The document discusses the distinction between terms and mere representations in a contract. Terms form part of the contract while representations help induce the contract but do not form part of it. Whether a statement is a term or representation depends on factors like the statement's importance, any special knowledge or skill of the person making it, the time between the statement and contract formation, and whether it was reduced to writing. Breach of a term allows repudiation of the contract while breach of a representation only allows damages.
A contractual term is “Any provision forming part of a contract”.
Each term gives rise to a contractual obligation, breach of which can give rise to litigation.
Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract.
In general, parties can only sue for enforcement of valid contractual terms as opposed to representations or mere puffs.
An exemption clause is an agreement in a contract that stipulates that a party is limited or excluded from liability.
There are three types of clauses, these are a ‘limitation clause’; this is where a party is limited from liability.
The other is an ‘exclusion clause’; this is where a party is excluded from liability.
‘Time limitation clause’ states that an action for a claim must be commenced within a certain period of time or the cause of action becomes extinguished.
A contractual term is “Any provision forming part of a contract”.
Each term gives rise to a contractual obligation, breach of which can give rise to litigation.
Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract.
In general, parties can only sue for enforcement of valid contractual terms as opposed to representations or mere puffs.
An exemption clause is an agreement in a contract that stipulates that a party is limited or excluded from liability.
There are three types of clauses, these are a ‘limitation clause’; this is where a party is limited from liability.
The other is an ‘exclusion clause’; this is where a party is excluded from liability.
‘Time limitation clause’ states that an action for a claim must be commenced within a certain period of time or the cause of action becomes extinguished.
Contract means Conditional Contract. When imposed and condition is fulfilled, the Contingent Contract becomes valid and then parties have to perform their obligations.
Learning Outcome: After completing this lesson students will be able to -
a) understand the juristic basis of doctrine of intention to create legal relations
b) differentiate between the presumptions relating to domestic agreements and commercial transactions
Dispute Resolution Boards have proven highly effective (greater than 98% success rate) in resolving disputes in segments of the construction industry and preventing claims from going to arbitration or litigation. While more successful than all other non-binding alternatives, their use has been concentrated in specific project types and limited regions. Dispute and construction professionals will benefit from exploring the principles leading to success, and the practice will benefit from broader dissemination of this exciting method.
Learning Objective:
Students will learn
a) the legal definition of contract
b) how contract is generally defined
b) the specific qualifications to which the general definition of contract is subjected to
General Principles of Offer and Invitation to TreatPreeti Sikder
Learning Objectives:
Students will -
a) learn the basics about 'offer'
b) be able to differentiate between offer and invitation to treat
c) be acquainted with precedents which led to established rules of law regarding the status of offer and invitation to treat under Common Law
Learning Outcome:
After completion of the lesson students will be able to -
a) comprehend the nature of misrepresentation in contracts
b) distinguish between representation and promise
c) describe the elements of misrepresentation
d) describe the elements of fraud
e) distinguish between misrepresentation and fraud
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
Contract means Conditional Contract. When imposed and condition is fulfilled, the Contingent Contract becomes valid and then parties have to perform their obligations.
Learning Outcome: After completing this lesson students will be able to -
a) understand the juristic basis of doctrine of intention to create legal relations
b) differentiate between the presumptions relating to domestic agreements and commercial transactions
Dispute Resolution Boards have proven highly effective (greater than 98% success rate) in resolving disputes in segments of the construction industry and preventing claims from going to arbitration or litigation. While more successful than all other non-binding alternatives, their use has been concentrated in specific project types and limited regions. Dispute and construction professionals will benefit from exploring the principles leading to success, and the practice will benefit from broader dissemination of this exciting method.
Learning Objective:
Students will learn
a) the legal definition of contract
b) how contract is generally defined
b) the specific qualifications to which the general definition of contract is subjected to
General Principles of Offer and Invitation to TreatPreeti Sikder
Learning Objectives:
Students will -
a) learn the basics about 'offer'
b) be able to differentiate between offer and invitation to treat
c) be acquainted with precedents which led to established rules of law regarding the status of offer and invitation to treat under Common Law
Learning Outcome:
After completion of the lesson students will be able to -
a) comprehend the nature of misrepresentation in contracts
b) distinguish between representation and promise
c) describe the elements of misrepresentation
d) describe the elements of fraud
e) distinguish between misrepresentation and fraud
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
Many contracts now require the contractor to "design and construct"; which attempts to make the contractor responsible for elements of design in the construction process. In many cases the requirements for the limits of design in the contractors scope of works are not sufficiently described, within either the tender or contractual documents. If the contractor has any concerns or doubts regarding the level of design responsibilities the contractor must ask for a "design brief".
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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