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 that a statement
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Illegal association - Section 11(2) of the companies act 1956 talks about illegal association which states No company‚ association or partnership consisting of more than twenty persons shall be formed for the purpose of carrying on any other business that has for its object the acquisition of gain by the company‚ association or partnership‚ or by the individual members thereof‚ unless it is registered as a company under this Act‚ or is formed in pursuance of some other Indian law. As important
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the following goods on or before May 31‚ 2012 (the “Goods”) a. 10‚000 widgets Purchase Price 2. The Purchaser will accept the Goods and pay for the Goods with the sum of fifty thousand ($50‚000) USD‚ paid as follows: a. Down payment of $5‚000 upon contract execution b. the remainder of the purchase price within 10 day of receipt of delivery of the Goods. 3. Payment of the Goods will be made to the Seller when the Purchaser has confirmed receipt of the Goods. Delivery of Goods 4. The Goods will
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Immigration in America Immigration in America‚ the concept of an illegal immigrant has sparked many controversies in America for centuries. People from all over the world have decided to make America their homes‚ but how did it start‚ why the first settlers were here at the first place‚ how was the living conditions of a certain group of immigrants compare to another group? Many unanswered questions will be discussing the history of immigration in America‚ why still today some group are priorities
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Runninghead: UNIT 3 – COMMERCIAL TRANSACTIONS (CONTRACTS) Victor McLaurin 28 February 2010 Abstract This week’s individual project will be in the form of an executive summary. The summary will be based on a series of questions concerning 1) the city of Bigtown’s advertising campaign (courtesy of the mayor)‚ 2) possible similarities of this promotion to a court decision and 3) possible repercussions that could be encountered if not executed with caution. The court decision concerning
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passed away a few days ago. Joe claims that the contract is voidable. Discuss. Answer: The issues that arise in this case are: 1) Whether there is a relationship between Johnny and Victoria? 2) Whether Victoria used her dominant position to transfer all of Johnny’s property to her? 3) Whether Joe has the right to set aside/ rescind the contract? 4) Whether this presumption can be rebutted? Every person is competent to contract who is of the age of majority according to the
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OBLIGATIONS AND CONTRACTS REVIEWER TITLE I – OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS 1156. An obligation is a juridical necessity to give‚ to do‚ or not to do. JURIDICAL NECESSITY – juridical tie; connotes that in case of noncompliance‚ there will be legal sanctions. - An obligation is nothing more than the duty of a person (obligor) to satisfy a specific demandable claim of another person (obligee) which‚ if breached‚ is enforceable in court. - A contract necessarily gives rise to an obligation
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Contract law serves as your protection in every legal agreement you make in life. Contract law makes these agreements "enforceable"‚ which usually means that it gives the party the power to compensate and obtain money damages caused by the other party due to a breach of contract. The contract itself creates an obligation or duties to do and rules to follow by both parties if either of the party fails to follow the agreement‚ remedies can be provided by law if the contract is legal and has the essential
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A Informative Speech An Informative Speech is like teaching. The purpose of an informative speech is to try to teach something to the audience. The success of your speech depends on whether the audience learns what you wanted to teach them. You need to tell the audience why the information is useful and valuable. You need to make sure that the audience understands and remembers the essential information. Some examples of an informative speech: A teacher telling students about earthquakes Someone
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Miguel Sanchez walks under the bridge every day hoping for spare change from incoming drivers. As Miguel walks to the bridge‚ he often wonders how his life could have been different if a magical place filled with books and Internet access had existed in his school days. When Miguel was seventeen-years-old‚ his parents immigrated to America. He begged his father to help him learn Spanish‚ but what money his father made from his job at his brother’s car dealership went to food and bills—not
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