The Assignment of the Insured`s Rights
... The liability insurance policy imposes certain obligations on both the insured and
the insurer whenever the insured makes a
claim under the policy. These obligations
seek to protect both the interests of the
insurer and the insured who are parties to
the insurance contract. The insurer rightfully wa ...
Franchisors` Liablility When Franchisees are Apparent Agents: An
... actually concedes that franchise customers may "conclude that they are dealing not with an
agent but with the principal since franchised locations are often indistinct from companyoperated locations." William Curcio, Living With Franchisees and Trying to Live Without
Them, Remarks at the ABA's Fifth ...
PALAU AN ACT To update criminal offenses contained in Title 17 of
... kind of conduct generally and the other to prohibit a specific instance of such
(5) The offense is defined as a continuing course of conduct and the
defendant’s course of conduct was uninterrupted, unless the law provides that
specific periods of conduct constitute separate offenses.
staff draft tentative report - New Jersey Law Revision Commission
... average buyers have expectations about legal terms governing sales transactions. The exception
for “express acceptance” virtually undoes the protection contained in the limitation.
Section 2.11 of the Restatement (Second) of Contracts generally enforces standard form
contracts except, “Where the oth ...
... understandable language, is an example of a fairness mechanism which is not
contained under the encompassing right to fair, just, and reasonable terms and
conditions. This, then, makes it difficult for suppliers to understand the concept
"fairness" in such a way that they are able to know whether a ...
... • Look at the terms of the agreement itself
• If the terms show intention to create legal relationship
• If the terms do not provide a clear answer, the Court would
look at all the surrounding circumstances
• Surrounding circumstances include background of entering
into the agreement, rel ...
Primary and Secondary Obligations
... The surety becomes liable contemporaneously with the principal, undertaking to pay his obligation, and the consideration
which binds the principal is sufficient to bind the surety. If the
surety is compelled to pay. he has the right, without any express
agreement, to bring an action against the prin ...
Sample Chapter Solved Scanner CA-CPT Paper-2
... communicated by an authorised person before the offer to lapses.
All innocent promises collateral to the main illegal promise contained in a
contract will be regarded as illegal.
An offer must be communicated to the person to whom it is made. One can
accept the offer only when be knows about it thus ...
Business Law Now!: Exercises - Open University of Tanzania
... 6. The obligation to follow precedent encourages the exercise of judicial discretion and deterring
bias, as well as protecting judges from professional criticism, thus encouraging the effective
operation of the legal system.
List of Disadvantages of Judicial Precedent
1. Precedent is resistant to ...
Harm, Ambiguity, and the Regulation of Illegal Contracts
... plaintiffs, and others who can impose the collateral consequences. Contracts that are only arguably illegal and do not obviously impose harm are
much more likely to be litigated than a drug deal gone wrong or a dispute
over a murder hit.28 Compare these obviously illegal and harmful contracts
to a c ...
Contracts -Schooner – Fall 2011
... 2. But 79(e) says that judge may say there is fraud or
misrepresentation, contract under duress?
HAMER v. SIDWAY (uncle promises $5k for nephew not to drink/smoke until 21)
Issue: Is the uncle’s promise supported by the consideration enough to create an enforceable
Rule: Yes. If anoth ...
Suire v. Lafayette City-Parish Consolidated Government and
... A. DetrimentalReliance at Common Law
At common law, legal scholars essentially equate detrimental
reliance with the concept of promissory estoppel, which prevents a
party from reneging on a promise he has made. 27 The doctrine of
detrimental reliance is an equitable remedy for the problem of what
An Illinois Choice: Fossil Law or an Action for Promissory Fraud?
... Michael J. Polelle*
Fossil law, while it has historical interest, must not be allowed to outlive
its utility. If synchronizing the law with the state of society is result-oriented,
then the courts need to be result-orientedand should not hesitate to depart
from a rule whose origin is obscure and who ...
Allen - NYU Law
... Apparent authority – reasonable from contact with the P to conclude that the A has
authority. Equitable remedy provided to prevent unfairness to third parties. Holds
even if the P has expressly limited A’s actions. If it is an ordinary transaction that the
agent has repeatedly done in the past, it m ...
Hey, But It`s My Money! Ownership And The Enforcement Of
... dominion over found instruments as potential defendants in an
Article 3 conversion action.12 The second sentence specifically
identifies takers of instruments, payor banks, depositary banks, and
other collecting banks who engage in transactions with persons not
entitled to enforce such instruments a ...
The Waiver of Consequential Damages in the A201
... damages will only be available as compensation for a breach of contract if
they were within the reasonable contemplation of both parties at the time
they entered into the contract.
“are we there yet?”: is there a contract, and what does it contain?
... The New Zealand courts have suggested that there is a natural inference that parties to
agreements for sale and purchase of land, and commercial agreements generally, intend
to contract by a document which each will be required to sign, and that the parties would
expect their solicitors to handle th ...
Consequential Damages for Commercial Loss
... The rule for recovery of contract damages was framed by the Hadley court as follows:
Where two parties have made a contract which one of them has
broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and
reasonably be considered ...
If you are told on the facts of the problem that there has been an agreement then
just state there is one and move on.
Only explore if there is some uncertainty
“a clear statement of the terms by which the person making the offer is prepared to be
A mere puff: a non-promissory ...
consumer law 2009 update
... warranty; “The deceptive act that plaintiffs allege here is that,
without disclosing to Chun that the Extension could not be
cancelled, BMW Manhattan placed the charge for the Extension on his
service invoice, and acted as though such placement have BMW
Manhattan a mechanic’s lien on the Car. Such a ...
ASBO Agendas, Minutes, Conflict of Interest
... ANSWER: to receive a direct benefit from a
contract between his/her school district and
a third party, the person, the person's
spouse, or any other person with whom the
person lives and commingles assets --(1) must be a party to or intended beneficiary
of the contract , or
Consideration - 2012 Book Archive
... fair terms.”Restatement (Second) of Contracts, Section 87(b). If, however, the
option is for an unreasonably long period of time and the underlying bargain is
unfair (the Restatement gives as an example a ten-year option permitting the
optionee to take phosphate rock from a widow’s land at a per-ton ...
Limited Liability and the Corporation - Chicago Unbound
... ity means that the investors in the corporation are not liable for
more than the amount they invest. A person who pays $100 for
stock risks that $100, but no more. A person why buys a bond for
$100 or sells goods to the firm for $100 on credit risks $100, but no
more. The managers and the other work ...
South African law of delict
The South African law of delict engages primarily with ""the circumstances in which one person can claim compensation from another for harm that has been suffered."" JC Van der Walt and Rob Midgley define a delict ""in general terms [...] as a civil wrong,"" and more narrowly as ""wrongful and blameworthy conduct which causes harm to a person."" Importantly, however, the civil wrong must be an actionable one, resulting in liability on the part of the wrongdoer or tortfeasor.The delictual inquiry ""is in fact a loss-allocation exercise, the principles and rules of which are set out in the law of delict."" The classic remedy for a delict is compensation: a claim of damages for the harm caused. If this harm takes the form of patrimonial loss, one uses the Aquilian action; if pain and suffering associated with bodily injury, a separate action arises, similar to the Aquilian action but of Germanic origin; finally, if the harm takes the form of injury to a personality interest (an injuria), the claim is made in terms of the actio injuriarum.