Taxonomy of Licenses
... addressed directly in a court so lawyers have no good way to predict how they will ultimately be answered. In the absence of a court decision interpreting bare open source copyright licenses, distributors of software under such licenses should ask their attorneys whether they have adequate protectio ...
... addressed directly in a court so lawyers have no good way to predict how they will ultimately be answered. In the absence of a court decision interpreting bare open source copyright licenses, distributors of software under such licenses should ask their attorneys whether they have adequate protectio ...
RTF format
... for example of a vehicle, through which the harm was done, may provide material for inference, but by itself is irrelevant. Accordingly the master will not be liable merely because he is the owner of the vehicle used by the servant with his permission and entrusted by him to the servant.6 [7] The an ...
... for example of a vehicle, through which the harm was done, may provide material for inference, but by itself is irrelevant. Accordingly the master will not be liable merely because he is the owner of the vehicle used by the servant with his permission and entrusted by him to the servant.6 [7] The an ...
Contracts - Eisenberg - 2004 Spring - outline 2
... Loan of $25 (Greek) with express promise to pay back $2000 is valid consideration (loan obviously worth $2000 to her). Unconscionability Unconscionability is determined based on when the K is made. Substantive: Overtly harsh terms; unjust or 1-sided K; sometimes sufficient in itself to avoid a ter ...
... Loan of $25 (Greek) with express promise to pay back $2000 is valid consideration (loan obviously worth $2000 to her). Unconscionability Unconscionability is determined based on when the K is made. Substantive: Overtly harsh terms; unjust or 1-sided K; sometimes sufficient in itself to avoid a ter ...
Sales Quiz
... 18. Assume that the confirmation memo in question 17 above stated: “This confirms your telephone order of September 15th, quantity 100 mowers.” Johnson receives the memo without objection and Toro delivers the mowers. Then if Johnson were to refuse to pay, claiming that there was no contract, could ...
... 18. Assume that the confirmation memo in question 17 above stated: “This confirms your telephone order of September 15th, quantity 100 mowers.” Johnson receives the memo without objection and Toro delivers the mowers. Then if Johnson were to refuse to pay, claiming that there was no contract, could ...
200606DiazBus - UNC School of Government
... The party charged with violation willfully engaged in the act or practice, and there was an unwarranted refusal by such party to fully resolve the matter which constitutes the basis of such suit; Willen v. Hewson, 622 S.E.2d 187 (N.C. Ct. App. 2005); or The party instituting the action knew, or shou ...
... The party charged with violation willfully engaged in the act or practice, and there was an unwarranted refusal by such party to fully resolve the matter which constitutes the basis of such suit; Willen v. Hewson, 622 S.E.2d 187 (N.C. Ct. App. 2005); or The party instituting the action knew, or shou ...
1. Assignment – contract rights are assigned for value, occasionally
... Parol testimony is admissible to prove a condition precedent to the legal effectiveness of a written contract if the condition does not contradict the express terms of such a writing. Evidence of subsequent agreements will not be barred by the parol evidence rule. The rule only applies to agreements ...
... Parol testimony is admissible to prove a condition precedent to the legal effectiveness of a written contract if the condition does not contradict the express terms of such a writing. Evidence of subsequent agreements will not be barred by the parol evidence rule. The rule only applies to agreements ...
Yes - Simon Business School
... • Conform to affirmation • Usually not possible • Conform to promise • Conform to sample model, or description ...
... • Conform to affirmation • Usually not possible • Conform to promise • Conform to sample model, or description ...
Consideration - 2012 Book Archive
... other to make a purchase on agreed terms. The courts will enforce these contracts if the dollar is intended “to support a short-time option proposing an exchange on fair terms.”Restatement (Second) of Contracts, Section 87(b). If, however, the option is for an unreasonably long period of time and th ...
... other to make a purchase on agreed terms. The courts will enforce these contracts if the dollar is intended “to support a short-time option proposing an exchange on fair terms.”Restatement (Second) of Contracts, Section 87(b). If, however, the option is for an unreasonably long period of time and th ...
Scott - NYU School of Law
... - Policy reasons: even though it increases the costs of information and wastes efforts, forced disclosure creates incentive not to discover by either party since they do not receive the benefit from finding information, only the cost. We want people to invest in getting information to better utilize ...
... - Policy reasons: even though it increases the costs of information and wastes efforts, forced disclosure creates incentive not to discover by either party since they do not receive the benefit from finding information, only the cost. We want people to invest in getting information to better utilize ...
Contracts – 2010/2011 – MacDougall
... → All terms of the contract are in the offer. a. Offer and Invitation to Treat .................................................................................................................................................. An offer is intended to be legally binding, while an invitation to treat i ...
... → All terms of the contract are in the offer. a. Offer and Invitation to Treat .................................................................................................................................................. An offer is intended to be legally binding, while an invitation to treat i ...
A Transactional View of Property Rights
... Property rights and contract law are two of our most basic legal categories. Many legal scholars describe what makes them different; this Essay describes how they work together to promote economic exchange. Incorporating the insights of both “transaction cost” and “new property rights” economics, it ...
... Property rights and contract law are two of our most basic legal categories. Many legal scholars describe what makes them different; this Essay describes how they work together to promote economic exchange. Incorporating the insights of both “transaction cost” and “new property rights” economics, it ...
II. Damages - Internet Legal Research Group
... A. Expectation, Restitution, Reliance in general, damages must be determined with certainty courts don’t commonly make parties adhere to contracts, usually makes one party pay other party for damages caused punitive damages are not usually given in breach of contract disputes ...
... A. Expectation, Restitution, Reliance in general, damages must be determined with certainty courts don’t commonly make parties adhere to contracts, usually makes one party pay other party for damages caused punitive damages are not usually given in breach of contract disputes ...
preamended - Colorado General Assembly
... the payment of a monetary amount. The bill clarifies that the procedures also apply whenever a court enters a judgment or issues an order obligating a defendant to pay an amount to the court. The bill modifies the procedures by requiring notice to a defendant that if he or she is unable to pay: ...
... the payment of a monetary amount. The bill clarifies that the procedures also apply whenever a court enters a judgment or issues an order obligating a defendant to pay an amount to the court. The bill modifies the procedures by requiring notice to a defendant that if he or she is unable to pay: ...
CASE LAW
... Chapter III F, “The Status of Bona Fide Purchaser or Encumbrancer’1, section 4, at p. 11132; F, at p. 111-40, infra.) As a result, the trustor will have incurred damage. The trustee will be liable to the trustor for damages resulting from the trustee’s bad faith, fraud or deceit (Scott v. Security T ...
... Chapter III F, “The Status of Bona Fide Purchaser or Encumbrancer’1, section 4, at p. 11132; F, at p. 111-40, infra.) As a result, the trustor will have incurred damage. The trustee will be liable to the trustor for damages resulting from the trustee’s bad faith, fraud or deceit (Scott v. Security T ...
I - Free Law School Outlines Professor Subject
... RSC §71 Requirement of Exchange, p 209: Consideration is a performance or a return promise that is bargained for as part of an exchange. Performance may consist of an act other than a promise, a forebearance, or the creation, modification or destruction of a legal relation. The promise can be given ...
... RSC §71 Requirement of Exchange, p 209: Consideration is a performance or a return promise that is bargained for as part of an exchange. Performance may consist of an act other than a promise, a forebearance, or the creation, modification or destruction of a legal relation. The promise can be given ...
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 ...
Word - Washington University School of Law
... (iv) Performance – once contract has been performed, legal duty rule is inapplicable and promisor can’t take money back unless she was under duress/fraud, etc. 1. if promise is made under economic duress – no reasonable alternative – and contract is for existing legal duty, payment in excess of cont ...
... (iv) Performance – once contract has been performed, legal duty rule is inapplicable and promisor can’t take money back unless she was under duress/fraud, etc. 1. if promise is made under economic duress – no reasonable alternative – and contract is for existing legal duty, payment in excess of cont ...
Florida`s Revised Commercial Paper Law
... The Montano case, however, was decided long before the conversion by banks to an automated system of processing checks. Because of such automation, banks and bankers now assert that a more lenient standard of negligence should govern since very few checks are actually examined by bank employees. The ...
... The Montano case, however, was decided long before the conversion by banks to an automated system of processing checks. Because of such automation, banks and bankers now assert that a more lenient standard of negligence should govern since very few checks are actually examined by bank employees. The ...
SLBE 5% Price Pref Explanation
... for application of the 5% price preference (or any other API under this SBLE Program), the certified Small Local Business Enterprise Joint Venture must perform at least 51% of the total contract cost, with its own forces, and the SLBE Joint Venture partner must own and manage at least 51% of the Joi ...
... for application of the 5% price preference (or any other API under this SBLE Program), the certified Small Local Business Enterprise Joint Venture must perform at least 51% of the total contract cost, with its own forces, and the SLBE Joint Venture partner must own and manage at least 51% of the Joi ...
It should be noted that, since this submission was submitted, the
... We are concerned that the SRR in the form proposed raises issues which potentially are highly prejudicial to the international capital markets and particularly prejudicial to UK Banks and to London as a centre of banking business. It does not appear that any economic impact assessment addressing the ...
... We are concerned that the SRR in the form proposed raises issues which potentially are highly prejudicial to the international capital markets and particularly prejudicial to UK Banks and to London as a centre of banking business. It does not appear that any economic impact assessment addressing the ...
Contract Law Through the Lens of Laissez-Faire
... believe if one were to take all the cases, and they are many, of implied warranties or covenants in law, it will be found that in all of them the law is raising an implication from the presumed intention of the parties with the object of giving the transaction such efficacy as both parties must have ...
... believe if one were to take all the cases, and they are many, of implied warranties or covenants in law, it will be found that in all of them the law is raising an implication from the presumed intention of the parties with the object of giving the transaction such efficacy as both parties must have ...
What`s the damage? Assessing damages and establishing
... that it would have been better off because it would have had a valuable cause of action against the alternative supplier for breach of warranties, which it had foregone by choosing Steuler. The Court of Appeal rejected BHP’s argument, stating that it was more than speculative to be invited to assess ...
... that it would have been better off because it would have had a valuable cause of action against the alternative supplier for breach of warranties, which it had foregone by choosing Steuler. The Court of Appeal rejected BHP’s argument, stating that it was more than speculative to be invited to assess ...
Scott - NYU School of Law
... If the parties got together 3 years later, the clause would not govern. The release does not cover every event that will happen in the future. Dissent: if the parties did not actually intend for the release to govern what they say it did, then there is an ambiguity (or even w/o the extrinsic evidenc ...
... If the parties got together 3 years later, the clause would not govern. The release does not cover every event that will happen in the future. Dissent: if the parties did not actually intend for the release to govern what they say it did, then there is an ambiguity (or even w/o the extrinsic evidenc ...
Lesson Four
... ► Most states, either by court decision or statute, have now adopted some form of comparative negligence in place of pure, contributory negligence. ► Under comparative negligence, a plaintiff's negligence is not a complete bar to her recovery. Instead the plaintiff's damages are reduced by whatever ...
... ► Most states, either by court decision or statute, have now adopted some form of comparative negligence in place of pure, contributory negligence. ► Under comparative negligence, a plaintiff's negligence is not a complete bar to her recovery. Instead the plaintiff's damages are reduced by whatever ...
The Law of Contracts - Book Companion Site
... not receiving consideration, Carol would have no legal grounds upon which to sue if he later failed to honour his promise. The gratuitous reduction of a debt is another example of an unenforceable contract. Suppose Tony owes Carol $100 and the due date has passed. If Carol asks Tony for $75 stating ...
... not receiving consideration, Carol would have no legal grounds upon which to sue if he later failed to honour his promise. The gratuitous reduction of a debt is another example of an unenforceable contract. Suppose Tony owes Carol $100 and the due date has passed. If Carol asks Tony for $75 stating ...