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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Substantial performance constitutes a minor breach of the contract. Answer: TRUE Diff: 2 Topic: Substantial Performance: Minor Breach 3) When there is substantial performance of a contract with a minor breach‚ the other nonbreaching party may sue to recover the cost to repair the defect. Answer: TRUE Diff: 1 Topic: Substantial Performance: Minor Breach 4) Specific performance is the most common remedy for a breach of contract. Answer: FALSE Diff: 1 Topic: Substantial Performance:
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2.1 Definition of Proposal/Offer Section 2(a) of the Contract Acts 1950 provides that: “when one person signifies to another his willingness to do or to abstain from doing anything‚ with a view to obtain the assent of that other to the act or abstinence‚ he is said to make a proposal”. Eg: Ali advertised in Malay Mails that he will give a reward of RM100 to anyone who finds his pet. He signified his willingness to do an act‚ which is to pay a reward‚ upon certain terms‚ with a view of obtaining
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Construction Contracts 1. Name and briefly describe each of the two basic types of competitively bid construction contracts. Which type would be most likely used for building the piers to support a large suspension bridge. Why? Two basic types of competitively bid construction contracts are lump-sum and the unit-price contract. The lump-sum contract is when the contractor agrees to complete all work for a pre-determined price including profit and the contract. The unit-price contract is when the
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Construction Contract Assignment A normal contract is an agreement with specific terms to do something in return for something and follows the procedure of offer‚ acceptance‚ consideration‚ contractual intention and form of contract. A standard building contract in essence has a lot of similarities however there are four main differences making it ‘special’. A normal sale of good contract has a visible end product‚ in construction on the other hand it’s a concept to start with; this creates a large
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TYPES OF CONTRACTS The risk shared between the buyer and seller is determined by the contract type. Although the firm-fixedprice type of contractual arrangement is typically the preferred type which is encouraged and often demanded by most organizations‚ there are times when another contract form may be in the best interests of the project. If a contract type other than fixed-price is intended‚ it is incumbent on the project team to justify its use. The type of contract to be used and the specific
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Cardillo Travel Systems‚ Inc. ACT 1 Russell Smith knew why he had been summoned to the office of A. Walter Rognlien‚ the 74-year-old chairman of the board and chief executive officer (CEO) of Smith’s employer‚ Cardillo Travel Systems‚ Inc. Just two days earlier‚ Cardillo’s in-house attorney‚ Raymond Riley‚ had requested that Smith‚ the company’s controller‚ sign an affidavit regarding the nature of a transaction Rognlien had negotiated with the United Airlines. The affidavit stated that the transaction
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is this class about‚” I thought to myself when I first registered for the Intro to Acquisition and Contract Management Class. Once I attended the class‚ I quickly realized that Government contracting is a big deal‚ because this is how the Government procures their goods and services. The U.S. federal government is the leading consumer of goods and services in the world‚ awarding Billions in contracts every year. There are rules and regulations mandated by Congress that have to be followed when procuring
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petitioners Yolanda Rosello-Bentir and the spouses Samuel and Charito Pormida. The case was docketed as Civil Case No. 92-05-88 and raffled to Judge Pedro S. Espina‚ RTC‚ Tacloban City‚ Branch 7. Respondent corporation alleged that it entered into a contract of lease of a parcel of land with petitioner Bentir for a period of twenty (20) years starting May 5‚ 1968. According to respondent corporation‚ the lease was extended for another four (4) years or until May 31‚ 1992. On May 5‚ 1989‚ petitioner Bentir
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appeals‚ dated April 6‚ 1993‚ in CA-G.R. CV No. 34767 1 are (1) whether of not the "Exclusive Option to Purchase" executed between petitioner Adelfa Properties‚ Inc. and private respondents Rosario Jimenez-Castañeda and Salud Jimenez is an option contract; and (2) whether or not there was a valid suspension of payment of the purchase price by said petitioner‚ and the legal effects thereof on the contractual relations of the parties. The records disclose the following antecedent facts which culminated
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