Check out these study notes which I found online and which I think will be very useful to you. I have made hard copies which I will give to you at the next lecture.
Introduction to Law of Contract: Definition and ClassificationPreeti Sikder
Learning Outcome:
After completing this class students will -
a) learn about the meaning of 'contract'
b) be able to identify different stages of formation of a contract
Check out these study notes which I found online and which I think will be very useful to you. I have made hard copies which I will give to you at the next lecture.
Introduction to Law of Contract: Definition and ClassificationPreeti Sikder
Learning Outcome:
After completing this class students will -
a) learn about the meaning of 'contract'
b) be able to identify different stages of formation of a contract
Agreement in Contract : Mirror image rulePreeti Sikder
Learning Outcome:
After completion of this lesson students will -
a) learn about the different interpretative perspectives under the objective principle
b) be able to identify relevant legislative provisions relating to communication of proposal under the Contract Act, 1872
c) learn about the Mirror Image Rule
d) be able to identify the pros and cons of the Mirror Image Rule
Learning Objectives:
Students will :
a) learn about the necessity of objective principle
b) be informed about the exceptions to the objective principle
Agreement in Contract : Mirror image rulePreeti Sikder
Learning Outcome:
After completion of this lesson students will -
a) learn about the different interpretative perspectives under the objective principle
b) be able to identify relevant legislative provisions relating to communication of proposal under the Contract Act, 1872
c) learn about the Mirror Image Rule
d) be able to identify the pros and cons of the Mirror Image Rule
Learning Objectives:
Students will :
a) learn about the necessity of objective principle
b) be informed about the exceptions to the objective principle
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?
11262014 The Legal Environment of Business, Ch. 6 - Learning.docxhyacinthshackley2629
11/26/2014 The Legal Environment of Business, Ch. 6 - Learning Activity - Week3 - LAW/421 - eCampus
https://newclassroom3.phoenix.edu/Classroom/ToolContainer.jsp?context=co&contextId=OSIRIS:44425562&activityId=96f01290-3b42-490d-be28-e6f95540138d… 1/24
Overview and Formation of Contracts
Learning Outcomes Checklist
After studying this chapter, students who have mastered the material will be able to:
Distinguish between contracts based on categories and apply the correct source of law to specific contracts.
Explain the concept of mutual assent by defining the legal requirement of agreement.
Identify and explain the other requirements for the formation of a valid contract.
List the events that terminate the power of acceptance and distinguish between termination through action of the parties versus
operation of law.
Apply the mailbox rule to resolve a question of when acceptance is effective.
Articulate the legal requirement of consideration and identify which contracts do not require consideration.
Give examples of circumstances where the legal requirements of capacity or legality are at issue.
Explain the concept of enforceability and geniune assent.
Categorize what contracts must be in writing to be enforceable and explain the minimum required terms that satisfy the law.
The law of contracts is one of the most common and important areas of the law that business owners and managers deal with on a dayto
day basis. Everyone working in a business environment will, in one form or another, deal with contracts throughout their career.
Employment contracts, leases, and agreements of sale for assets or land or merchandise are just a few examples of contracts commonly
used in business transactions. The simple act of purchasing office supplies from a local merchant is a form of agreement governed by
contract law.
Formation and legal enforcement of agreements have been recognized since ancient times. As early as 1780 BC, contracts were being
enforced by the Babylonians by virtue of the authority of the Code of Hammurabi. During much of the rule of the Roman Empire, the
Justinian Code included the rule pacta sunt servanda (agreements shall be kept). Many legal scholars, notably Dean Roscoe Pound, have
written extensively on the importance of society recognizing legally enforceable promises and providing remedies for those who suffered
losses. Consider the consequences of failing to provide for legal enforceability of a promise and its impact on the very fabric of civilized
societies.
Since business owners and managers are often involved in daytoday oversight of various agreements and transactions, understanding
contract law reduces risk by limiting liability through the recognition of potential legal issues, crafting an appropriate response, and
implementing a system to ensure compliance. Contract law is also essential to structuring business transactions in strategic ways to
achieve business objectives without excessive risk.
In this.
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.
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Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
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Defending Weapons Offence Charges: Role of Mississauga Criminal Defence Lawyers
Bussiness law assighnment
1. BUSSINESS LAW ASSIGHNMENT
The questionsthatarise fromthiscase are whether;LadyMrembois entitledtopayladyManyangathe
sumof 20,000 shillingshe hadborrowedfromher,(2)whetherladymanyanga isentitledto
compensationforhertime wastedandthe travellingexpenses incurredand (3) whetherladymanyanga
isentitledtosue the shopkeeperforbreachof contract.
The principlesapplicableinthe case are;the contractual capacityof an infant andtypesof contacts,
invitation totreat(sale bydisplay) underthe law of contracts,and the doctrine of promissory estoppel.
The contractual capacityof a party isits legal abilitytoenterintoacontractual relationship.Foran
agreementtiobe enforceable asacontract, the partiesmusthave had the requisite capacity.As a
general rule,everypersonhascapacityto enterinto contracts.However,inpractice,the law of
contracts restrictsor limitsthe contractual capacityof certainclassesof persons,namely;Infants or
minors,drunken persons,undischarged bankrupts,persons of unsoundmindandcorporations
Contractual capacityof an infant.Undersectiontwoof the age of majority act, an infantor minorisany
personwhohas notattainedthe age of eighteenyears(18).contactsenteredintobyaninfantare
binding,voidable andvoiddependingontheirnature andpurpose.
Voidable contacts.Certain contractsenteredintobyaninfantare voidable.Thatisto meanthat, the
infantisentitledto repudiatethe contractduringinfancy,orwithinreasonable time afterattainingthe
age of majority.By avoidingthe contract,the infantescapesliabilityonit.The infantcannotbe suedon
the contract duringinfancy. These contractsconferuponthe infanta longtermbenefits.Examples
Include:Partnershipagreements,lease ortenancyagreementandcontractfor the purchase of shares.
Under Section12 of the PartnershipAct,aninfantpartnerisnot liable fordebtsandotherliabilities of
the partnershipduringinfancysince the contractisvoidable athisoption.
HoweverunderSection13of the Act, if the infantdoesnotavoidthe contract during infancy, orwithina
reasonable time afterattainingthe age of majority,he isliable fordebts andotherobligations of the
firmfromthe date he became partner.
In Davisv. Beynon-Harriswhere aninfanthadtakenupa lease butfailedtorepudiate the contract
duringinfancyorwithinareasonable timethereafter,itwasheldthathe was liable underthe contact.
In relationtothis case,Lady Mremboa fourteenyearoldinwithoutdoubtaninfantandtherefore has
no legal obligationwhatsoevertopayback the amountborrowedfromLady Manyanga irrespectiveof
whethershe wasthe one whoconvincedladyManyangato lendherthe twentythousandshillingsto
buya fancyhandbag.
The other principal relate tothe lawof contact namely;offer,invitation totreatandacceptance
2. Invitation to treat:Thisisamere invitationbyaparty to anotheror othersto make offersor
bargains.
The invitee becomesthe offerorandthe inviterbecomesthe offered.
A positive response toaninvitationtotreatisan offer.Acceptance:Thisisthe external manifestationof
assentbythe offered
In relationtothiscase, ladywasmerelyinvitedtotreatundersale by display(the quotedprice of the
dress) andwishedtobuyit onlytofindout that itwas one hundred fiftythousand(150,000/=) instead
of one twentythousand shillings(120,000/=) .However,itisnotindicatedwhethershe communicated
acceptance therefore cannotsue onitsince acceptance isone of the essentialsof acontract.This means
that acceptance mustbe communicatedtothe off errorfor a contact to be enforceable byan offered
whofeelsaggrieved.
The third principal alsorelatestothe law of contact
A contract may be definedasalegallybindingagreementmade by2 or more parties.Ithas also been
defined asapromise or setof promisesabreach of whichthe law providesaremedyandthe
performance of whichthe lawrecognizesasanobligation.
The most importantcharacteristicof a contract isthat it isenforceable.The genesisof acontract
isan agreementbetweenthe partieshenceacontract isan enforceable agreement. However, whereas
all contracts are agreements,all agreementsare notcontracts.
Misrepresentation:Thisisa false representation.Itisafalse statementmade bya partyto induce
anotherto entera contractual relationship.Thisdoctrine wasdevelopedbyequity tomitigate the
harshnessof the commonlawrule of consideration.
.It isan equitable interventionwhichmodifiesthe rule of consideration.
The Doctrine was explainedbyLordDenningin Combev.Combe. Itisto the effectthatwhere parties
have a legal relationshipandone of themmakesanew promise orrepresentationintended toaffect
theirlegal relationsandtobe relieduponbythe other,once the otherhasrelieduponit andchanged
hislegal position,the otherpartycannotbe heardto say thattheirlegal relationshipwasdifferent.The
party isestoppedfromdenyingitspromise.
For thedoctrineof estoppelto applythefollowing conditionsarenecessary:
1. A legal relationshipbetweenthe parties.
2. A newpromise orrepresentationin intendedtobe reliedupon.
3. Reliance uponthe representation.
4. Change in legal positionasaresultof the reliance.
5. It wouldbe unfairnotto estopthe maker of the representation.
3. The Doctrine of PromissoryEstoppelisoftenreferredtoas “The Rule in the High Trees
Case.”
In CentralLondon PropertyTrustv.High Trees HouseLtd, the plaintiff ownedablockof flats whichit
leasedtothe defendantfor99 yearsat 2500 poundsper year.Afterthe outbreakof the
2nd worldwar, itbecame clearthat the defendantwasnotina positiontopay the agreedrentas most
of the flatswere unoccupied.The plaintiff promisedtoaccepthalf of the rentas longas the war
continued.
By the endof 1945, all the flatswere occupied.The plaintiffsuedforthe defendanttobe compelled to
pay:
1. The full rent.
2. The arrears. Thisdoctrine wasdevelopedbyequitytomitigate the harshnessof the commonlawrule
of consideration.Itisan equitableinterventionwhichmodifiesthe rule of consideration.
The Doctrine was explainedbyLordDenningin Combev.Combe. Itisto the effectthatwhere parties
have a legal relationshipandone of themmakesanew promise orrepresentationintended toaffect
theirlegal relationsandtobe relieduponbythe other,once the otherhasrelieduponit andchanged
hislegal position,the otherpartycannotbe heardto say thattheirlegal relationship wasdifferent.The
party isestoppedfromdenyingitspromise.
For the doctrine of estoppel to applythe followingconditionsare necessary:
1. A legal relationshipbetweenthe parties.
2. A newpromise orrepresentationinintendedtobe reliedupon.
3. Reliance uponthe representation.
4. Change in legal positionasaresultof the reliance.
5. It wouldbe unfairnotto estopthe maker of the representation.
The defendantarguedthatitwas inequitable (unfair) forthe plaintiff toclaimthe arrears.Itwas held
that whereasitwasfairfor the defendanttopaythe full rent,itwas unfairtoclaimthe arrears as the
plaintiff hadmade apromise whichthe defendanthad relieduponandchangeditslegal position.
The plaintiff wasestoppedfrominsistingonthe arrears.
Thedoctrineof equitableestoppelappliesin EastAfrica
In Century Automobilev.HutchingsBiemer Ltd, the defendanttookalease of the plaintiff’s premises
whichwasterminable bya3 monthnotice of eitherparty.The defendantintended tomake alterations
to the buildingbutfeareddoingsoonlyforthe lease tobe terminated.The plaintiff promisednotto
terminate the lease in4years’time.
As a consequence,the defendantspent800 poundson the alterationsbut8 monthslaterthe defendant
receivedthe plaintiff’snotice of terminationbutrefusedto honoritand wassued.
4. The defendantpleadedestoppel.The plaintiff wasestoppedfromevictingthe defendantasithad made
a promise whichthe defendanthadrelieduponandchangeditslegal position.
A similarholdingwasmade in Commissionerof Landsv.Hussein.
EFFECTS OF ESTOPPEL
The Doctrine of Promissoryestoppel isamodificationof the CommonLaw rule of considerationinthatit
enablesapersonwhohas notprovidedconsiderationtoapromise to enforce itif he has relieduponit
and changedhislegal position.
It isarguedthat the principal weaknessof the Doctrine of PromissoryEstoppel isthatitis defensive and
not offensive.Itcan onlybe relieduponbythe defendantasa defense.However, the socalledDoctrine
of ProprietaryEstoppelwhichisbasedonownershipcanbe usedboth as a shieldandasa sword.Courts
howeverhave observedthatthere isnodistinctionbetween promissoryandproprietaryestoppel.
Termsof a contract
Partiesnegotiatingacontract make many statementssome of whichare intendedtobe terms while the
othersare mere representations.Whereastermsformthe contentof the contract, representationsare
mere inducementsandif false theyare referredtoasmisrepresentations andmay andmay affectthe
contract. Whetherastatementwasintendedtobe a termor representationisaquestionof factand
courts are guidedbythe followingrulesorpresumptionsinsoascertaining:
1. Time Gap: If the durationbetweenmakingthe statementandthe conclusionof the contractislong,it
ispresumedtobe a representationandif shortitisdeemedtobe a term.
2. Guarantee:If a partyto the negotiationsappearstoguarantee itsstatements,theyare presumedto
be terms.
3. Special Knowledge:If eitherof the partieshasspecial knowledgeinrelationtothe subjectmatterof
the contract, itsstatementsare presumedtobe terms.In Oscar Chess
Ltd v. Williams, Williamssolda2nd handcar to the plaintiff.The registrationbookshowed thatitwasa
1948 model while infactitwasa 1939 car. Williamshadnomeansof ascertainingthe truth.The plaintiff
suedindamagesfor the untrue statement.However itwasheldthatsince the statementwasinnocently
misrepresented,the plaintiff hadno actionindamages.
Howeverin Dick Bently ProductionsLtdv.Harold Smith motorsLtd,the plaintiff intendedto buya motor
vehicle fromthe defendantandwasinformedthatthe vehicle inquestionhadhad a replacementengine
and gearbox andhad onlydone 20,000 miles.Infact nothinghadbeen replacedandithaddone over
100,000 miles.
The plaintiff suedindamagesforthe untrue statement.Itwasheldthatthe untrue statementwas a
termof the contract as the defendantwasamotordealerandwas therefore liable indamages forthe
misrepresentation.
Terms of a contract may be:
5. 1. Expressor
2. Implied.
In relationladymanyanga’scase itisevidentthatshe feelsaggrievedandtherefore,she is seeklegal
redresssince the court will have reasontosuspectthatherboyfriend,(BwanaTamu) knew thathe was
to travel the previousnightbutstill invitedherfor“ gettogether”hence wastinghertime andmoney.
That was an expressionof the legal principalsapplicable the turnof eventsthatensuedduringLady
Manyanga’svisitto herso called“boyfriend”.