Research Study on Contract Law: The equitable doctrine where brought to provide equity in cases which had a defect in consideration, at which it is unconscionable for a party to suffer the determent. The court has the power to practice judicial discretion in these circumstances, where seen there is unjust enrichment or unconscionable. However, it is mandatory for the applicant filing for equity to satisfy the conditions forming the equitable doctrine.
The predictability and certainty of these causes have lead to comprise the law, having it called “The dangerous doctrine”, as a person could preplan the events that will lead another person to be victimized by an estoppel. Rather having solid common law that sets the rules, equitable doctrine bend these rules and compromises the law.
5 a law and ethics discharge of contract, remedies and injunctionsmsstephanielord
This document provides an overview of the discharge of contracts through various methods such as performance, agreement between parties, notice, breach of contract, operation of law including frustration, and remedies for breach of contract. It defines the key methods of discharge and uses cases as examples to illustrate concepts like performance, agreement, notice, breach as repudiatory or anticipatory, and frustration. The document also discusses common law remedies for breach like damages and equitable remedies, and how damages are calculated based on expectation loss or reliance loss. It provides limitations to damages awards. Overall, the document serves as a lecture overview on the discharge of contracts and available remedies.
Rescission for breach allows an innocent party to terminate a contract when the other party is in fundamental breach. It restores the parties to their pre-contract positions. A party exercises this option by clearly communicating their decision to rescind within a reasonable time of the breach. Once rescinded, neither party needs to fulfill outstanding obligations, and benefits received under the contract must be restored. The rescission option is only available for valid contracts and when the breach goes to the core of the agreement. Malaysian courts have upheld this right while also placing restrictions like requiring unambiguous notice of the decision to rescind.
Rights of the Parties and Discharge; Remedies for Breach of ContractHelpWithAssignment.com
Business law is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.It is often considered to be a branch of civil law and deals with issues of both private law and public law.
The Law of Penalties - ANZ v Andrews and beyond Laina Chan
In https://www.youtube.com/watch?v=TVVSSbLUm0g, Ian Bailey SC and Laina Chan barristers, discuss the developments in the law of penalties since ANZ v Andrews. They also consider the approach of the Supreme Court in the UK in the first of a series of Chatz with Bailey SC and Chan in Cavendish Square Holding BV v Talai El Makdessi [2015] UKSC 67. This is the powerpoint that accompanies the chatz
This document provides an overview of the assessment of damages for breach of contract under Australian law. It discusses the general compensatory approach to damages, outlining the types of losses that can be claimed. It then examines the rule in Hadley v Baxendale, which limits damages to those arising naturally from the breach or within the parties' contemplation. The document reviews the elements of causation and remoteness under Hadley v Baxendale and discusses how to determine when a loss is too remote through an analysis of the likelihood and knowledge requirements. Finally, it analyzes recent Australian cases applying these principles.
This document provides an overview of security for performance in construction contracts, including different forms of security like bank guarantees, letters of credit, and performance bonds. It discusses key cases like Woodhall Limited v The Pipeline Authority that established the autonomy principle for bank guarantees, meaning they are payable on demand regardless of disputes between the parties. The document outlines exceptions to the autonomy principle such as fraud, statutory provisions, and express contractual exclusions. It also analyzes relevant clauses from the case Rejan Constructions Pty Ltd v Manningham Medical Centre Pty Ltd regarding when a party can have recourse to security or retention money.
‘Remoteness’ refers to the test of causation that is used to determine the loss caused by a breach of contract. It limits the ability of the plaintiff to recover damages to not too remote losses
Contract assignment may seem to be complicated this is because there is a lot case law regarding to the contract law.Standard contract terms also have an important role to play in international commerce.Contractual relationship has to be performed as duty of legal obligations and legal rights must be arise. Formality of contract performed validity and enforceability of a contract. Throughout the assignment, I realised the intention to create legal relations is the supportive rule of law the formation of a contract for example offer,acceptance and consideration. There is a need of intention to create legal relations therefore legal duty arise within the party that intended to enter a contractual relationship.
5 a law and ethics discharge of contract, remedies and injunctionsmsstephanielord
This document provides an overview of the discharge of contracts through various methods such as performance, agreement between parties, notice, breach of contract, operation of law including frustration, and remedies for breach of contract. It defines the key methods of discharge and uses cases as examples to illustrate concepts like performance, agreement, notice, breach as repudiatory or anticipatory, and frustration. The document also discusses common law remedies for breach like damages and equitable remedies, and how damages are calculated based on expectation loss or reliance loss. It provides limitations to damages awards. Overall, the document serves as a lecture overview on the discharge of contracts and available remedies.
Rescission for breach allows an innocent party to terminate a contract when the other party is in fundamental breach. It restores the parties to their pre-contract positions. A party exercises this option by clearly communicating their decision to rescind within a reasonable time of the breach. Once rescinded, neither party needs to fulfill outstanding obligations, and benefits received under the contract must be restored. The rescission option is only available for valid contracts and when the breach goes to the core of the agreement. Malaysian courts have upheld this right while also placing restrictions like requiring unambiguous notice of the decision to rescind.
Rights of the Parties and Discharge; Remedies for Breach of ContractHelpWithAssignment.com
Business law is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.It is often considered to be a branch of civil law and deals with issues of both private law and public law.
The Law of Penalties - ANZ v Andrews and beyond Laina Chan
In https://www.youtube.com/watch?v=TVVSSbLUm0g, Ian Bailey SC and Laina Chan barristers, discuss the developments in the law of penalties since ANZ v Andrews. They also consider the approach of the Supreme Court in the UK in the first of a series of Chatz with Bailey SC and Chan in Cavendish Square Holding BV v Talai El Makdessi [2015] UKSC 67. This is the powerpoint that accompanies the chatz
This document provides an overview of the assessment of damages for breach of contract under Australian law. It discusses the general compensatory approach to damages, outlining the types of losses that can be claimed. It then examines the rule in Hadley v Baxendale, which limits damages to those arising naturally from the breach or within the parties' contemplation. The document reviews the elements of causation and remoteness under Hadley v Baxendale and discusses how to determine when a loss is too remote through an analysis of the likelihood and knowledge requirements. Finally, it analyzes recent Australian cases applying these principles.
This document provides an overview of security for performance in construction contracts, including different forms of security like bank guarantees, letters of credit, and performance bonds. It discusses key cases like Woodhall Limited v The Pipeline Authority that established the autonomy principle for bank guarantees, meaning they are payable on demand regardless of disputes between the parties. The document outlines exceptions to the autonomy principle such as fraud, statutory provisions, and express contractual exclusions. It also analyzes relevant clauses from the case Rejan Constructions Pty Ltd v Manningham Medical Centre Pty Ltd regarding when a party can have recourse to security or retention money.
‘Remoteness’ refers to the test of causation that is used to determine the loss caused by a breach of contract. It limits the ability of the plaintiff to recover damages to not too remote losses
Contract assignment may seem to be complicated this is because there is a lot case law regarding to the contract law.Standard contract terms also have an important role to play in international commerce.Contractual relationship has to be performed as duty of legal obligations and legal rights must be arise. Formality of contract performed validity and enforceability of a contract. Throughout the assignment, I realised the intention to create legal relations is the supportive rule of law the formation of a contract for example offer,acceptance and consideration. There is a need of intention to create legal relations therefore legal duty arise within the party that intended to enter a contractual relationship.
This document provides an overview of key cases related to the incorporation of terms in contracts, including express and implied terms. It summarizes several important cases that establish principles for determining whether representations, statements, or notices form binding contractual obligations based on an objective analysis of the parties' intentions and reasonable expectations. The document also examines the criteria for implying terms based on custom or the nature of the contract, including that implied terms must be reasonable, equitable, necessary for business efficacy, and not contradict express terms.
Construction Law - Remedies for Breach of ContractPang Khai Shuen
The document discusses various remedies available for breach of contract, including damages, specific performance, injunction, and quantum meruit. It provides details on each remedy such as how damages are calculated and the circumstances where specific performance or an injunction may be granted. It also distinguishes quantum meruit from damages, noting that quantum meruit provides fair compensation based on fair market rates, rather than a cost plus basis. Direct and indirect losses are discussed in the context of the Hadley v Baxendale case. The circumstances where a breach discharges a contract versus where it does not are also summarized.
This is Remedies Law in the United States. This does not inlcude statutory or constitutional remedies. It is intended for law students who are currently taking this course in law school I hope you find my outlined notes useful.
Powerpoint for Legalwise Annual Property Seminar March 2016Laina Chan
This document summarizes key legal principles regarding sunset clauses in property contracts and quantification of damages. It discusses when a vendor can rescind a contract under a sunset clause, including if the subject lot is not created by the sunset date and the court finds rescission is just and equitable considering factors like contract terms, vendor conduct, and purchaser impact. It also reviews cases that establish vendors must act in good faith and not arbitrarily when rescinding. The document examines how damages may be assessed at a date other than breach when no market exists or the plaintiff is locked into the asset.
Types of terms within a contract - Contract LawPatrick Aboku
The document discusses different types of terms within a contract:
1) Conditions - essential terms whose breach allows the injured party to rescind the contract or sue for damages.
2) Warranties - terms whose breach allows the injured party to sue for damages but not rescind the contract.
3) Innominate terms - terms whose importance is unclear until breach, at which point courts examine the nature and effect of the breach to determine if it amounts to a condition or warranty.
The document also discusses implied terms, which courts may import into a contract to give it efficacy or based on custom, statute, or prior dealings between the parties. Breach of an implied term would be treated as a breach of condition
The document discusses specific performance as a remedy in contract law. It begins by explaining that specific performance is a discretionary remedy granted by courts, taking all circumstances into account. It then discusses the meaning and characteristics of specific performance, including that it is an order compelling performance of contractual obligations. The document outlines when specific performance is available, such as for unique goods or where damages are difficult to calculate. It also discusses defenses to specific performance and grounds for refusing it, such as where compensation is adequate or the contract terms are uncertain.
Breach of Contract is the one of the most important Factors in the effective implementation of the contract done between the parties.
The breaching of contract is the acts that is done against the terms and conditions of the contract that can lead to the termination of the contract.
The breaching can be done by any of the parties.
The document discusses the solicitor-client relationship and the duties solicitors owe to their clients. It covers several key topics:
1. Solicitors' duties arise from contract, tort, statute and professional rules. They owe duties of care, confidentiality and to act in their clients' best interests.
2. Solicitors have actual and ostensible authority to represent clients. Actual authority can be express or implied, while ostensible authority depends on how the client presents the solicitor's role.
3. Case law has explored the scope of solicitors' duties. While they must competently perform the work they were retained for, cases disagree on whether there is a broader "penumbral duty
The document defines and provides examples of the legal principle of quantum meruit. Quantum meruit means "as much as deserved" and allows for compensation under certain circumstances when a contract cannot be or has not been fully performed. There are three main circumstances: 1) in cases of breach of contract, the aggrieved party can claim payment for work already done; 2) when a contract is found to be unenforceable, payment can still be claimed for work already performed; 3) there is an implied agreement to pay for services or goods supplied if the benefit has been received. However, there are three limitations - no payment can be claimed if the contract was for a lump sum on completion, if the claimant was in breach of
Specific performance, can parties contract outjoseph-omwenga
Specific performance is a court order requiring a party to fulfill their contractual obligations. It is a discretionary remedy granted when monetary damages are inadequate. Certain types of contracts, such as those involving land or unique goods, are more likely to receive specific performance. Parties can generally contract out of specific performance by including damages provisions or defenses to the remedy. However, courts may scrutinize such provisions between parties with unequal bargaining power.
This document provides a summary of a lecture on insuring risk in construction projects. It discusses the various parties involved in construction projects and the risks they face, such as delays, claims, insolvency, design flaws, and more. It then outlines the various types of insurance commonly used in construction, including contractors' all risk policies, professional indemnity, and more. The document discusses several legal cases that relate to interpreting insurance contract clauses and exclusions. It examines issues like whether rectification costs are covered, how cross-liability and waiver of subrogation clauses work, and when insurance payouts might reduce damages owed.
Constructive trusts arise by operation of law when it would be unfair for a person to deny a beneficial interest in property to another. There are two main types - institutional constructive trusts, which develop through case law, and remedial constructive trusts used to allocate property interests equitably when a relationship breaks down. Constructive trusts can arise in several situations, including when there is a breach of fiduciary duty, when strangers receive trust property knowing it was transferred in breach of trust, through agreements to create secret trusts or mutual wills, and when statutes are used as an "engine of fraud." Equitable principles prevent unjust enrichment through constructive trusts.
This document provides an overview of specific relief under Indian law. It discusses key concepts like specific performance of contracts and recovery of possession of property. Specific relief refers to a form of judicial remedy where a party is compelled by a civil court to do or refrain from doing a certain act. The Specific Relief Act of 1877 governs specific relief in India and is based on principles of equity. It allows for specific performance of contracts for sale of immovable property, partial performance of contracts where part of the obligation cannot be fulfilled, and rights of purchasers against vendors with imperfect title. Certain types of contracts cannot be specifically enforced, such as those requiring continuous performance over 3 years or those with uncertain terms.
A purchaser of assets in bankruptcy must be careful to identify which specific intangible assets like contracts and agreements are important, as disclaiming successor liability may inadvertently deny valuable assets. A case found that a purchaser was not entitled to enforce non-compete or non-disclosure agreements it had not explicitly acquired, even after a later attempted assignment, because the original debtor no longer had legitimate business interests in the agreements after the sale. The lesson is for purchasers to carefully specify important intangible assets in the asset purchase agreement to ensure they are obtained.
The document discusses several key aspects of contract law:
1. The parol evidence rule, which generally prevents extrinsic evidence from varying or interpreting a written contract. There are exceptions where the written agreement was not intended as the whole contract or where evidence aids in establishing validity, implied terms, or operation of the contract.
2. Whether statements made during negotiations are representations or terms, which determines available remedies if incorrect. Intent, timing, importance, reduction to writing, and special knowledge are considered.
3. The classification of terms as conditions or warranties, where a breach of a condition allows contract repudiation but a warranty breach only allows damages. Some terms may have intermediate status depending on breach consequences
This document discusses the performance and discharge of contracts. It covers:
- Who can demand performance (promisee, joint promisees, third parties, legal representatives)
- Who must perform (promisor, promisor's agent, legal representatives, third parties, joint promisors)
- Modes of discharging a contract, including performance, agreement, impossibility, lapse of time, operation of law, breach
- Remedies for breach such as rescission, damages including ordinary, special, nominal, and liquidated damages/penalties
- Specific performance and injunctions as remedies
- Quasi-contracts as obligations created by law in absence of an agreement
This is a presentation on the terms of a contract. It covers the general concepts of terms of a contract. It is ideal for beginner to intermediate level Contract Law students
The document discusses several cases related to (A) incorporation of terms into contracts, (B) interpretation of contracts, and (C) the Unfair Contract Terms Act 1977.
Key points include: terms may be incorporated through a consistent course of dealing between parties or if standard terms are understood in a particular industry; exclusion clauses must be brought reasonably to a party's attention; and non-signatories generally cannot benefit from limitation of liability clauses within contracts.
The purpose of this report is to examine and evaluate the internal control system of Naizak under the supply chain procedures to be applied at the company. The supply chain procedure The supporting literature for an effective internal control system is the recommendations of the Committee of Sponsoring Organizations and the Statements on Auditing Standers 78 which is expressed in the literature review chapter II of this report.
The document summarizes key aspects of negligence law in Australia from the textbook "Concise Australian Commercial Law". It outlines the elements required to establish negligence - duty of care, breach of duty, causation and damages. It discusses situations where a duty of care may exist between parties, as well as defenses to negligence claims such as voluntary assumption of risk and contributory negligence. It also examines professional standards of care and vicarious liability of employers for acts of employees.
This document provides an overview of key cases related to the incorporation of terms in contracts, including express and implied terms. It summarizes several important cases that establish principles for determining whether representations, statements, or notices form binding contractual obligations based on an objective analysis of the parties' intentions and reasonable expectations. The document also examines the criteria for implying terms based on custom or the nature of the contract, including that implied terms must be reasonable, equitable, necessary for business efficacy, and not contradict express terms.
Construction Law - Remedies for Breach of ContractPang Khai Shuen
The document discusses various remedies available for breach of contract, including damages, specific performance, injunction, and quantum meruit. It provides details on each remedy such as how damages are calculated and the circumstances where specific performance or an injunction may be granted. It also distinguishes quantum meruit from damages, noting that quantum meruit provides fair compensation based on fair market rates, rather than a cost plus basis. Direct and indirect losses are discussed in the context of the Hadley v Baxendale case. The circumstances where a breach discharges a contract versus where it does not are also summarized.
This is Remedies Law in the United States. This does not inlcude statutory or constitutional remedies. It is intended for law students who are currently taking this course in law school I hope you find my outlined notes useful.
Powerpoint for Legalwise Annual Property Seminar March 2016Laina Chan
This document summarizes key legal principles regarding sunset clauses in property contracts and quantification of damages. It discusses when a vendor can rescind a contract under a sunset clause, including if the subject lot is not created by the sunset date and the court finds rescission is just and equitable considering factors like contract terms, vendor conduct, and purchaser impact. It also reviews cases that establish vendors must act in good faith and not arbitrarily when rescinding. The document examines how damages may be assessed at a date other than breach when no market exists or the plaintiff is locked into the asset.
Types of terms within a contract - Contract LawPatrick Aboku
The document discusses different types of terms within a contract:
1) Conditions - essential terms whose breach allows the injured party to rescind the contract or sue for damages.
2) Warranties - terms whose breach allows the injured party to sue for damages but not rescind the contract.
3) Innominate terms - terms whose importance is unclear until breach, at which point courts examine the nature and effect of the breach to determine if it amounts to a condition or warranty.
The document also discusses implied terms, which courts may import into a contract to give it efficacy or based on custom, statute, or prior dealings between the parties. Breach of an implied term would be treated as a breach of condition
The document discusses specific performance as a remedy in contract law. It begins by explaining that specific performance is a discretionary remedy granted by courts, taking all circumstances into account. It then discusses the meaning and characteristics of specific performance, including that it is an order compelling performance of contractual obligations. The document outlines when specific performance is available, such as for unique goods or where damages are difficult to calculate. It also discusses defenses to specific performance and grounds for refusing it, such as where compensation is adequate or the contract terms are uncertain.
Breach of Contract is the one of the most important Factors in the effective implementation of the contract done between the parties.
The breaching of contract is the acts that is done against the terms and conditions of the contract that can lead to the termination of the contract.
The breaching can be done by any of the parties.
The document discusses the solicitor-client relationship and the duties solicitors owe to their clients. It covers several key topics:
1. Solicitors' duties arise from contract, tort, statute and professional rules. They owe duties of care, confidentiality and to act in their clients' best interests.
2. Solicitors have actual and ostensible authority to represent clients. Actual authority can be express or implied, while ostensible authority depends on how the client presents the solicitor's role.
3. Case law has explored the scope of solicitors' duties. While they must competently perform the work they were retained for, cases disagree on whether there is a broader "penumbral duty
The document defines and provides examples of the legal principle of quantum meruit. Quantum meruit means "as much as deserved" and allows for compensation under certain circumstances when a contract cannot be or has not been fully performed. There are three main circumstances: 1) in cases of breach of contract, the aggrieved party can claim payment for work already done; 2) when a contract is found to be unenforceable, payment can still be claimed for work already performed; 3) there is an implied agreement to pay for services or goods supplied if the benefit has been received. However, there are three limitations - no payment can be claimed if the contract was for a lump sum on completion, if the claimant was in breach of
Specific performance, can parties contract outjoseph-omwenga
Specific performance is a court order requiring a party to fulfill their contractual obligations. It is a discretionary remedy granted when monetary damages are inadequate. Certain types of contracts, such as those involving land or unique goods, are more likely to receive specific performance. Parties can generally contract out of specific performance by including damages provisions or defenses to the remedy. However, courts may scrutinize such provisions between parties with unequal bargaining power.
This document provides a summary of a lecture on insuring risk in construction projects. It discusses the various parties involved in construction projects and the risks they face, such as delays, claims, insolvency, design flaws, and more. It then outlines the various types of insurance commonly used in construction, including contractors' all risk policies, professional indemnity, and more. The document discusses several legal cases that relate to interpreting insurance contract clauses and exclusions. It examines issues like whether rectification costs are covered, how cross-liability and waiver of subrogation clauses work, and when insurance payouts might reduce damages owed.
Constructive trusts arise by operation of law when it would be unfair for a person to deny a beneficial interest in property to another. There are two main types - institutional constructive trusts, which develop through case law, and remedial constructive trusts used to allocate property interests equitably when a relationship breaks down. Constructive trusts can arise in several situations, including when there is a breach of fiduciary duty, when strangers receive trust property knowing it was transferred in breach of trust, through agreements to create secret trusts or mutual wills, and when statutes are used as an "engine of fraud." Equitable principles prevent unjust enrichment through constructive trusts.
This document provides an overview of specific relief under Indian law. It discusses key concepts like specific performance of contracts and recovery of possession of property. Specific relief refers to a form of judicial remedy where a party is compelled by a civil court to do or refrain from doing a certain act. The Specific Relief Act of 1877 governs specific relief in India and is based on principles of equity. It allows for specific performance of contracts for sale of immovable property, partial performance of contracts where part of the obligation cannot be fulfilled, and rights of purchasers against vendors with imperfect title. Certain types of contracts cannot be specifically enforced, such as those requiring continuous performance over 3 years or those with uncertain terms.
A purchaser of assets in bankruptcy must be careful to identify which specific intangible assets like contracts and agreements are important, as disclaiming successor liability may inadvertently deny valuable assets. A case found that a purchaser was not entitled to enforce non-compete or non-disclosure agreements it had not explicitly acquired, even after a later attempted assignment, because the original debtor no longer had legitimate business interests in the agreements after the sale. The lesson is for purchasers to carefully specify important intangible assets in the asset purchase agreement to ensure they are obtained.
The document discusses several key aspects of contract law:
1. The parol evidence rule, which generally prevents extrinsic evidence from varying or interpreting a written contract. There are exceptions where the written agreement was not intended as the whole contract or where evidence aids in establishing validity, implied terms, or operation of the contract.
2. Whether statements made during negotiations are representations or terms, which determines available remedies if incorrect. Intent, timing, importance, reduction to writing, and special knowledge are considered.
3. The classification of terms as conditions or warranties, where a breach of a condition allows contract repudiation but a warranty breach only allows damages. Some terms may have intermediate status depending on breach consequences
This document discusses the performance and discharge of contracts. It covers:
- Who can demand performance (promisee, joint promisees, third parties, legal representatives)
- Who must perform (promisor, promisor's agent, legal representatives, third parties, joint promisors)
- Modes of discharging a contract, including performance, agreement, impossibility, lapse of time, operation of law, breach
- Remedies for breach such as rescission, damages including ordinary, special, nominal, and liquidated damages/penalties
- Specific performance and injunctions as remedies
- Quasi-contracts as obligations created by law in absence of an agreement
This is a presentation on the terms of a contract. It covers the general concepts of terms of a contract. It is ideal for beginner to intermediate level Contract Law students
The document discusses several cases related to (A) incorporation of terms into contracts, (B) interpretation of contracts, and (C) the Unfair Contract Terms Act 1977.
Key points include: terms may be incorporated through a consistent course of dealing between parties or if standard terms are understood in a particular industry; exclusion clauses must be brought reasonably to a party's attention; and non-signatories generally cannot benefit from limitation of liability clauses within contracts.
The purpose of this report is to examine and evaluate the internal control system of Naizak under the supply chain procedures to be applied at the company. The supply chain procedure The supporting literature for an effective internal control system is the recommendations of the Committee of Sponsoring Organizations and the Statements on Auditing Standers 78 which is expressed in the literature review chapter II of this report.
The document summarizes key aspects of negligence law in Australia from the textbook "Concise Australian Commercial Law". It outlines the elements required to establish negligence - duty of care, breach of duty, causation and damages. It discusses situations where a duty of care may exist between parties, as well as defenses to negligence claims such as voluntary assumption of risk and contributory negligence. It also examines professional standards of care and vicarious liability of employers for acts of employees.
This document provides an analysis of BHP Billiton, including:
1. An analysis of BHP Billiton's strategy, profit drivers, and risks.
2. An examination of the mining industry using Porter's Five Forces, including rivalry among competitors.
3. An in-depth accounting analysis identifying key policies, flexibility, disclosure quality, and red flags.
4. Financial analyses including ratios, cash flow statements, and forecasts.
The document conducts a thorough study of BHP Billiton to understand its business strategy and performance.
There аrе оссаѕіоnѕ when уоu mау nееd tо ѕhір your car internationally. Yоu wіll not оnlу nееd tо find a reputable shipping соmраnу, but аlѕо рrераrе your vеhісlе for bеіng mоvеd оvеrѕеаѕ. Yоu can´t just lеаvе іt аѕ is, since this соuld саuѕе рrоblеmѕ іn trаnѕіt. So here are a few tірѕ tо hеlр уоu to smoothly and safely ship your car іntеrnаtіоnаllу.
Clеаn your саr. Getting аll the junk оut of іt and removing аnу vаluаblеѕ is bеѕt. Thіѕ еnѕurеѕ thаt your car саn be transported ѕаfеlу, without fеаr оf ѕоmеthіng ѕlіdіng аrоund іnѕіdе аnd роѕѕіblу causing damage.
Upward is dedicated to serving severely disabled and/or medically fragile children and their families. At Upward, we make skills development, learning and therapy fun. We are bringing hope and joy to the children we support and helping them achieve their highest potential.
Challenges in Heavy Manufacturing Part III: Fatigue PerformanceEWI
For fabricators of welded structures that are subjected to cyclic loading, fatigue life analysis is critical—a significant percentage of engineering failures are
due to fatigue.
This document discusses the differences between using many/much and few/a few or little/a little. It states that many and a few are used with countable nouns to talk about large or small quantities that can be counted, while much and little are used with uncountable nouns to talk about amounts that cannot be counted. Examples are provided to illustrate these differences.
This document provides information on various product lines from Environmental Street Furniture (ESF) for enhancing visitor experiences at attractions. It summarizes ESF's Style Collection, which includes furniture made from fibreglass, resin, and recycled materials with themes like pirates, animals and mushrooms. It also lists ESF's experience with projects at various visitor attractions.
An employer discusses the benefits of using group travel incentives to reward and motivate employees. Such incentives boost morale, foster competitiveness, and build loyalty among employees in a memorable way. Employees enjoy bonding with senior management and experiencing destinations they otherwise would not be able to visit. After the trip, employees are excited and motivated to work hard to qualify for future incentives. Despite economic challenges, the employer has found the travel incentives to produce a strong return on investment through increased productivity and employee retention.
Car idling emits more pollutants into the atmosphere than when a vehicle is traveling at highway speeds. Idling vehicles release harmful pollutants such as nitrogen oxide, carbon monoxide, and particulate matter that can cause health issues. These emissions contribute to global warming and increased fuel consumption is bad for both the environment and personal finances. Some ways to reduce idling include turning off your engine when safe to do so, using drive-thrus less, and considering a hybrid vehicle which stops the gasoline engine at red lights. Collectively reducing car idling through individual actions can benefit both the environment and health.
Universidad La Catolica Los Valores Estudiante: Hjalmar Romero H.hromeror
This short document promotes the creation of presentations using Haiku Deck, an online presentation tool. It includes two sample stock photos and text encouraging the reader to get started making their own Haiku Deck presentation. The document aims to inspire users to try Haiku Deck's presentation features.
Judicare is a leading legal services company that helps clients with overseas property investments and disputes. They assisted a client recover funds from a property purchase in Cape Verde that was misrepresented. Judicare guides clients through the legal process when problems arise abroad and recovering money is difficult. They also provide advice on properly purchasing property overseas and handling foreign legal issues like wills, taxes, and inheritances. The document discusses Judicare's services, costs, and client testimonials about recovering money on mishandled overseas property deals with Judicare's help.
As all drivers know, a DWI is not only dangerous and often fatal it is also illegal in the United States. To combat this, officers will stop drivers suspected of DWI. The suspected driver then has to undergo a series of tests to determine if they are indeed intoxicated.
This document discusses challenges in heavy manufacturing, specifically predicting and controlling weld distortion. It outlines the consequences of weld distortion such as additional fitting costs, increased weld time, and compromised structural integrity. It then describes various types of distortion and explains that mitigating distortion can be expensive and time-consuming. Methods for predicting distortion include thermal elastic-plastic finite element analysis, inherent strain methods, and plasticity-based analysis. Software tools like WeldFEA, Q-Weld, and WeldPredictor can evaluate fixture issues, select welding parameters, optimize sequences, and determine pre-bending needs. The document provides an example of savings from controlling buckling during shipbuilding.
The fast pace of technological advancement coupled with increasing consumer and regulatory demands is placing manufacturers under more pressure than ever to design and develop innovative products. Across every industry, companies are striving to make products that are lighter, stronger, energy efficient, and more reliable to stay competitive and meet the needs of an evolving market.
Expectations for design-to-deliver times can be up to half of what they were just ten to fifteen years ago. As a result, manufacturers are forced to compress their design and development processes. This has accelerated the pace at which technology must advance to allow manufacturers to streamline their processes and meet these challenging expectations. Further, to meet consumer demand for ongoing and rapid innovation, companies are exploring alternative design processes, new development models, and advanced manufacturing techniques.
BoyarMiller – The Before, During, and After of Non-Compete AgreementsBoyarMiller
This document summarizes considerations for drafting, enforcing, and defending against non-compete agreements. It discusses effective provisions to include, such as requiring employees to confirm they are not bound by other non-competes, and provisions for returning confidential information. It also notes issues to avoid, like contractual venue clauses and liquidated damages provisions that could undermine requests for injunctive relief. Additionally, it provides examples of letters to new hires about non-compete obligations and of orders that lacked necessary specificity in defining restricted activities.
The document discusses the doctrine of promissory estoppel, which provides a remedy for promises that fail the test of enforceability under traditional contract law due to a lack of consideration. Promissory estoppel binds a gratuitous promise if the promisor reasonably expected the promise to induce reliance, reliance occurred, and injustice can only be avoided by enforcing the promise. The document traces the evolution of promissory estoppel from its roots in equitable estoppel and examines how courts have applied it in various contexts, including donative promises, reliance on offers, indefinite agreements, and preliminary negotiations. It notes that remedies under promissory estoppel are more flexible than contract remedies and can be limited to reliance damages.
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Consideration is something of legal value given in exchange for a promise. It must benefit the promisor or detriment the promisee, and be bargained for. Courts generally do not question the fairness of consideration if legally sufficient. Consideration is lacking for preexisting duties unless exceptions apply, or past consideration because there is no bargain. Uncertain performance like illusory promises may lack consideration. Settling liquidated debts requires the party give up the legal right to contest the amount, while settling unliquidated debts provides consideration. Promises can also be enforced through detrimental reliance or promissory estoppel.
Show Me My Money (Reisenfeld & Company v. The Network Group Inc..docxedmondpburgess27164
Show Me My Money (Reisenfeld & Company v. The Network Group Inc., p. 313)
Why does the court see this case as involving a quasi-contract as opposed to an actual contract? What other case law does the court rely on in finding precedent/support for compensating Reisenfeld? Does this decision appear to follow the golden rule guideline set forth in Chapter 2 (pp. 27 and 28)? Describe another example of an implied-in-fact or quasi-contract that you have experienced or is mentioned in the text.
Note: please read all the information correctly before you begin the assignment I have also copy and paste pages 27 and 28 that you would need to complete the assignment.
CASE
13-3
REISENFELD & CO. v. THE NETWORK GROUP, INC.;
BUILDERS SQUARE, INC.; KMART CORP. U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT 277 F.3d 856 U.S. App. (2002)
Network Group (“Network”) was contracted by BSI to assist in selling or subleasing closed Kmart stores in Ohio. A few years later, Network entered into a commission agreement with Reisenfeld, a real estate broker for Dick's Clothing and Sporting Goods (“Dicks”). Dicks then subleased two stores from BSI. According to executed assignment and assumption agreements signed in November of 1994, BSI was to pay a commission to Network. Network was then responsible, pursuant to the commission agreement with Reisenfeld, to pay a commission of $1 per square foot to Reisenfeld. There was no direct agreement made between BSI and Reisenfeld.
During this time, Network's sole shareholder was defrauding BSI. This shareholder was convicted of several criminal charges stemming from his fraudulent acts. Network was ordered by the district court to disgorge any commissions received from BSI, and BSI was relieved of any duty to pay additional commissions to Network. As such, Reisenfeld never received his commission related to the Dicks sublease.
Reisenfeld sued in state court for the $160,320 in commissions he had not been paid. In addition to suing Network, Reisenfeld also named BSI as a defendant. The suit alleged, among other things, that based on a theory of quasi-contracts, BSI was jointly and severally liable for the commission.
JUDGE BOOGS: . . .
A contract implied-in-law, or “quasi-contract,” is not a true contract, but instead a liability imposed by courts in order to prevent unjust enrichment. … Under Ohio law, there are three elements for a quasi-contract claim. There must be: (1) a benefit conferred by the plaintiff upon the defendant; (2) knowledge by the defendant of the benefit; and (3) retention of the benefit by the defendant under circumstances where it would be unjust to do so without payment. …
There is no disagreement as to the first two requirements. It is clear that Reisenfeld's work as broker benefited BSI and that BSI was aware of the work Reisenfeld was doing. The disagreement rests on the third requirement—whether it would be unjust for BSI to retain the benefit it received without paying Reisenfeld for it. … U.
The document summarizes key aspects of Indian contract law, including definitions of a contract, essential elements of a valid contract, consent and its types, indemnity and guarantee contracts, discharge of a contract, remedies for breach of contract, and agency relationships. It provides case studies on offer and acceptance, mental incapacity, and types of discharge. In 3 sentences: The document outlines the fundamental principles of contract law in India, examines essential elements of a valid contract and how contracts are formed, and explores various types of contracts including indemnity, guarantee, and agency as well as discharge of contracts and remedies for breach.
A claim for quantum meruit seeks payment for work where the price was not agreed upon. It can be based in contract or restitution. For a contract-based claim, terms of payment will be implied if the contract is silent on price or expressly agrees to reasonable payment. A restitution claim seeks payment to prevent unjust enrichment. A quantum meruit claim will not succeed if a contract governs the situation. A letter of intent or agreement without a price may not create a binding contract if essential terms are missing or the intent to contract is unclear. Carrying out work alone does not create a contract.
This document contains an assignment for a subject on legal aspects of business. It includes 6 questions related to performance of contracts, rights of surety, termination of bailment, performance of sale of goods contracts, anti-competitive agreements, and types of company meetings. For each question, it provides explanations and answers in paragraphs of varying lengths. The questions cover topics such as definitions related to contract performance, rights of sureties against creditors, principal debtors and co-sureties, circumstances for termination of bailment, duties of buyers and sellers, factors considered for anti-competitive effects, and types of statutory, annual general, extraordinary and class meetings.
The document discusses the key aspects of contract law in India including the definition of a contract, essential elements of a valid contract, types of contracts, remedies for breach of contract, discharge of contracts, indemnity agreements, guarantees, partnership law, negotiable instruments, sale of goods act, and company law. It provides definitions, explanations, and examples related to these various legal topics under Indian contract and commercial law.
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The document provides an overview of business law and the Indian Contract Act of 1872. It defines what a contract is and lists the essential elements of a valid contract, including offer and acceptance, lawful consideration, capacity and consent of parties, lawful object, and certainty. It also discusses classification of contracts, modes of revocation of an offer, remedies for breach of contract such as damages and specific performance, and ways a contract can be discharged including performance, agreement of parties, and breach.
Contracts are a part of our everyday life, arising in collaboration, trust, promise and credit.
How are contracts formed? What makes a contract enforceable? What happens when one party breaks a promise?
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2. Table Contents
Introduction ............................................................................................................................................3
1.0 Critical Analysis ...........................................................................................................................4
1.1 Contract enforcement in the absence of consideration.........................................................4
1.1.1 The Equitable Estoppel: ..................................................................................................4
1.1.2 Voidable Considerations .................................................................................................5
1.1.3 Bankruptcy......................................................................................................................5
2.2 Judicial Discretion in Equity ..........................................................................................................6
2.3 Certainty & predictability in law .............................................................................................7
Conclusion...............................................................................................................................................8
Bibliography ............................................................................................................................................9
Page 2 of 9
3. Introduction
A contract is either a simple or formal contract at which it is a legal arrangement between at
least two parties to form an agreement where privileges and responsibilities between the two
parties are enforceable at court.
For a contract to have the formal form or under seal must be all in writing, signed, sealed,
and delivered to be in act. While simple form, the agreement must be made verbally, or
written whether partially or entirely, and most importantly, regardless of the form it must
establish consideration.
In common law, for a contract to be valid at court; there must be an offer and both parties
should have acceptance to engage to create a contract. A contract should have a promise and
a return on that promise in the form of consideration, as described earlier. Both parties must
show legal capacity to engage in a contract and must have a genuine consent. The
performance of the contract should be of legal practice, for example a contract to exchange
drugs for money is not an enforceable contract since the illegality of the practice.
The research study focuses on consideration, a value in return of something, part of an
agreement. In some circumstances agreements can be enforced with the lack or with partial
consideration under the equitable doctrine. Upon selecting five cases to study the conditions
where equity can take effect and whither the court has practiced judicial discretion. Further,
the study will determine if practicing judicial discretion has caused a defect in certainty and
predictability in law.
Page 3 of 9
4. 1.0Critical Analysis
1.1 Contract enforcement in the absence of consideration
In general, agreements which are not under seal are not enforceable at common law and by
statue, if they lack consideration. However, in equity and in some circumstances these
agreements or promises can be enforceable. The report will focus on three circumstances at
which a simple contract or promise can be enforceable.
1.1.1 The Equitable Estoppel:
The doctrine of equitable estoppel is the most common in legal cases. It was recognized in
the High Case [1947]1
, which discontinues one party engaged in an unenforceable contract
with another party from breaking that engagement and to honour that contract or promise.
Even with the lack of consideration, the contract will be enforceable if it is unfair, unjust, or
have caused one party to suffer some damage or loss.
For an estoppel to be in act the case must establish all the below conditions, (Turner, 2012):
1- A legal engagement must be in existence.
2- A promise has been made by a party.
3- The other party have relayed on that promise.
4- The person relaying on that promise have experience damage, or a detriment.
5- It would be unconscionable for the party who made the promise and broke it, and
which have directly or indirectly cause the damage to the other party.
If the court found at least one of the above conditions not being met the estoppel will not be
acted, for example, in the Smith Crane Construction Limited v Hall2
, Mr. Hall a civil
engineer, the defendant, and Smith construction the plaintiff. Mr. Hall received an offer from
SCC with a trail period clause. He accepted and signed the offer and mail it back, but didn’t
sign the [individual employment agreement]. Later on, he was dismissed from his job. Mr.
Hall claimed that he wasn’t advised about his performance and that he should improve,
instead he was dismissed. Due to the fact that Mr. Hall have traveled from the UK for this
job, he established a remedy for the damages [8] and that a 90 day trail clause is not valid
since he was a pervious employee at SCC. The plaintiff, SCC challenges that there is a
binding 90 day trail on the grounds of an estoppel [9] as he has accepted the offer with the 90
day trail clause, thus he must be estopped of the denial. The cause ended in favor of the
defendant on the grounds established that Mr. Hall did not make believe in such the company
would rely on the contract, also the judge have not concluded that it would be
unconscionable for Mr. Hall to have to deny the 90 days trial just by approving the contract
[65-67].
There are three types of Estoppels, equitable estoppel, promissory estoppel, and the
proprietary estoppel. The equitable estoppel is a representation of a future action in reliance
1
Concise Australian commercial law, Turner, Clive, Second edition, 2012.
2
Smith Crane Construction Limited v Hall [2015] NZEmpC 82 (4 June 2015)
Page 4 of 9
5. on a promise made. The promissory estoppel is when the promissor had made the other party
to believe that the rights or obligation of a contract won’t be enforced. Whereas, the
proprietary estoppel is related to properties at which a promissor makes believe to the
relaying party that they will have interest in the property. The Smith Crane Construction
Limited v Hall cause the plaintiff has used the equitable estoppel principles to relay on that
Mr. Hall have agreed on the terms of the 90 days trail, however, it wasn’t seen by the judge
that it would be unconscionable for Mr. Hall to deny because he was a previous employee at
the company.
The Character Design Pty Ltd v Kohlen3
case states that there were a partial consideration as
to the work completed, and it applies to a Promissory estoppel as to the section of the cause
[5] “That is to say an oral contract which is diametrically opposed to the terms of a written
contract and cannot be enforced”4 where the defendant made the plaintiff believe the terms of
the oral part of the contract will not be enforced. The Judge has rolled to conclude the claim
of a promissory estoppel [17] as to the five general conditions of an estoppel which the
plaintiff has established to the court.
The proprietary estoppel was brought to provide equity in relation to property conflicts, the
Stephens v Kwai [2014]5
provide a rich example of lack of consideration make on a promise
related to properties and ownership. The plaintiff Mr. Stephen declares the ownership of the
properties of his deceased mother (Sylvia). However, Mr. Stephen’s half sister is entitled to
inherit the properties as to her mother’s last Will. Mr. Stephen has established to the court
that he have entered in to an agreement with the deceased as he would pay off the mortgages
pending on the properties and that the deceased will have him entitled of the properties. Later
on and after her death, he found that her Will have been changed to benefit his half sister
solely. Mr. Hall claims the properties on the bases of promise made and on the bases of
proprietary principles of an estoppel. The court have ruled in favor of the plaintiff to have full
control of the properties, [13] after Mr. Hall have provided material evidence supporting his
claim.
1.1.2 Voidable Considerations
A promise leading for consideration can be voided for different circumstances, such as legal
capacity. For example, minor promises to pay an amount in return for a bike, the minor can
avoid payment and not honor this contract by claiming illegal capacity. The consideration
didn’t take place at this incident as to this scenario, however, the promise becomes binding if
he/she renews the promise as they reach the legal age.
1.1.3 Bankruptcy
Contracts without consideration and by statue in bankruptcy can be enforced under the
following circumstances. After filing for bankruptcy and being exempted from liabilities and
obligations, promise is made to repay the liabilities and obligations, called filing for
reaffirmation. In this cause it is binding as to the change in circumstances at which there was
3
Character Design Pty Ltd v Kohlen [WASC] 112 (9 April 2013)
4
Character Design Pty Ltd v Kohlen [WASC] 112 (9 April 2013) Par[5]
5
Stephens v Kwai [2014] FJHC 94; HBC264.2012 (26 February 2014)
Page 5 of 9
6. no legal enforcement of consideration, however, when a person files for reaffirmation the
promise is binding. Lee v Mavaddat 6
is a classical scenario at which both the plaintiff and
defendant have entered in to a joint contract (agreement) at which they both were registered
proprietors. The contract is to have 50% shares for each of the parties sharing the same risk as
they have taken a loan from a bank. Later, the defendant files for bankruptcy because of a car
accident which have lead to his bankruptcy along with his weak knowledge of operating a
business. After solvency of the partnership agreement and the assets in relation to that
agreement the defended have taken money out off the partnership in reference of what he
have called and in his defense “The Caco’s Agreement” [487] as to the restaurant where they
used to meet and have discussions which he took notes of the reaffirmation of their solvency
between them which redistributes the benefits or losses between them on the bases of past
consideration. Later on the plaintiff claims an equitable compensation for which the
defendant has received by the liquidator at her expense, which the judge has rolled in favor of
the plaintiff, as to the proceedings and evidence, [Liberty to Apply-25].
2.2 Judicial Discretion in Equity
The court has the discretion to exercise remedies for a party who have suffered damage from
relaying on a promise. However, the court would not necessarily enforce the promise; it may
decide what it can do to relieve the suffered party from its determent.
In the cases searched in this report the court has exercised the discretion over the equitable
doctrine in unfair contracts with the lack of consideration, with past consideration, or partial
consideration. However, the court has dismissed equitable claims when there is a defect in
one of the conditions forming the discretion for equity. For example, in the Smith Crane
Construction Limited v Hall the plaintiff could not establish the unconscionable part of the
estoppel and thus the plaintive claim was dismissed, where the defendant received a remedy
for damages.
As a general rule when it is unconscionable for a party to suffer from a breach in an
agreement that he have relied on, discretion can take please to compensate a remedy. This is
supported in a journal article (Conscience, discretion and the creation of property rights,
2006) “In these limited circumstances, once unconscionability is found; the courts should
have a discretion as to the remedy, modeled on that developed in the context of proprietary
estoppel.”7
.
Furthermore, when unconscionability cannot be foreseen as a justification or off relevance to
the case to determine an intervention for a judicial discretion unjust enrichment can be used
as an equal measure of unconscionability. This was found in the Australia and New Zealand
Banking Group Ltd v Westpac Banking Corporation.8
.
6
Lee v Mavaddat [2005] WASC 68 (29 April 2005)
7
Hopkins, N 2006, Conscience, discretion and the creation of property rights, Legal Studies, [1].
8
Hopkins, N 2006, Conscience, discretion and the creation of property rights, Legal Studies, [3].
Page 6 of 9
7. The discretion can be a matter of choice to be practiced by the judge during a dispute
between the conflicted parties, or may be of a necessity to build future rules, and as a role
when equity clashes with common law, equity prevails. In the same time we have witnessed a
cause as of bankruptcy which is by statue a promise can be enforced.
2.3 Certainty & predictability in law
“A Dangerous Doctrine” as described in a journal article, (The cause against using concerted-
misconduct estoppel to compel arbitration9
), publish in Alabama/USA in 2009. The journal
discusses that many disputes have overwhelmed the use the equitable doctrine of estoppels to
generate benefits or/and cause damage to the other party. The journal describes the misuse as
preplanning for an estoppel and leading the defendant to a trap by conspiracy.
This might be the case in the Stephens v Kwai as darning the trail the defendant have said
there were legal documents stolen from his office, thus for him to back his claim he doesn’t
hold physical evidence supporting his claim. We can learn that it is merely difficult to predict
justice and equity when there is ambiguity and perhaps week tangible evidence to conclude
judgment.
Moreover, if we take unconscionability as an example, we cannot measure feelings or
whether it is conscionable for a company to pay remedies for a person who have agreed to the
terms of the contract, or not. This may vary from one judge to another depending on what
they perceive whom is the victim. In other cases as we have mentioned, if the conditions and
evidence are clear the rolling is almost predictable, thus people can preplan the events which
leads for an estoppel. The gap between having solid common law that sets the rules, equity
bends these rules and allow for common law to be bent.
9
Driskill, C 2009, A Dangerous Doctrine: The Case Against Using Concerted-Misconduct
Estoppel to Compel Arbitration, Alabama Law Review, [60], p. [443]
Page 7 of 9
8. Conclusion
The report has discussed two types of contracts, simple and formal. The study concentrated
on simple contracts with the lack consideration, past consideration, or partial consideration.
The most common circumstances at which an agreement without the previous can be
enforced are the doctrine of the equitable estoppel, when a person makes the victim party
depend on a promise at which suffers damage or losses for the breach of the promise. There
are also when someone renews his/her agreement from a previous agreement that
consideration didn’t take place at which after renewal becomes binding. By statue filing for
bankruptcy protects the person from meeting her/her obligations or liabilities and thus having
no consideration. However, just like the previous case and just by renewing the promise or by
reaffirmation the promise becomes binding.
The equitable doctrine where brought to provide equity in cases which had a defect in
consideration, at which it is unconscionable for a party to suffer the determent. The court has
the power to practice judicial discretion in these circumstances, where seen there is unjust
enrichment or unconscionable. However, it is mandatory for the applicant filing for equity to
satisfy the conditions forming the equitable doctrine.
The predictability and certainty of these causes have lead to comprise the law, having it
called “The dangerous doctrine”, as a person could preplan the events that will lead another
person to be victimized by an estoppel. Rather having solid common law that sets the rules,
equitable doctrine bend these rules and compromises the law.
Page 8 of 9
9. Bibliography
Character Design Pty Ltd v Kohlen, WASC 112 (SUPREME COURT OF WESTERN AUSTRALIA APRIL 9 ,
2013). Retrieved from http://www.austlii.edu.au/cgi-
bin/sinodisp/au/cases/wa/WASC/2013/112.html?stem=0&synonyms=0&query=title(Charact
er%20Design%20Pty%20Ltd%20and%20Kohlen%20)
Conscience, discretion and the creation of property rights. (2006, December ). Legal Studies, 26 ,
475–499. Retrieved from
http://eds.a.ebscohost.com.ezproxy.uow.edu.au/eds/detail/detail?sid=ed21fc74-8345-
4432-8a4d-
724a32f4bb17%40sessionmgr4002&crlhashurl=login.aspx%253fdirect%253dtrue%2526db%
253dedb%2526AN%253d22952795%2526site%253deds-
live&hid=4108&vid=0&bdata=JnNpdGU9ZWRzL
Driskill. (2009). A Dangerous Doctrine. The Case Against Using Concerted-Misconduct Estoppel to
Compel Arbitration, 443. Retrieved from
http://ezproxy.uow.edu.au/login?url=http://search.ebscohost.com/login.aspx?direct=true&
db=edslex&AN=edslex4988339C&site=eds-live
Lee v Mavaddat, WASC 68 (Supreme Court of Western Australia April 29, 2005). Retrieved from
http://www.austlii.edu.au/cgi-
bin/sinodisp/au/cases/wa/WASC/2005/68.html?stem=0&synonyms=0&query=title(Lee%20a
nd%20Mavaddat%20)
Smith Crane Construction Limited v Hall, NZEmpC 82, EMPC 263/2014 (IN THE EMPLOYMENT COURT
CHRISTCHURCH JUNE 4, 2015). Retrieved from
http://www.justice.govt.nz/courts/employment-court/documents/2015-judgments/2015-
nzempc-82-smith-crane-construction-v-hall-judgment-of-judge-b-a-corkill-4-june-2015
Stephens v Kwai [2014], HBC264.2012 (FJHC 94 February 26, 2014).
The Law, Sales, and Marketing. (2012). Andy Schmitz. Retrieved from
http://2012books.lardbucket.org/books/the-law-sales-and-marketing/index.html
Turner, C. (2012). Concise Australian commercial law. Oxford University Press Australia.
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