intention of the parties when some error or mistake has been committed. 1 It is predicated on the equitable maxim that equity treats as done that which ought to be done. 2 Therationale of the doctrine is that it would be unjust and unequitable to allow the enforcement of a written instrument which does not reflect or disclose the real meeting of the minds of the parties. 3 However‚ an action for reformation must be brought within the period prescribed by law‚ otherwise‚ it will be barred by the mere
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Assignement 1 contracts Sayres v. Wheatland Group‚ L.L.C.‚ 79 Va. Cir. 504 (Va. Cir. Ct. 2009) CASE SUMMARYPROCEDURAL POSTURE: Plaintiff filed suit against defendants alleging that the contract for the construction and sale of a home that was at issue in this case was void‚ invalid‚ and unenforceable. Plaintiff also alleged that he was entitled to rescission and cancellation of the same contract. Defendants filed a counterclaim for specific performance of the contract of sale. Plaintiff moved
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terminate the contract. In relation to this case‚ the offer and acceptance‚ thus the making of agreement‚ has been established. Offer‚ is when an offeror offers anything to the offeree‚ then the offeree makes an agreement through acceptance‚ which then forms and agreement‚ thus where the offer and acceptance is being applied. In light to this question‚ it will be tackled on how David will deal with these offerees and their respective parties‚ which will be discussed mainly on how the contract is made
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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 law to which he is subject
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Electronic contracts & the Indian law This document is an extract from the book Ecommerce - Legal Issues authored by Rohas Nagpal. This book is available as courseware for the Diploma in Cyber Law and PG Program in Cyber Law conducted by Asian School of Cyber Laws www.asianlaws.org Ecommerce - Legal Issues 4. Electronic Contracts Contracts have become so common in daily life that most of the time we do not even realize that we have entered
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Labor Contract Law of PRC (English version) The Labor Contract Law of the People’s Republic of China was adopted at the 28th Session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China on June 29‚ 2007 and is hereby promulgated and effective as of January 1‚ 2008. President of the People’s Republic of China: Hu Jin-tao Labor Contract Law of the People’s Republic of China (adopted at the 28th Session of the Standing Committee of the 10th National
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Law of Contract II Semester 2‚ 2011 Word Count: 1932 A party’s right to terminate a contract arises from a particular type of breach of contract by another party. The facts of the breach and the nature of the term breached in each case inform the party with whose contract has been terminated‚ as to whether it is lawful or not. Common law rights to terminate arise in one or more of the following three ways: * Any breach of a condition of the contract; * A serious breach of an intermediate
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ASPECTS OF CONTRACT LAW 1) A contract by definition is a form of agreement that binds two or more parties who can involve in a legal relationship and will be bound to perform according to the terms and conditions that are agreed upon in the contract. 2) The essential elements of a contract are: Agreement: it is determined by the regulations of offer and acceptance. It is the most essential element and the very first one. An agreement is made when the offerer proposes his offer and the offerree
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Introduction: A contract is described as "an agreement giving rise to obligations enforced or recognised by law" (Doolan‚ 2003)‚ he continues to describe that a contract exists "when legally capable persons have reached agreement‚ or where the law considers them to have reached agreement" Doolan also illustrates that "The Law of Contract concerns itself with all contracts. Not alone does it apply to contracts worth considerable sums of money‚ but the same rules govern simple contracts‚ such as the
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Contract laws are governed by the common law and the Uniform Commercial Code. The difference is that common law usually governs transactions with real estate‚ services‚ intangible assets‚ insurance and employment while UCC governs contractual transactions of goods and tangible goods like a house. It’s very vital to understand their difference especially when dealing with contacts. ANALYSIS OF THE 3 CASES IN SUBMISSION 5-8 1. UCC laws will apply in Maria’s case‚ the laws states that a change to an
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