In this presentation, I walk you through a fictitious contracts fact pattern identifying all of the issues along the way and applying the rule of law to the facts in order to demonstrate how a judge would rule.
El primer documento trata sobre una acción redhibitoria por vicios ocultos en muebles. Aunque los muebles tenían vicios, la acción caducó a los 3 meses. El segundo documento trata sobre el arrendamiento de un inmueble. Si se pactó una prórroga y el propietario no dio aviso, la prórroga es por tiempo indeterminado. El tercer documento establece que un arrendatario sigue ocupando un bien arrendado hasta formalizar su devolución, aunque esté vacío.
Este documento proporciona información general sobre un curso de Derecho de Sucesiones. En la primera semana, el curso cubrirá temas como la definición de sucesión y derecho de sucesiones, los elementos de una sucesión, los tipos de sucesión, formas de suceder y requisitos para heredar. La segunda semana se centrará en conceptos generales de sucesión como la masa hereditaria y la transmisión de obligaciones. El documento incluye detalles sobre el profesor, horario, evaluación y bibliografía del curso.
Contract Law - an overview and how to answer exam questionsBenjamin Ang
This is a quick (7 minutes in the YouTube version https://youtu.be/R1l-pcCXBXk) overview of the different parts of Contract Law, which I created for students to give them a head start in preparing for their Contract Law exam. It starts with the elements of Contract (Offer, Acceptance, Consideration, Intention); valid / void / voidable contracts; breaches that lead to termination (breach of condition) or only to damages (breach of warranty); express or implied terms; exclusion clauses.
Code of civil procedure 1986 supplemental proceedingDr. Vikas Khakare
It contains provisions under Code of Civil Procedure regarding supplemental proceeding like Arrest before judgment; Arrest before judgment; Temporary injunction and Appointment of receiver.
1. This document discusses various cases related to misrepresentation in contracts. It examines different types of misrepresentation including false statements of fact, statements that induce a contract, and different categories of misrepresentation such as negligent or fraudulent misrepresentation.
2. The document also explores the remedies available for misrepresentation, such as rescission of the contract, claims for damages or indemnity. Key cases establish that a misrepresentation must be of a material fact rather than just opinion, and that it must have actually induced the claimant to enter into the contract.
3. The document provides an overview of English law on misrepresentation through analyzing numerous past cases that set precedents on important issues like what constitutes a misrepresentation,
Sample motion for summary judgment by defendant in United States Bankruptcy C...LegalDocsPro
This sample motion for summary judgment by a defendant in United States Bankruptcy Court is filed under the provisions of Federal Rule of Civil Procedure 56 and Federal Rule of Bankruptcy Procedure 7056 on the grounds that no genuine dispute exists as to any material fact and the moving party is entitled to judgment as a matter of law. The sample on which this preview is based is 19 pages and includes brief instructions, a table of contents and table of authorities as well as a memorandum of points and authorities with citations to case law and statutory authority, statement of uncontroverted facts and conclusions of law, sample declaration, proposed judgment granting summary judgment and proof of service by mail. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
El primer documento trata sobre una acción redhibitoria por vicios ocultos en muebles. Aunque los muebles tenían vicios, la acción caducó a los 3 meses. El segundo documento trata sobre el arrendamiento de un inmueble. Si se pactó una prórroga y el propietario no dio aviso, la prórroga es por tiempo indeterminado. El tercer documento establece que un arrendatario sigue ocupando un bien arrendado hasta formalizar su devolución, aunque esté vacío.
Este documento proporciona información general sobre un curso de Derecho de Sucesiones. En la primera semana, el curso cubrirá temas como la definición de sucesión y derecho de sucesiones, los elementos de una sucesión, los tipos de sucesión, formas de suceder y requisitos para heredar. La segunda semana se centrará en conceptos generales de sucesión como la masa hereditaria y la transmisión de obligaciones. El documento incluye detalles sobre el profesor, horario, evaluación y bibliografía del curso.
Contract Law - an overview and how to answer exam questionsBenjamin Ang
This is a quick (7 minutes in the YouTube version https://youtu.be/R1l-pcCXBXk) overview of the different parts of Contract Law, which I created for students to give them a head start in preparing for their Contract Law exam. It starts with the elements of Contract (Offer, Acceptance, Consideration, Intention); valid / void / voidable contracts; breaches that lead to termination (breach of condition) or only to damages (breach of warranty); express or implied terms; exclusion clauses.
Code of civil procedure 1986 supplemental proceedingDr. Vikas Khakare
It contains provisions under Code of Civil Procedure regarding supplemental proceeding like Arrest before judgment; Arrest before judgment; Temporary injunction and Appointment of receiver.
1. This document discusses various cases related to misrepresentation in contracts. It examines different types of misrepresentation including false statements of fact, statements that induce a contract, and different categories of misrepresentation such as negligent or fraudulent misrepresentation.
2. The document also explores the remedies available for misrepresentation, such as rescission of the contract, claims for damages or indemnity. Key cases establish that a misrepresentation must be of a material fact rather than just opinion, and that it must have actually induced the claimant to enter into the contract.
3. The document provides an overview of English law on misrepresentation through analyzing numerous past cases that set precedents on important issues like what constitutes a misrepresentation,
Sample motion for summary judgment by defendant in United States Bankruptcy C...LegalDocsPro
This sample motion for summary judgment by a defendant in United States Bankruptcy Court is filed under the provisions of Federal Rule of Civil Procedure 56 and Federal Rule of Bankruptcy Procedure 7056 on the grounds that no genuine dispute exists as to any material fact and the moving party is entitled to judgment as a matter of law. The sample on which this preview is based is 19 pages and includes brief instructions, a table of contents and table of authorities as well as a memorandum of points and authorities with citations to case law and statutory authority, statement of uncontroverted facts and conclusions of law, sample declaration, proposed judgment granting summary judgment and proof of service by mail. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.
1. The document discusses abatement of legacies under Islamic law, specifically comparing the rules under Sunni and Shia schools of thought.
2. Under Sunni law, if a bequest exceeds one-third of the estate, the excess is invalid and the shares of all legatees are reduced proportionately. Under Shia law, legatees named earlier in the will receive their shares first until the one-third is exhausted, with later named legatees receiving nothing.
3. Bequests for pious purposes up to one-third of the estate are generally valid under both schools, with some ordering of which purposes take precedence.
A man can acquire land through various means such as inheritance, sale, will, mortgage, etc. When land changes ownership, the new owner must apply for mutation to update the land records. Mutation involves inserting the new owner's name in the record-of-rights (khatiyan). Registration transfers ownership legally, while mutation updates the government land records. Mutation is required for both agricultural and non-agricultural land, though failure to mutate does not affect title for non-agricultural land. The legal basis for mutation is found in the State Acquisition and Tenancy Act of 1950.
The memorandum summarizes that reaching over a counter to take money from a cash register constitutes burglary under Arizona law. It discusses that (1) entering a store with the intent to commit theft makes the entry unlawful even if the store is otherwise open to the public, and (2) a cash register qualifies as a "structure" as defined by the burglary statute since it is used for business purposes and can be secured. Case law establishes that the crime is complete upon unlawful entry with criminal intent and that minimal intrusion, such as reaching an arm over a counter, satisfies the entry element of burglary.
The document discusses the legal requirements for consideration in contracts. It defines consideration as a benefit to one party or detriment to the other. Consideration must be provided by the promisee and can be in the form of an act, promise, or forbearance of a legal right. Consideration does not need to be adequate in value, only sufficient. Exceptions exist for past consideration and certain duties imposed by law or existing contracts when extra benefits are provided.
This document outlines the rule for interpleader, which allows a plaintiff to file a lawsuit when there are two or more conflicting claims to the same subject matter and the plaintiff claims no interest in the subject matter. Interpleader is proper when there are conflicting claims to the same subject matter that a disinterested plaintiff faces, or when some of the plaintiff's interest is undisputed. Interpleader is improper in cases where defendants have conflicting claims against the plaintiff or if one defendant has already secured a final judgment against the plaintiff.
Sample California meet and confer letter LegalDocsPro
This sample meet and confer letter for California is used when a party has not received any responses to their discovery requests and wants to meet and confer with the other party before filing any motion to compel. The sample can be modified for use in many situations.
Document of which registration is optionalYasir Hayat
The document discusses documents for which registration is optional under Indian law. It notes that Section 17 and 18 of the Registration Act specify documents that must and may be registered. Documents that do not need to be registered include wills, powers of attorney, agreements to sell, agreements for partition, tenancy agreements under one year, promissory notes, agreements of mortgage, deeds of adoption, simple contracts, and releases. While not required, parties have the option to register such documents, though failure to register does not invalidate them or affect their admissibility as evidence.
This document summarizes the key concepts and principles related to constructive trusts under Malaysian law. It discusses the different types of constructive trusts, the differences between constructive trustees and ordinary trustees, and important cases that have helped shape the law on constructive trusts. The summary provides the essential information in 3 sentences:
Constructive trusts are implied trusts that equity recognizes to prevent unfairness, where a person obtains property through wrongful means or in circumstances that would make it unjust for them to keep the property. The document outlines the different situations that can give rise to a constructive trust, such as fraud, breach of fiduciary duty, and acquisition of property through killing. It also discusses the flexible "new model" of constructive trust introduced by Lord
This document discusses the concept of indefeasibility of title (IoT) under Section 340 of the National Land Code. It contains the following key points:
1. Section 340 establishes that the title or interest of a registered proprietor is indefeasible, subject to certain exceptions. These exceptions include fraud, misrepresentation, forgery, insufficient or void instruments, and unlawfully acquired titles.
2. IoT can take two forms - immediate indefeasibility where registration confers a guaranteed title, or deferred indefeasibility where the title remains potentially open to attack until transferred. Malaysian law follows the doctrine of deferred indefeasibility.
3. Subsequent purchasers who acquire
The document discusses the essentials of arbitration agreements. It states that arbitration agreements require parties to resolve disputes through a neutral third-party arbitrator instead of going to court. Contracts often include arbitration clauses that make this dispute resolution process mandatory if disagreements arise. While courts generally support arbitration, they may not enforce clauses if a party was not informed they were forfeiting their right to litigation or if the clause is presented unfairly. The document outlines some concerns about mandatory arbitration clauses preventing whistleblowing, limiting class action lawsuits, and relying on a single arbitrator's decision. It also discusses alternative dispute resolution options like mediation and escalating issues to senior management.
This document summarizes key aspects of securities regulation in Malaysia. It discusses how companies raise funds through public offerings of securities like stocks and bonds. The law aims to protect investors by requiring companies to disclose all material information through a prospectus so investors can make informed decisions. The Securities Commission regulates prospectuses and can refuse to register them if they do not comply with disclosure requirements. Companies and their directors face civil and criminal liability for false or misleading statements in a prospectus unless they can establish a defense like proving they conducted due diligence.
This document discusses several cases related to terms of contracts. It covers issues like whether oral statements became implied terms, when written terms took precedence over prior representations, conditions versus warranties, and implied terms. For example, it discusses a case where a statement about a motorcycle's model year was not considered a contractual term since it was not included in the later written agreement. It also examines cases focused on determining when exact compliance with a term was a condition allowing termination versus a warranty only permitting damages.
Sample Appellate Brief (Curtilage - Nature of Uses)Brent LaMaire
This brief argues that the district court correctly found that the Fletchers' bunker was not within the curtilage of their home, but that it erred in its legal analysis. It asserts that under the four-factor test from United States v. Dunn for determining curtilage, each factor weighs against finding the bunker was within the curtilage. Specifically, it claims the bunker was not close to the home, was separated from the yard, was not used for intimate domestic activities, and was not protected from observation by those in open fields. The brief concludes that applying the proper Dunn test, the district court still would have correctly found the bunker in open fields outside the curtilage.
1. Mr. Gray, a 22-year employee of the District Attorney's Office, was fired for selling Girl Scout cookies to colleagues from the trunk of his car in the employee parking lot.
2. The memorandum discusses three statutes: one that classifies the sale or distribution of high-sugar foods like cookies as a felony; one that classifies possession of such foods as a misdemeanor; and one regarding limitations on personal liberty.
3. The memorandum concludes that Mr. Gray likely violated the first two statutes and that the government has a compelling interest in the health of its employees, so Mr. Gray would not succeed in a wrongful termination suit.
Law School Writing Sample - Interoffice MemorandumArash Razavi
The memorandum discusses a case involving Casey McNeill, a high school senior who was suspended for refusing to cut his long hair and submit to a drug test. McNeill grew out his hair for a school musical production of Hair and faced harassment from peers for keeping his long hair after the show. The school claimed his hair violated its dress code requiring "good grooming." McNeill also refused a random drug test required for extracurricular activities. The memorandum analyzes whether the school had authority to suspend McNeill under the First, Fourth, and Fourteenth Amendments. It concludes the suspension for his hair violated McNeill's free speech and due process rights and the drug test policy violated his privacy rights.
El documento habla sobre el abandono de menores y la adopción en el Perú. Explica que los padres tienen la obligación de proteger a los niños y que el Estado asume este rol cuando los padres no pueden. También define el abandono como la negación de derechos de los niños y las dos etapas para declarar el abandono. Finalmente, resume los requisitos y procesos para la adopción de menores abandonados o no abandonados.
This document discusses defenses to getting out of a contract you don't want to be in. It outlines four categories of defenses: (1) those centered on the form of the bargain, (2) those based on a party's lack of capacity, (3) those regarding the content of the bargain, and (4) those arising from unfair tactics used during bargaining. Within each category, it provides examples of specific defenses like the statute of frauds or mental incapacity, and explains how they can preclude contract formation or make obligations voidable. The document aims to identify potential defenses that could allow one to avoid contractual duties.
This document provides an overview of civil law relating to agreements and torts. It discusses key elements of agreements including offer and acceptance, intention to create a legally binding contract, consideration, and capacity to enter agreements. It distinguishes between domestic and commercial agreements. Some key cases are summarized to illustrate legal principles around offers, acceptance, and consideration. The document also briefly touches on tort law. Overall, the summary provides a high-level introduction to the formation of agreements under civil law.
1. The document discusses abatement of legacies under Islamic law, specifically comparing the rules under Sunni and Shia schools of thought.
2. Under Sunni law, if a bequest exceeds one-third of the estate, the excess is invalid and the shares of all legatees are reduced proportionately. Under Shia law, legatees named earlier in the will receive their shares first until the one-third is exhausted, with later named legatees receiving nothing.
3. Bequests for pious purposes up to one-third of the estate are generally valid under both schools, with some ordering of which purposes take precedence.
A man can acquire land through various means such as inheritance, sale, will, mortgage, etc. When land changes ownership, the new owner must apply for mutation to update the land records. Mutation involves inserting the new owner's name in the record-of-rights (khatiyan). Registration transfers ownership legally, while mutation updates the government land records. Mutation is required for both agricultural and non-agricultural land, though failure to mutate does not affect title for non-agricultural land. The legal basis for mutation is found in the State Acquisition and Tenancy Act of 1950.
The memorandum summarizes that reaching over a counter to take money from a cash register constitutes burglary under Arizona law. It discusses that (1) entering a store with the intent to commit theft makes the entry unlawful even if the store is otherwise open to the public, and (2) a cash register qualifies as a "structure" as defined by the burglary statute since it is used for business purposes and can be secured. Case law establishes that the crime is complete upon unlawful entry with criminal intent and that minimal intrusion, such as reaching an arm over a counter, satisfies the entry element of burglary.
The document discusses the legal requirements for consideration in contracts. It defines consideration as a benefit to one party or detriment to the other. Consideration must be provided by the promisee and can be in the form of an act, promise, or forbearance of a legal right. Consideration does not need to be adequate in value, only sufficient. Exceptions exist for past consideration and certain duties imposed by law or existing contracts when extra benefits are provided.
This document outlines the rule for interpleader, which allows a plaintiff to file a lawsuit when there are two or more conflicting claims to the same subject matter and the plaintiff claims no interest in the subject matter. Interpleader is proper when there are conflicting claims to the same subject matter that a disinterested plaintiff faces, or when some of the plaintiff's interest is undisputed. Interpleader is improper in cases where defendants have conflicting claims against the plaintiff or if one defendant has already secured a final judgment against the plaintiff.
Sample California meet and confer letter LegalDocsPro
This sample meet and confer letter for California is used when a party has not received any responses to their discovery requests and wants to meet and confer with the other party before filing any motion to compel. The sample can be modified for use in many situations.
Document of which registration is optionalYasir Hayat
The document discusses documents for which registration is optional under Indian law. It notes that Section 17 and 18 of the Registration Act specify documents that must and may be registered. Documents that do not need to be registered include wills, powers of attorney, agreements to sell, agreements for partition, tenancy agreements under one year, promissory notes, agreements of mortgage, deeds of adoption, simple contracts, and releases. While not required, parties have the option to register such documents, though failure to register does not invalidate them or affect their admissibility as evidence.
This document summarizes the key concepts and principles related to constructive trusts under Malaysian law. It discusses the different types of constructive trusts, the differences between constructive trustees and ordinary trustees, and important cases that have helped shape the law on constructive trusts. The summary provides the essential information in 3 sentences:
Constructive trusts are implied trusts that equity recognizes to prevent unfairness, where a person obtains property through wrongful means or in circumstances that would make it unjust for them to keep the property. The document outlines the different situations that can give rise to a constructive trust, such as fraud, breach of fiduciary duty, and acquisition of property through killing. It also discusses the flexible "new model" of constructive trust introduced by Lord
This document discusses the concept of indefeasibility of title (IoT) under Section 340 of the National Land Code. It contains the following key points:
1. Section 340 establishes that the title or interest of a registered proprietor is indefeasible, subject to certain exceptions. These exceptions include fraud, misrepresentation, forgery, insufficient or void instruments, and unlawfully acquired titles.
2. IoT can take two forms - immediate indefeasibility where registration confers a guaranteed title, or deferred indefeasibility where the title remains potentially open to attack until transferred. Malaysian law follows the doctrine of deferred indefeasibility.
3. Subsequent purchasers who acquire
The document discusses the essentials of arbitration agreements. It states that arbitration agreements require parties to resolve disputes through a neutral third-party arbitrator instead of going to court. Contracts often include arbitration clauses that make this dispute resolution process mandatory if disagreements arise. While courts generally support arbitration, they may not enforce clauses if a party was not informed they were forfeiting their right to litigation or if the clause is presented unfairly. The document outlines some concerns about mandatory arbitration clauses preventing whistleblowing, limiting class action lawsuits, and relying on a single arbitrator's decision. It also discusses alternative dispute resolution options like mediation and escalating issues to senior management.
This document summarizes key aspects of securities regulation in Malaysia. It discusses how companies raise funds through public offerings of securities like stocks and bonds. The law aims to protect investors by requiring companies to disclose all material information through a prospectus so investors can make informed decisions. The Securities Commission regulates prospectuses and can refuse to register them if they do not comply with disclosure requirements. Companies and their directors face civil and criminal liability for false or misleading statements in a prospectus unless they can establish a defense like proving they conducted due diligence.
This document discusses several cases related to terms of contracts. It covers issues like whether oral statements became implied terms, when written terms took precedence over prior representations, conditions versus warranties, and implied terms. For example, it discusses a case where a statement about a motorcycle's model year was not considered a contractual term since it was not included in the later written agreement. It also examines cases focused on determining when exact compliance with a term was a condition allowing termination versus a warranty only permitting damages.
Sample Appellate Brief (Curtilage - Nature of Uses)Brent LaMaire
This brief argues that the district court correctly found that the Fletchers' bunker was not within the curtilage of their home, but that it erred in its legal analysis. It asserts that under the four-factor test from United States v. Dunn for determining curtilage, each factor weighs against finding the bunker was within the curtilage. Specifically, it claims the bunker was not close to the home, was separated from the yard, was not used for intimate domestic activities, and was not protected from observation by those in open fields. The brief concludes that applying the proper Dunn test, the district court still would have correctly found the bunker in open fields outside the curtilage.
1. Mr. Gray, a 22-year employee of the District Attorney's Office, was fired for selling Girl Scout cookies to colleagues from the trunk of his car in the employee parking lot.
2. The memorandum discusses three statutes: one that classifies the sale or distribution of high-sugar foods like cookies as a felony; one that classifies possession of such foods as a misdemeanor; and one regarding limitations on personal liberty.
3. The memorandum concludes that Mr. Gray likely violated the first two statutes and that the government has a compelling interest in the health of its employees, so Mr. Gray would not succeed in a wrongful termination suit.
Law School Writing Sample - Interoffice MemorandumArash Razavi
The memorandum discusses a case involving Casey McNeill, a high school senior who was suspended for refusing to cut his long hair and submit to a drug test. McNeill grew out his hair for a school musical production of Hair and faced harassment from peers for keeping his long hair after the show. The school claimed his hair violated its dress code requiring "good grooming." McNeill also refused a random drug test required for extracurricular activities. The memorandum analyzes whether the school had authority to suspend McNeill under the First, Fourth, and Fourteenth Amendments. It concludes the suspension for his hair violated McNeill's free speech and due process rights and the drug test policy violated his privacy rights.
El documento habla sobre el abandono de menores y la adopción en el Perú. Explica que los padres tienen la obligación de proteger a los niños y que el Estado asume este rol cuando los padres no pueden. También define el abandono como la negación de derechos de los niños y las dos etapas para declarar el abandono. Finalmente, resume los requisitos y procesos para la adopción de menores abandonados o no abandonados.
This document discusses defenses to getting out of a contract you don't want to be in. It outlines four categories of defenses: (1) those centered on the form of the bargain, (2) those based on a party's lack of capacity, (3) those regarding the content of the bargain, and (4) those arising from unfair tactics used during bargaining. Within each category, it provides examples of specific defenses like the statute of frauds or mental incapacity, and explains how they can preclude contract formation or make obligations voidable. The document aims to identify potential defenses that could allow one to avoid contractual duties.
This document provides an overview of civil law relating to agreements and torts. It discusses key elements of agreements including offer and acceptance, intention to create a legally binding contract, consideration, and capacity to enter agreements. It distinguishes between domestic and commercial agreements. Some key cases are summarized to illustrate legal principles around offers, acceptance, and consideration. The document also briefly touches on tort law. Overall, the summary provides a high-level introduction to the formation of agreements under civil law.
The document discusses the key principles of consideration under contract law in India according to the Indian Contract Act 1872. It defines consideration and outlines several important points regarding consideration:
1) Consideration must move at the desire of the promisor.
2) Consideration may move from the promisee or any other person.
3) Consideration can be past, present or future.
4) Consideration need not be adequate but must be real and of some value.
The document also discusses exceptions to the general rule that an agreement made without consideration is void, such as agreements made out of love and affection or to pay a time-barred debt.
The document discusses the key elements of consideration according to Indian contract law:
1) Consideration must move at the desire of the promisor. It must be done at their request.
2) Consideration can move from either the promisee or any other person, including a stranger to the contract.
3) Consideration can be past (before the promise), present (at the time of promise), or future (after the promise).
The document discusses the law of consideration in contracts. It provides definitions of consideration and explains that consideration is an essential element for a valid contract, unless under an exception. Consideration requires something of value to be done, such as an act, forbearance from an act, or a return promise, at the desire of the promisor. The document outlines several legal rules regarding consideration and exceptions to the general rule of "no consideration, no contract", including exceptions for family arrangements, assignments, and compensation for past voluntary services. It also discusses the doctrine of privity of contract and exceptions where a third party can sue or be bound by a contract.
The document discusses the concept of consideration in contracts. It defines consideration as something bargained for and received by the promisor from the promisee in exchange for the promise. Consideration can be in the form of an act, abstinence from an act, or a return promise. It must be something of value in the eyes of law and move at the desire of the promisor. Consideration can be past, present or future. There are exceptions to the privity rule that allow third parties to enforce contracts under certain conditions like trusts or intended benefits.
060469 rr – business organizations assignmentshomeworkecrater
Melanie and Clay are partners in a law firm partnership. Melanie failed to respond to a lawsuit against a client on time, resulting in a $1 million verdict against the client. The client is now suing Melanie and Clay. As partners, they are both jointly and severally liable for the debt.
Adam is president of a corporation. The board instructed another employee, Bob, not to borrow money on behalf of the company. Bob borrowed money anyway, and now Bob will be personally liable for the debt because he exceeded his actual authority.
Crawford wants to acquire land from another company, Toxic Waste, but does not want Toxic Waste's liabilities. An asset acquisition would
Ppt lw202 topic 1 incapacity to contract-sem 2 2017s11135757
This document provides an overview of the Week 2 lecture for Contract Law II. The key learning objectives are to understand who lacks capacity to contract, including minors, drunk or mentally ill persons, and corporations. Minors' contracts are generally void, except for necessaries and beneficial services. Drunk or mentally ill persons' contracts are voidable. Corporations' contracts must be within their legal powers as defined in their articles; government contracts may be void if not complying with statutory requirements. The lecture covers these topics in detail and provides example cases. It concludes with review questions and an outline of the following week's topic on misrepresentation.
Ppt lw202 topic 1 incapacity to contract-sem 2 2017s11135757
This document provides an overview of the Week 2 lecture on capacity to contract in Contract Law II. The key learning objectives are to understand who lacks capacity to contract, including minors, drunk or mentally ill persons, and corporations. Minors' contracts are generally void, except for necessaries and beneficial services. Drunk or mentally ill persons' contracts are voidable. Corporations' contracts must be within their constitutional documents, and government contracts must comply with statutory requirements to be binding. The lecture covers these topics in detail and provides example cases to illustrate the legal principles. It concludes with review questions to assess understanding of the learning objectives.
BUSINESS LAW ASSIGNMENT Note Always remember to cite legal au.docxRAHUL126667
BUSINESS LAW ASSIGNMENT
Note: Always remember to cite legal authorities to support your arguments. Legal authority can be either a statute or case law.
Case scenario 1 - Agreement, Intention, Consideration and Promissory Estoppel
Points to consider:
· To consider what legal remedies Sienna might have against Mr Power. Remedy against Mr Crow unlikely since no provision of architectural drawings in contract.
· To discuss whether the 3 elements of contract (agreement, intention and consideration) have been established.
· On agreement, was there offer and acceptance?
· Note offer can be in writing, verbal, or inferred by conduct.
· Does letter from Mr Power explaining his “committed intention” to lease any space that Sienna might develop…” constitute an offer? Sienna will argue this as an offer, while Mr Power will claim this is merely a statement of intention.
· When Sienna writes back telling Mr Power that she has the approval from her bank to borrow money to buy the property and start the development phase, Sienna will argue that this constitutes acceptance on her part. Mr Power may say that Sienna’s letter appears more for information purpose. He does not seem to be aware that Sienna will only start development on his assurance to lease the space from her.
· Was there intention to contract? Consider Masters v Cameron. Had the parties reached finality in their terms or was it the intention of the parties not to make any concluded bargain until they had executed a formal contract?
· Sienna may argue on the facts, no “subject to contract” clauses. Mr Power will argue no finality of terms has been reached, since even critical term such as rental price has not been agreed upon.
· Was there consideration provided by Sienna to hold Mr Power to his promise to lease the space from her? Sienna will claim that she has taken bank loan, spent $10,000 on demolition and another $20,000 on a development plan. Mr Power will argue that no consideration was made to him, the above are expenses which Sienna would have incurred anyway as part of her development plans.
· Was Mr Power aware that Sienna is starting the development based on his “committed intention” to lease any space from her? Or was he under the impression that Sienna would have proceeded with the project anyway?
· If Mr Power was aware or if perhaps he has heard from Mr Crow, then equitable outcome can only be achieved by effecting the assumed contract.
· Promissory estoppel; typically can only be used as a defence, not a sword to commence legal action (High Trees case). Following Australian case Walton Stores v Maher, estoppel can now be used to claim a remedy where detriment has been suffered.
Exercise 6.4 — Contracts for the sale of goods
Issue
Has Neville breached the implied term regarding fitness for purpose?
Law
A seller will have breached the statutory implied term regarding fitness for purpose if all of the following requirements are satisfied.
· The contract is a contract ...
T1, 2021 business law lecture 3 - contracts 2markmagner
This document provides an overview of key concepts related to contract law, including consideration, promissory estoppel, and privity of contract. It defines consideration as the price paid for a promise and lists the rules regarding consideration, such as the requirement for consideration in simple contracts. The document also discusses the doctrine of promissory estoppel and explains the concept of privity of contract.
marketing questions relevant to scholars, educators, managers, consumers, policy makers and other societal stakeholders. It is the premier outlet for substantive research in marketing. Since its founding in 1936, JM has played a significant role in shaping the content and boundaries of the marketing discipline?
Publisher Information
Sara Miller McCune founded SAGE Publishing in 1965 to support the dissemination of usable knowledge and educate a global community. SAGE is a leading international provider of innovative, high-quality content publishing more than 900 journals and over 800 new books each year, spanning a wide range of subject areas. A growing selection of library products includes archives, data, case studies and video. SAGE remains majority owned by our founder and after her lifetime will become owned by a charitable trust that secures the company’s continued independence. Principal offices are located in Los Angeles, London, New Delhi, Singapore, Washington DC and Melbourne. www.sagepublishing.com
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Journal of Marketing
1. Taylor serves on the board of directors for Cabby Company. Taylor.pdfpetercoiffeur18
1. Taylor serves on the board of directors for Cabby Company. Taylor owns a lot of vacant land,
which she tried to sell unsuccessfully for two years. Taylor convinced the board of directors to
purchase 1,000 acres of her land for a price well over what the land is worth. This action may
violate the __________ rule.
A. business judgment B. insider trading C. fairness D. actual authority
2. Which of the following types of company offers protection for personal liability?
A. General partnership B. Term partnership C. Limited liability partnership D. Sole
proprietorship
3. An advantage of an S corporation is that shareholders can avoid
A. bylaws. B. double taxation. C. insider trading. D. estoppel.
4. Ken is the president of a large energy company. Company executives approached Ken about
purchasing some smaller companies to expand the business. Ken read the reports explaining the
potential risk and return of the investment, and he decided the purchase appeared to be a good
investment. Unfortunately, Ken was wrong, and the purchase caused the company to lose
millions of dollars. Based on these facts, Ken
A. should benefit from the business judgment rule. B. violated his duty of due diligence to the
corporation. C. should benefit from the fairness rule. D. violated his duty of loyalty to the
corporation.
5. Herbie owns a pizza parlor in New York. Herbie didn\'t file any documents to create the
business entity, he makes all the business decisions, and he retains all profit after overhead is
paid. Herbie owns a
A. sole proprietorship. B. corporation C. partnership. D. limited liability company.
6. Jennie owns shares in Superstore, Inc. A vote about whether Superstore should expand its
operations to China is coming up. Jennie thinks this is a good idea, but she doesn\'t own enough
shares to control the outcome of the vote. Jennie could increase the chance that the vote will go
her way by
A. entering into a pooling agreement. B. making a shareholder proposal. C. offering to give
someone else a proxy. D. filing a derivative suit.
7. The difference between a limited partnership and a registered limited liability partnership
(RLLP) is that
A. all partners have limited liability in a limited partnership, but not in an RLLP. B. an RLLP can
have secret partners, while a limited partnership can\'t. C. a limited partnership can have secret
partners, while an RLLP can\'t. D. all partners have limited liability in an RLLP, but not in a
limited partnership.
8. Robert owns shares in Products, Inc., and suspects that Zach, one of the directors of the
company, has been stealing corporate assets. Robert complains to the corporation, but no action
is taken. Robert should file a
A. direct suit against Products, Inc. B. direct suit against Zach. C. derivative suit against
Products, Inc., on his own behalf. D. derivative suit against Zach on behalf of Products, Inc.
9. Steve decides to incorporate his business, but he thinks it\'s too expensive to hire an attorney
to adv.
This document defines consideration and provides examples of what constitutes consideration in a valid contract under Indian law. It states that consideration is something of value that is exchanged between parties to a contract, such as a promise to pay money in exchange for goods. The document outlines the legal rules regarding consideration, including that it must be real, not illusory, and cannot be past performance of an existing duty. Exceptions where a contract may be valid without consideration include promises made out of natural love and affection or to pay a time-barred debt.
This document provides an overview of contract law in India according to the Indian Contract Act of 1872. It defines a contract as an agreement that creates legal rights and obligations between parties. There must be an offer and acceptance to form an agreement, as well as consideration and legal intent. Not all agreements are legally enforceable contracts. There are various essential elements for an agreement to be considered a valid contract, and contracts can be classified in different ways, such as by their formation, performance, or validity. The document provides examples to illustrate various types of contracts and agreements.
Do you have a claim or is someone making a claim against you.
We have put together a brief presentation covering off the following;
Concurrent liability
Cheque in full and final settlement
Mistake
Misrepresentation
Enforcement
Third party rights
Do contact Gannons Solicitors if you require further help.
A contract is defined as an agreement that is enforceable by law. The key elements of a valid contract are an offer, acceptance of that offer, lawful consideration, lawful object, and mutual consent between competent parties. Not all agreements are considered contracts - an agreement must meet additional requirements of enforceability and intention to create legal obligations to be a valid contract. Common types of agreements discussed include valid contracts, void agreements, voidable agreements, and invitations to treat which are not considered offers. Key aspects of forming a valid contract center around offer, acceptance, and consideration.
The document defines consideration under Indian contract law as something done or promised to be done in exchange for a promise. Consideration must be real, lawful, and something the promisor is not already obligated to do. While consideration is usually required, there are some exceptions like natural love and affection between family, completed gifts, and promises to pay time-barred debts. The doctrine of promissory estoppel also allows enforcement of some promises without consideration if someone relied on the promise.
The document discusses 5 legal cases involving corporate law issues:
1) A minority shareholder is suing to block a company from purchasing other companies' stocks.
2) A shareholder is suing to block a merger agreement made without his presence.
3) A company is denying liability for asbestos products after transferring operations to a subsidiary.
4) A shareholder is seeking dissolution of a company after being fired by the other shareholder.
5) Dissenting shareholders dispute the consideration of market price in valuing their shares post-merger.
Similar to Issue Spotting a Contracts Question (20)
Evidential issues are questions of law. By ruling on motions and objections, the judge determines what evidence may be presented to and considered by the jury. Judges apply the rules of evidence to determine whether to admit or exclude physical evidence, oral testimony, and exhibits. Once admitted, the jury decides how much weight to afford the evidence.
The rules of evidence permit only that which is deemed relevant and trustworthy to be received by the jury.
This presentation will provide you with a comprehensive review of the rules of evidence that come up most frequently. With memorable hypotheticals to trigger fast recall, you'll be able to think fast on your feet and use the rules to your advantage, both before and during trial.
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Course Description
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INTRODUCTION
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In one of the climactic scenes from 1954’s On The Waterfront, Crime Commission prosecutors had to make their corruption case against union boss Johnny Friendly (a/k/a Michael Skelly) by convincing a reticent yet pure-hearted Terry Malloy to come forward and tell what he knew about corruption in the International Longshoremen’s Association, beginning with the murder of Joey Doyle, because an underling insisted that “we were robbed last night and can’t find no books.”
If that same case came up in 21st Century tax court, Eva Marie Saint and Karl Malden could’ve stayed at home rather than serving as Marlon Brando’s cheering section, because government prosecutors could reconstruct the ILA’s income, based on the records retention requirements in Section 6500 et seq.
In other words, the conventional wisdom that only divine beings can create something out of nothing does not apply in income tax evasion cases. Is it enough for the government to pull a metaphorical rabbit out of a metaphorical hat, or are there some additional requirements?
The document outlines a 5-step bullet proof checklist for challenging a search or seizure under the Fourth Amendment: 1) Is there a state actor? 2) Does the defendant have standing? 3) Did the search implicate a person, place, paper or effect? 4) Did the search constitute a search under the Fourth Amendment? 5) Was the search reasonable or did a valid exception apply? It discusses factors for each step such as whether a private search was really a government search, what gives a defendant standing, what constitutes a search, the warrant requirements and exceptions, and rules for warrant execution.
The document discusses the "Word Repetition Exercise", an acting technique developed by Sanford Meisner. The exercise trains actors to truly listen and observe their scene partner by repeating back anything their partner says to them verbatim, changing only the pronoun. This builds the skills of listening, observing subtle changes, and responding instinctually without thinking. The repetition can organically change when one actor shares an honest response, has a reaction to the accumulation of words, expresses their point of view, or responds to a change in their partner's behavior. Actors are encouraged to fully commit, follow their impulses without censoring themselves, and truly connect with their partner.
This multi-step summary outlines the process for determining rights and obligations in a contractual agreement. Step 1 examines if there is a present assignment and if it is valid. Step 2 looks at if the assignment alters the original agreement. Step 3 checks for revocation of the assignment. Step 4 establishes who has rights if the assignment is valid. Step 5
This document provides guidance on how to draft an airtight contract. It discusses the key elements needed to establish a legally binding agreement, including offer, acceptance, clear terms, and ensuring the offer is still open when acceptance is made. The document outlines the steps to analyze a contract for these elements: 1) identifying an offer, 2) confirming the offer was still open when accepted, and 3) checking for a valid acceptance. It emphasizes applying an objective standard to determine the parties' intent and reasonable expectations based on the words and actions used.
The document provides an overview of contract law fundamentals, including the requirements for forming a valid contract. It discusses the key steps in analyzing a contract scenario: 1) determining if there was an offer, 2) if the offer was still outstanding when acceptance was attempted, and 3) if there was a valid acceptance or defective acceptance. The document also covers important concepts like offer requirements, acceptance methods, exceptions to the "mirror image" rule of acceptance, and how contracts are formed in different communication contexts.
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The document discusses how lawyers should prepare opening and closing statements like actors prepare for roles. It recommends starting with the closing statement and brainstorming the facts needed to make the desired arguments. Lawyers are advised to memorize statements neutrally without emphasis so they can respond authentically to the jury. Thorough rehearsal is important to get comfortable with the material and allow spontaneity. Simplicity is key rather than overpreparing emotions. The goal is to achieve a state of "public solitude" and focus on the jury.
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Issue Spotting a Contracts Question
1. Issue Spotting a Contracts
Question
Michael DeBlis III, Esq.
Partner
DeBlis Law
2. Review of Two Major Issues of
Contract Law
• Assume you have found an agreement
• You want to qualify that agreement as having
about it the elements of legal enforceability.
There are two ways:
– Is there a legally binding contract? or
– Promissory Estoppel
3. Existence of Legally-Binding Contract
• First, is there a bargain?
– If there is a bargain, it is presumed to be an executory
K
• Second, if there is a bargain, what are the terms
of this bargain on the day it was formed? Did
each of the traders incur bargained for legal
detriment?
• Third, look for defenses that would preclude
formation (real defenses) or enforcement of the
terms of the bargain (personal defenses)
4. Promissory Estoppel
• If there is no bargain at all, but merely a
promise that has been breached which left
the promisee worse off than on the day she
received the promise, review the fact pattern
for the elements of promissory estoppel.
5. Issue Spotting
• Hypo: Bob, a wealthy investor whose hobby
consists of growing orchards, wants to help
Mildred, his widowed daughter-in-law. Bob writes
her the following signed letter: “If you will come
to my estate and cultivate my orchards, you can
have room, board, and $500/month until my
death.” Mildred moves from her residence from
another state to Bob’s estate where she tends to
the orchards. One year later, Bob evicts Mildred
and terminates monthly payments of $500 w/o
reasonable provocation. Mildred files suit against
Bob.
7. Issue Spotting
• Issue # 1: Is there an agreement? Is there an
offer? There is no stipulation so you must
search for it in fact pattern. Was the letter the
offer of a bargain or a disguised gift? If Bob’s
intention was to make a gift, there is no
liability in K. But if he offered a bargain, there
may be.
8. Issue Spotting
• Were there any obligations imposed by this
arrangement on the other party? If there were
and if they benefited Bob in a pragmatic
sense, then that was the offer of a bargain.
Mildred has duties under arrangement
articulated by Bob – to tend to the orchards
and by Bob’s own admission, “they’re too
burdensome.” Bob benefits if Mildred does it.
Many courts would construe this offer as a
bargain.
9. Issue Spotting
• Issue # 2: Was the offer still alive at the time
acceptance was attempted? If there was an
offer to bargain, it was to bargain in the
unilateral mode. Bob sought no promise from
Mildred – he wanted an act. The only way to
accept an offer in the unilateral mode is to
complete the requested performance – i.e., to
tend to the orchards until Bob dies. Bob is
alive and kicking, indeed he kicked Mildred off
his estate!
10. Issue Spotting
• There is a revocation problem with the offer
while the offeree is merely attempting to
accept. At the time Bob attempted to revoke
the offer, Mildred had been working for 18
months. Surely she has made a substantial
commencement of the requested act that
would cut off Bob’s power to revoke, so as to
give her a reasonable opportunity to
complete.
11. Issue Spotting
• Was the acceptance defective? No, Bob told
Mildred what to do and she did it efficiently. She
has been discharged w/o provocation. Is the
agreement a K? Is there bargained for detriment
on the part of Mildred? But for the attempted
formation of the bargain w/ Bob, she had no legal
obligation to leave her home in another state,
relocate to Bob’s estate, and take up these duties.
• Any problems w/ defenses? No. Bob would be
estopped from revoking the offer.
12. Issue Spotting
• Alternative rationale in PE:
– Did Bob make a promise? Yes.
– Did Bob’s promise have foreseeable consequence
of inducing reliance on promisee’s part? Yes.
13. Issue Spotting
– Did it in fact induce reliance that was reasonable
in dimension and w/in the realm of the
foreseeable that Mildred would have to leave her
home in order to take up the tending of the
orchards? Yes.
– If Mildred can only recover in PE, she will n/
receive the expectation interest, only a sum of
money sufficient to put her back in the position
she was in on the day she received the letter. Any
expenses or losses that she incurred in disposing
of her home would be recoverable but that would
be all.