Contracts II Outline Fall 2005 Professor Jean Powers Cited to Crandall & Whaley’s Contracts‚ 4th Edition I) Damages (227) A) Introduction (227) 1) General Rule – Contract damages should put the π in as good of a position as if the contract was fulfilled. 2) No action on a contract need be present for damages to be proper. An executory contract will suffice. B) Measuring Expectation Damages (229) 1) Expectation = Expected Value + Costs – Expenses Mitigated 2) Repair Theory – Damages should
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of the contract Termination of the contract Under common law‚ a contract of employment may be terminated by: (a) Agreement with notice; (b) Death of the employer or employee; (c) Frustration; (d) Insolvency; or (e) Breach. Termination by agreement with notice The ending of a contract of employment is most often achieved without any breach of its terms. A contract can be terminated at common law by either party giving the notice required by the terms of the contract‚ or by
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THE LIMITED LIABILITY COMPANY A popular form of business‚ especially with small businesses‚ is the hybrid form of business‚ the limited liability company (LLC) or a limited liability partnership (LLP)‚ which combine the best features of a partnership and a corporation. In 1988‚ the Internal Revenue Service (IRS) ruled that the LLC may be treated as a partnership for tax purposes‚ while retaining its limited liability for its owners. Since this ruling‚ every state has passed legislation permitting
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A contract intends to formalize an agreement of two or more parties‚ in relation to a particular subject. Contracts can cover an extremely broad range of matters including the sale of goods or real property‚ the terms of employment or of an independent contractor relationship‚ the settlement of a dispute and ownership of intellectual property developed as part of work for hire. Essential Elements of a Contract * Clear certain and communicated agreement. Meaning that the parties are consensus
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1. Teddy’s Supplies’ CEO has asked you to advise him on the facts of the case and your opinion of their potential liability. Write a memo to him that states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws that apply and any precedent cases either for or against Teddy’s case that impact liability. Include your opinion of the "worst case" of damages the company may have to pay to Virginia. (Points : 30) Dear Sir‚ I believe
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CONSENSUAL RELATIONSHIP AGREEMENTS: LOVE CONTRACTS When we think of work its’ connotation leads us to think of our way of life. It’s our way to make money‚ keep a roof over our heads‚ as well as put food on the table. Over time‚ through many studies‚ it has become a known fact that America is one of the most work-oriented nations in the world. Americans have a reputation for spending more time at work than we do at home. With that in mind‚ why is finding love in the workplace considered something
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DISCHARGEMENT OF CONTRACT The law of contracts forms a substantial part of our various relationships that can have some sort of influence over us on an almost daily basis – even when there is no physical contract in front of us we may still be privy to some sort of contractual obligation. Alternatively‚ if you’re a fan of social theorists such as Jean-Jacques Rousseau‚ you may argue that we’re also bound by ‘the social contract’‚ but we digress. Getting back to our original point
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“Freedom of contract is the bedrock of English private law” Freedom of contract is defined as the: “Right of an adult to make a legally binding mutual agreement with one or more other persons‚ without governmental interference as to what type of obligations he or she can take upon himself or herself.”[1] English law has for a while now been known as believing in freedom of contract. This means that the state has not‚ normally‚ enforced legislation which has got in the way when it comes to the
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What is Contract? Discuss Essentials of Contact. According to Section 2 (h) of the Indian Contact Act‚ 1872‚ "A contract is “an agreement enforceable by law”. A contract therefore‚ is an agreement the object of which is to create a legal obligation i.e.‚ a duty enforceable by law. From the above definition‚ we find that a contract essentially consists of two elements: (1) An agreement and (2) Legal obligation i.e.‚ a duty enforceable by law. As per section 2 (e) "Every promise and every set of
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fulfilled by the lessee‚ both hereby demise and lease to the lessee‚ his heirs‚ executors‚ and administrators‚ for the period of ____________________. The following describe the land and premises‚ 2943 Audrey Drive‚ Gastonia‚ 28054. The total rent during said terms shall be $____________‚ lessee agrees to pay in ____ payments of $____________ on the first day of each month. The
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