... Customer margin Within the futures industry,
financial guarantees required of both buyers
and sellers of futures contracts and sellers of
options contracts to ensure fulfillment of
contract obligations. Futures Commission
Merchants are responsible for overseeing
customer margin accounts. Margins are ...
THE BOILERPLATE OF EVERYTHING AND THE IDEAL
... political sphere in an increasingly evident manner. Proliferating standard provisions mandating the arbitration of
future disputes in consumer and employment contexts also suggest the current ability of corporations to leverage
further the existing imbalance of power between individuals and corporat ...
D. Consultant`s Experts and Sub-Consultants
... donor fund] which are administered by the African Development Bank (“the Bank”) and
executed by the [Client/ Recipient /or name of agency]. The [Client/
Recipient/Beneficiary] intends to apply the funds to eligible payments under the contract
for which this Request for Proposals is issued.] Payments ...
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
... Merchandise Inventories - TJX accrues for inventory purchase obligations at the time of shipment by the vendor. As a result,
merchandise inventories on TJX’s balance sheet include an accrual for in-transit inventory of $493.8 million at October 30, 2010,
$396.8 million at January 30, 2010 and $451.6 ...
Logic-Based Tools for the Analysis and Representation of Legal
... techniques as well as to develop new ones. The general aim of the thesis is to explore the
potential for developing logic-based tools for the analysis and representation of legal
contracts, by considering the following two questions:
(a) To what extent can techniques developed for the representation ...
Rescission, Restitution, and the Principle of Fair Redress: A
... authors suggest the law should be changed so the buyer must elect
between rescission and damages.18
As another part of their proposal and to promote more efficient
contracting, Brooks and Stremitzer argue that restitution after rescission
should only “come at a price.”19 This concept means the relie ...
Export to Word - Botswana e-Laws
... Bezuidenhout 1977 (1) SA 362 (O).
Parties in this case never canvassed in their pleadings that there was a termination provision which
formed part of their agreement. However, where there is a contractual clause for termination a party
may also rely on its common law rights. The reason for this is t ...
Primary and Secondary Obligations
... These obligations can be understood best by considering
certain operative facts necessary to e:ist in order to bring a case
within them. A comparison of the nature of some of the obligations will help to clarify.
There should be no confusion between an indenmitor and a
surety. A surety may become li ...
Smart Contracts – How will Blockchain Technology Affect
... Smart contracts can be used advantageously in many different ways. One of the more complex
applications is the so-called decentralised autonomous organisation (DAO). A web of interconnected
smart contracts can be used to create a fully autonomous organisation, which is capable of carrying out the sa ...
Contract Law in Timor-Leste
... A contract is a type promise or agreement that the law can enforce. This means that the
courts can force the person who made the promise to either do what they promised or can require
them to pay money, called damages, to make up for not doing what they promised to do. More
technically, a contract i ...
BANGKO SENTRAL NG PILIPINAS
... of conditions that make Project Implementation
impractical and/or unnecessary, such as, but not
limited to, fortuitous event/s or changes in law
and national government policies.
BANGKO SENTRAL NG PILIPINAS
CONSIDERATION DOCTRINE AND REGULATORY ARBITRAGE IN
... entitling the transferor to a subset of the cash generated by what it was transferring. Because the
Uniform Commercial Code defines “value” expansively, to include any “consideration sufficient
to support a simple contract,” the U.C.C. apparently directs us to determine whether $10 would
support a ...
This chapter was first published by IICLE Press.
... In Greenberger, supra, the defendant’s son had retained a law firm to represent him in a
criminal action, but ultimately could not pay for the legal services. At that point, the defendant
met with the lawyers, paid a retainer, and agreed to be responsible for the legal fees. Because of
this conduct, ...
ATSWA Study Pack - Business Law
... recognise the nature of negotiable instruments as may be suitable for use as
appropriate in their daily activities as Accounting Technicians; and
f. be able to apply the principles of law to simple case studies.
LaMar Jost PROPERTY II: OUTLINE §1: LANDLORD/ TENANT LAW
... of either the landlord or tenant. It terminates automatically at death or due to mental
incompetency because one party can no longer will that the tenancy continue.
C. G/R: Notice of Termination: most states have changed, by statute, the common law
rule that the estate could be terminated instantly; ...
The Assignment of the Insured`s Rights
... Insurers have argued further, when supported by the facts, the stipulated judgments were obtained through fraud and
Notably, the courts are more likely to
find that an assignment is invalid where:
the insured’s assignment of his or her
claims against the insurer to the injured
party i ...
personal services contract
... under the Contract. These records shall include the total number of hours worked, the number
of hours spent providing service under this Contract, the hourly rate paid, and the amount paid
by Contractor for health benefits, if any, for each of its employees providing services under the
Contract. Th ...
... c. Nominal- any breach entitles the injured party to at least nominal damages, even
if no actual loss can be proved (thus no compensatory damages)
d. Consequential- in addition to std damages, breaching party also liable for all
losses resulting from his breach that the parties could have reasonably ...
Pao On v Lau Yi Long
... consideration, being the price of the promise sued upon, must move from the promisee. The
judgment of Glidewell LJ. was substantially based on Pao On v. Lau Yin Long  AC 614 in
which the Judicial Committee of the Privy Council had held a promise by A to B to perform a
contractual obligation ow ...
Hong Kong Contracts
... recognizes the need of the many students who aspire to become accountants
for a book specially written for them.
This book is not a diluted legal textbook, trying to cover everything a
lawyer needs to know and somehow hoping that a beginner will be able to
understand the difficult parts without the ...
Review Questions Con..
... A broker has an exclusive right-to-sell listing on a building. The owner is out of town when the
broker gets an offer from a buyer to purchase the building providing the seller agrees to take a
purchase money mortgage. The buyer must have a commitment from the seller before the seller is
scheduled t ...
Harm, Ambiguity, and the Regulation of Illegal Contracts
... This same approach can produce underdeterrence, as a second example shows. Prohibitions on commercial trade with rogue nations are a common device for achieving foreign policy aims. An express rationale for the
restriction on trade with Iran is the fear that contracting with Iranian entities
will he ...
staff draft tentative report - New Jersey Law Revision Commission
... parties and legal entities. So long as these parties take the contract from the seller on a take-itor-leave-it basis in an open market, they are buyers within the meaning of this Act. The rationale
for making no distinction between consumer and commercial parties is that this distinction is not
RENEGOTIATION AND THE DYNAMICS OF CONTRACT DESIGN
... There are two levels at which renegotiation reduces the commitment
power of such contracts. First, in the above example if entry occurs the
owners of the incumbent firm and its managers may have an incentive to
renegotiate the contract so as to accommodate entry. The initial contract
then has no eff ...
... one party. With regard to this issue, Dr. Rafiq al- Misri of the view that wa‟ad mulzim
upon both parties is not permissible.
Based on the research there is no specific opinion from traditional jurists who discuss
about wa‟ad mulzim from both parties, and similar as „aqd, it is almost a consensual
An assignment (Latin cessio) is a term used with similar meanings in the law of contracts and in the law of real estate. In both instances, it encompasses the transfer of rights held by one party—the assignor—to another party—the assignee. The details of the assignment determines some additional rights and liabilities (or duties).Typically a third-party is involved in a contract with the assignor, and the contract is in effect transferred to the assignee. For example, a borrower borrows money from a local bank. The local bank receives a mortgage note and can thereafter transfer that note to a financial institution in exchange for a lump-sum of cash, thereby assigning the right to receive payment from the borrower to another entity. Mortgages and lending contracts are relatively amenable to assignment since the lendor's duties are relatively limited; other contracts which involve personal duties such as legal counsel may not be assignable.The related concept of novation is not assignment; rather than assigning only the rights to another party, novation involves the replacement of the original party with a new party or the replacement of the original contract with a new contract. Since novation creates a new contract, it requires the consent of all parties whereas assignment does not require the consent of the nonassigning party, although in the case of assignment the consent of the nonassigning party may be required through a contractual provision.