[pic] “CONTINGENT & QUASI CONTRACTS” [pic] Contents 1. Contract. 2. Types of contract. 3. Contingent contract. • Definition. • Illustration. 4. Essentials/characteristics of contingent contract. 5. Rules regarding contingent contract. 1. Uncertain event. 2. Impossible event. 3. Performance dependent on non-happening of
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b) Loss of the thing due c) Condonation or remission of the debt d) Confusion or merger e) Compensation f) Novation In addition: g) Annulment h) Rescission i) Fulfillment of a resolutory condition j) Prescription k) Death of a party in case the obligation is personal l) Mutual desistance m) Compromise n) Impossibility of fulfillment o) Happening of fortuitous events PAYMENT or PERFORMANCE Payment or fulfillment consists in the delivery of a sum of money or
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Contract Law Introduction In the following case note I will examine the High Court case; Smart Telecom Plc. V Radio Teilefis Eireann & Glanbia Plc. [2006] IEHC 176. The essence of this case is one involving a request for tenders put forward by RTE for sponsorship and the subsequent refusal of Smart Telecom’s referential bid thereto. The questions raised were (1) whether referential bidding was a permissible term of RTE’s offer and (2) if not‚ were they were obliged to re-tender the contract
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OPTIONAL QUESTION: Advise: (A) Mr. Neft given that Mr Browne has failed to appoint him to Chief of Police. The first issue is whether the contract between John Browne and Mr. Neft was illegal by common law. At common law an illegal contract is determined based on public policy and results in the contract being unenforceable. In the case of Enderby Town FC Ltd v Football Association‚ Lord Denning referred to public policy as an ‘unruly horse’‚ due to its broad character and its subjectivity to
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PRICELINE V. MICROSOFT CASE STUDY Julie Ciarlante Briefly describe the specifics of patent ‘056 described in Exhibit 1 and the various court decisions around the State Street Bank & Trust Co. vs. Signature Financial Group Inc. The Issue of this case was to determine whether or not Signature ’s claimed invention the “056 Patent”‚ a data processing system‚ is drawn to statutory subject topic under 35 U.S.C 101. The Court ruling holds that the ’056
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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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Islamic Contract Law TYPES OF COMMITMENTS 1. Wa‘d – • • • – وunilateral promise One party binds itself to perform a function for another Does not normally create legal obligation Legal obligation is created: • • Genuine need of the masses – (ر Contingent promise ا س )رد ا ز ن ز ا إذ ا 2. Muwaa‘ada – ا ة • • • • – bilateral promise Two parties performing two unilateral promises on the same subject Use of two unilateral promises can lead to a forward contract‚ which
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of a Contract “A contract is an agreement that can be enforced in court. It is formed by two or more parties who agree to perform or to refrain from performing some act now or in the future.” (pg 208) Recently I was faced with a situation regarding a contract that was not in writing and I had to explain that as long as a verbal contract contains the four essential elements of a contract it is binding. We are so accustomed to seeing contracts in writing that many people assume that a contract must
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Douglas Edmunds ETH/321 04/06/2015 Elements of a Contract Scenario 1. Jack has to decide whether to engage an attorney. What would you advise? I would advise jack not to engage an attorney in the case. First‚ the fact that the old woman who sold the china shows signs of Alzheimer is enough to nullify the contract. A person can only get into contract if they are understand the terms and are considered to be competent. A person engaging in a contract should be able to understand all the ramifications
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two parties to make a contract. Improperly consensus is when a contract has been obtained in a manner in which in the eyes of the law is improper. This contract is regarded as voidable meaning that one of the parties who is innocent has a choice whether or not to have the contract declared void. If the innocent party chooses to uphold the contract it is entirely valid and may be enforced like any other contract. However if the party chooses to set the contract aside the contract is valid. The distinction
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