) It has the right of succession D) Its power attributes‚ or properties are expressly authorized by law or incident to its existence E) None of the above 2. A corporation has a personality of its own because it is legal or a juridical person. Which among the following is not a consequence of its separate personality? A) It may
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COMMERICAL LAW EXAM Agency Definition Agency may be defined as a relationship between the principal (P) and the agent (A) whereby A has the authority to create a legal relationship between P and the third party (T). The purpose of agency is that two people can enter a valid contract with one another without having to deal with each other personally. Instead‚ the contract or other transaction is brought about through A who when dealing with T acts or purports to act‚ on behalf of P. Authority
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