Consideration - 2012 Book Archive
... Aspen, 1973), 46. In short, “courts do not inquire into the adequacy of consideration.” Of course, normally, parties to contracts will not make such a one-sided deal as Scrooge and Caspar’s. But there is a common class of contracts in which nominal consideration—usually one dollar—is recited in prin ...
... Aspen, 1973), 46. In short, “courts do not inquire into the adequacy of consideration.” Of course, normally, parties to contracts will not make such a one-sided deal as Scrooge and Caspar’s. But there is a common class of contracts in which nominal consideration—usually one dollar—is recited in prin ...
Contracts Outline (Murphy)
... between bargain theory and B/D rule i. Example: Hamer v. Sidway: 1. Nephew’s forbearance of legal right = detriment 2. Alternately, bargain: uncle derives significant benefit from his nephew leading a healthy life and the nephew gets money out of it) ii. Bargain theory typically be more restrictive ...
... between bargain theory and B/D rule i. Example: Hamer v. Sidway: 1. Nephew’s forbearance of legal right = detriment 2. Alternately, bargain: uncle derives significant benefit from his nephew leading a healthy life and the nephew gets money out of it) ii. Bargain theory typically be more restrictive ...
Secured Transactions Summary: Fall 2001
... K of suretyship – ex. parent agrees to repay lender if child defaults Management and principal shareholders of closely-held corporations personally guarantee the debt obligations contracted by the corporation (non-suretyship personal security) Also includes fidelity bonds, performance insuranc ...
... K of suretyship – ex. parent agrees to repay lender if child defaults Management and principal shareholders of closely-held corporations personally guarantee the debt obligations contracted by the corporation (non-suretyship personal security) Also includes fidelity bonds, performance insuranc ...
200606DiazBus - UNC School of Government
... Compare Melton v. Family First Mortg. Corp., 156 N.C. App. 129, 576 S.E.2d 365 (2003)(SJ for defendant proper with respect to handling of mortgage documents where plaintiff failed to show that any of the allegedly unfair or deceptive acts violated industry standards or caused actual injury), with Wa ...
... Compare Melton v. Family First Mortg. Corp., 156 N.C. App. 129, 576 S.E.2d 365 (2003)(SJ for defendant proper with respect to handling of mortgage documents where plaintiff failed to show that any of the allegedly unfair or deceptive acts violated industry standards or caused actual injury), with Wa ...
I - Free Law School Outlines Professor Subject
... consideration - something of value received by a promisor from a promisee; necessary for an agreement to be enforceable; it can include a benefit (right, interest or profit), or a detriment (forebearance, loss or responsibility). Consideration requires the voluntary assumption of an obligation by on ...
... consideration - something of value received by a promisor from a promisee; necessary for an agreement to be enforceable; it can include a benefit (right, interest or profit), or a detriment (forebearance, loss or responsibility). Consideration requires the voluntary assumption of an obligation by on ...
western world insurance company uninsured and underinsured
... Uninsured motorist insurance provides protection for bodily injuries caused by a negligent motorist who has no insurance. Underinsured motorist coverage provides protection if the negligent motorist does not have enough liability insurance to pay for the injuries caused. For a more detailed explanat ...
... Uninsured motorist insurance provides protection for bodily injuries caused by a negligent motorist who has no insurance. Underinsured motorist coverage provides protection if the negligent motorist does not have enough liability insurance to pay for the injuries caused. For a more detailed explanat ...
contracts review - NYU School of Law
... iii) Disagreement about whether promises to pay for services between unmarried cohabitants are enforceable. iv) Though most marital/family services are still presumed gratuitous, restitution may sometimes be granted for extraordinary promises made between spouses. (1) Pyeatte v. Pyeatte, Arizona App ...
... iii) Disagreement about whether promises to pay for services between unmarried cohabitants are enforceable. iv) Though most marital/family services are still presumed gratuitous, restitution may sometimes be granted for extraordinary promises made between spouses. (1) Pyeatte v. Pyeatte, Arizona App ...
International Distribution Overview of Relevant
... - directly or indirectly fix purchase or selling prices or any other trading conditions; - limit or control production, markets, technical development, or investment; - share markets or sources of supply; - apply dissimilar conditions to equivalent transactions with other trading parties, thereby pl ...
... - directly or indirectly fix purchase or selling prices or any other trading conditions; - limit or control production, markets, technical development, or investment; - share markets or sources of supply; - apply dissimilar conditions to equivalent transactions with other trading parties, thereby pl ...
1. Assignment – contract rights are assigned for value, occasionally
... Traditional trend is the 4-corner rule: If the instrument is complete on its face, the instrument is presumed to be a total integration. The court determines whether the writing is complete on its face solely by looking at the instrument. The modern trend is what we're supposed to use as the basic r ...
... Traditional trend is the 4-corner rule: If the instrument is complete on its face, the instrument is presumed to be a total integration. The court determines whether the writing is complete on its face solely by looking at the instrument. The modern trend is what we're supposed to use as the basic r ...
UCC - Article 1 (2001-2002 ed.)
... (d) the lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed, or (e) the lessee has an option to become the owner of the goo ...
... (d) the lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed, or (e) the lessee has an option to become the owner of the goo ...
A Marriage between Socialist, Third World, Common, and Civil Law
... To encourage large-scale adoption, the Convention does not encompass subjects considered too controversial for agreement. Liability for defective products, for example, varies in different countries. Some have a developed system of product liability law, others do not. The Convention thus limits its ...
... To encourage large-scale adoption, the Convention does not encompass subjects considered too controversial for agreement. Liability for defective products, for example, varies in different countries. Some have a developed system of product liability law, others do not. The Convention thus limits its ...
Contracts -Schooner – Fall 2011
... a. When a party makes a promise, fails to fulfill it, then benefits by taking advantage of someone else, don’t want benefit from a wrongdoing- Want them to give back any illgotten gains 2. Offer and Acceptance in Bilateral Contracts a. Bilateral Contract- exchange of a promise for a promise i. Both ...
... a. When a party makes a promise, fails to fulfill it, then benefits by taking advantage of someone else, don’t want benefit from a wrongdoing- Want them to give back any illgotten gains 2. Offer and Acceptance in Bilateral Contracts a. Bilateral Contract- exchange of a promise for a promise i. Both ...
MoU between IETE and Redefine
... MOU shall be effective from the date of signing and shall remain in force for a period of two years. It shall automatically be renewed for next two years until & unless discontinued by either party. The INSTITUTION has the right to terminate the agreement for non-performance of the ASSOCIATE, based ...
... MOU shall be effective from the date of signing and shall remain in force for a period of two years. It shall automatically be renewed for next two years until & unless discontinued by either party. The INSTITUTION has the right to terminate the agreement for non-performance of the ASSOCIATE, based ...
Contracts ii - Free Law School Outlines
... recover for loss that could have been avoided by simply stopping performance – compare to – Duty To Mitigate Damages – duty to decrease damages; injured party cannot recover for loss that could have been avoided by taking affirmative steps to arrange the substitute transaction UCC provides for m ...
... recover for loss that could have been avoided by simply stopping performance – compare to – Duty To Mitigate Damages – duty to decrease damages; injured party cannot recover for loss that could have been avoided by taking affirmative steps to arrange the substitute transaction UCC provides for m ...
the set-aside shall be withdrawn and the requirement, if still valid
... source basis provided: (1) The anticipated award price of the contract (including options) will not exceed $5 million; (2) The requirement is synopsized in accordance with FAR part 5; (3) The VOSB concern has been determined to be a responsible contractor with respect to performance; (4) Award can b ...
... source basis provided: (1) The anticipated award price of the contract (including options) will not exceed $5 million; (2) The requirement is synopsized in accordance with FAR part 5; (3) The VOSB concern has been determined to be a responsible contractor with respect to performance; (4) Award can b ...
`Uses and Misuses of `Mutuality of Obligations`
... This paper was originally conceived as a contribution to the conference held in Oxford in July 2013 on the topic 'Labour Law in Oxford: Past, Present, Future’. The conference programme suggested that the event was organised ‘on the occasion of Professor Mark Freedland's retirement from his tutorial ...
... This paper was originally conceived as a contribution to the conference held in Oxford in July 2013 on the topic 'Labour Law in Oxford: Past, Present, Future’. The conference programme suggested that the event was organised ‘on the occasion of Professor Mark Freedland's retirement from his tutorial ...
Incomplete Contracts in a Complete Contract World
... Contracts are never fully complete, because some contractual incompleteness is inevitable, given the costs of thinking about, bargaining over, and drafting for future contingencies. 2 In addition, contracting parties may sometimes leave contracts incomplete on purpose, either because one or both of ...
... Contracts are never fully complete, because some contractual incompleteness is inevitable, given the costs of thinking about, bargaining over, and drafting for future contingencies. 2 In addition, contracting parties may sometimes leave contracts incomplete on purpose, either because one or both of ...
The Personal Liabilities of Insolvency Practitioners under Insolvency
... As previously mentioned, Canadian trustees play a pivotal role in the liquidation of bankrupt estates under the BIA. The trustees are required to be licensed by the Superintendent of Bankruptcy22 and are subject to the Superintendent’s ongoing supervision and control. Importantly, trustee licences m ...
... As previously mentioned, Canadian trustees play a pivotal role in the liquidation of bankrupt estates under the BIA. The trustees are required to be licensed by the Superintendent of Bankruptcy22 and are subject to the Superintendent’s ongoing supervision and control. Importantly, trustee licences m ...
Gillette - NYU School of Law
... program. She did, but was fired a year later. Martel argued that there was no detriment, as she had received an MBA and the company had received nothing. C. Was it Bargained For? (Replaced Benefit-Detriment Rule) – R2 § 71(1) ◦ Was it a gratuitous promise? (promise to make a gift) ▪ Tests to help de ...
... program. She did, but was fired a year later. Martel argued that there was no detriment, as she had received an MBA and the company had received nothing. C. Was it Bargained For? (Replaced Benefit-Detriment Rule) – R2 § 71(1) ◦ Was it a gratuitous promise? (promise to make a gift) ▪ Tests to help de ...
Modern: Question with Sample Answer Chapter 17: Sole
... Classen cannot hold Daniel liable as a partner, because a true partnership never existed; nor is Daniel liable under a theory of partnership by estoppel. A partnership is defined as an association of two or more persons to conduct, as co-owners, a business for profit [UPA 101(6)]. To determine that ...
... Classen cannot hold Daniel liable as a partner, because a true partnership never existed; nor is Daniel liable under a theory of partnership by estoppel. A partnership is defined as an association of two or more persons to conduct, as co-owners, a business for profit [UPA 101(6)]. To determine that ...
LESSON 9-1 What is Consideration?
... Businesses typically include termination clauses in contracts in case their circumstances change. A termination clause gives one party the power to terminate a contract for any reason; the promise to perform would be illusory. On the other hand, if termination is allowed only after a change in ...
... Businesses typically include termination clauses in contracts in case their circumstances change. A termination clause gives one party the power to terminate a contract for any reason; the promise to perform would be illusory. On the other hand, if termination is allowed only after a change in ...
Contracts Outline, Fall 2003, Prof. Haley
... Where the offeror has stated or given the offeree reason to understand that assent may be manifested by silence or inaction, and the offeree in remaining silent and inactive intends to accept the offer. iii. Where because of previous dealings or otherwise, it is reasonable that the offeree should no ...
... Where the offeror has stated or given the offeree reason to understand that assent may be manifested by silence or inaction, and the offeree in remaining silent and inactive intends to accept the offer. iii. Where because of previous dealings or otherwise, it is reasonable that the offeree should no ...
Contracts - Eisenberg - 2004 Spring - outline 2
... commitment (even if condition is within promisor’s control) b/c if condition occurs, promisor must perform (has limited his options). Doctrine of Mutuality is Eroding: Laclede v. Amoco (1975) A bilateral K is not rendered invalid and unenforceable merely because one party has the right to cancella ...
... commitment (even if condition is within promisor’s control) b/c if condition occurs, promisor must perform (has limited his options). Doctrine of Mutuality is Eroding: Laclede v. Amoco (1975) A bilateral K is not rendered invalid and unenforceable merely because one party has the right to cancella ...
Contracts – Hull (2007-08) - St. Thomas More – Loyola Law School
... The Second Restatement of Contracts (R.2d) governs non sale of goods cases, and Article 2 of the Uniform Commercial Code (UCC) governs sale of goods cases and may be applied by analogy in non sale of goods cases. Under the UCC, a sale consists in passing title of identified goods from the seller to ...
... The Second Restatement of Contracts (R.2d) governs non sale of goods cases, and Article 2 of the Uniform Commercial Code (UCC) governs sale of goods cases and may be applied by analogy in non sale of goods cases. Under the UCC, a sale consists in passing title of identified goods from the seller to ...