contracts outline
... 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 ...
... 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 ...
Consideration - 2012 Book Archive
... 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 payment of only one-fourth the prevailing rate), then the courts are unlikely ...
... 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 payment of only one-fourth the prevailing rate), then the courts are unlikely ...
Chapter 4
... – What do they expect to find under “About Us”? – What can you put on the home page for a college that will lead most directly to the tuition? ...
... – What do they expect to find under “About Us”? – What can you put on the home page for a college that will lead most directly to the tuition? ...
Marketing liability in Finnish insurance law – implications for contract
... The aim of this study is to analyze the theoretical implications of the marketing liability rule, section 9.1 in the Finnish Insurance Contract Act (543/1994), for general contract law. The analysis is applied to the situation where marketing or sales information gives a wrong impression about subse ...
... The aim of this study is to analyze the theoretical implications of the marketing liability rule, section 9.1 in the Finnish Insurance Contract Act (543/1994), for general contract law. The analysis is applied to the situation where marketing or sales information gives a wrong impression about subse ...
the divergence of contract and promise
... Thomas Nagel, Melanie Phillips, Todd Rakoff, Jennifer Roche, William Rubenstein, Steven Shiffrin, and audience members at the Analytical Legal Philosophy Conference, Boalt Hall, the Harvard Law School Faculty Colloquium, the NYU Law and Philosophy Colloquium, the September Group, and the Stanford Le ...
... Thomas Nagel, Melanie Phillips, Todd Rakoff, Jennifer Roche, William Rubenstein, Steven Shiffrin, and audience members at the Analytical Legal Philosophy Conference, Boalt Hall, the Harvard Law School Faculty Colloquium, the NYU Law and Philosophy Colloquium, the September Group, and the Stanford Le ...
Section 1: Capacity to Contract: Infancy, Mental Incompetence
... 1) where a mistake of both parties at the time a K was made as to a basic assumption on which the K was made has a material effect on the agreed exchange of performances, the K is voidable by the adversely affected party unless he bears the risk of the mistake. R2d §153 Unlitateral Mistake Makes a K ...
... 1) where a mistake of both parties at the time a K was made as to a basic assumption on which the K was made has a material effect on the agreed exchange of performances, the K is voidable by the adversely affected party unless he bears the risk of the mistake. R2d §153 Unlitateral Mistake Makes a K ...
Business Law Now!: Exercises - Open University of Tanzania
... Within any society and legal system, what is meant by the ideal of the ‘rule of the law’? Answer: The rule of low in any democratic society, embodies three main propositions that are based on the ideals of democracy, fairness and justice and include that:• No person must be punished except for a br ...
... Within any society and legal system, what is meant by the ideal of the ‘rule of the law’? Answer: The rule of low in any democratic society, embodies three main propositions that are based on the ideals of democracy, fairness and justice and include that:• No person must be punished except for a br ...
Contracts - Eisenberg - 2004 Spring - outline 2
... Bacardi’s breaks promise and ruins D&G’s negotiations; B liable thru promissory estoppel (no exchange occurred where a bargain would apply); b/c employment was terminable at will, and is difficult to sue under expectation damages b/c don’t know what to expect, B is liable for D&G’s reliance damage ...
... Bacardi’s breaks promise and ruins D&G’s negotiations; B liable thru promissory estoppel (no exchange occurred where a bargain would apply); b/c employment was terminable at will, and is difficult to sue under expectation damages b/c don’t know what to expect, B is liable for D&G’s reliance damage ...
An Illinois Choice: Fossil Law or an Action for Promissory Fraud?
... execution is to occur in the future.2 5 Summarizing the current legal landscape, Prosser states that "[aill but a few courts regard a misstatement of a present intention as a misrepresentation of a material fact; and a promise made without the intent to perform it is held to be a sufficient basis of ...
... execution is to occur in the future.2 5 Summarizing the current legal landscape, Prosser states that "[aill but a few courts regard a misstatement of a present intention as a misrepresentation of a material fact; and a promise made without the intent to perform it is held to be a sufficient basis of ...
15-22B-01 Uniform Computer Information
... authorizing parties to an agreement within the scope of this Act to expressly agree that certain provisions of this Act do not apply to the agreement; prohibiting parties to an agreement within the scope of this Act from agreeing that certain provisions of this Act do not apply to the agreement; pro ...
... authorizing parties to an agreement within the scope of this Act to expressly agree that certain provisions of this Act do not apply to the agreement; prohibiting parties to an agreement within the scope of this Act from agreeing that certain provisions of this Act do not apply to the agreement; pro ...
`Uses and Misuses of `Mutuality of Obligations`
... employment. But his main purpose was not that of introducing a second structural limb – certainly not a second hurdle - for a work relation to be classified as a contract of employment at its formation stage. His true intentions were apparent, in the view of the present author, from the pages of his ...
... employment. But his main purpose was not that of introducing a second structural limb – certainly not a second hurdle - for a work relation to be classified as a contract of employment at its formation stage. His true intentions were apparent, in the view of the present author, from the pages of his ...
Hong Kong Contracts
... People need to be able to deal with one another in ways which change their mutual legal obligations. We all have duties and privileges, arising from convention or from our status, for example as parent, child or citizen, but they do not provide us with all we need for our daily lives. Now it is obvi ...
... People need to be able to deal with one another in ways which change their mutual legal obligations. We all have duties and privileges, arising from convention or from our status, for example as parent, child or citizen, but they do not provide us with all we need for our daily lives. Now it is obvi ...
Consumer Protection: Article Two of the UCC
... Since, from the seller's viewpoint, the low income consumer may well represent a high risk, price and credit provisions of contracts with such parties may indeed read harshly before their necessity need be doubted. This does not mean, however, that a merchant seeking to hold the other party to such ...
... Since, from the seller's viewpoint, the low income consumer may well represent a high risk, price and credit provisions of contracts with such parties may indeed read harshly before their necessity need be doubted. This does not mean, however, that a merchant seeking to hold the other party to such ...
Emanuel Law Outlines
... A. Offer made in jest: An offer which the offeree knows or should know is made in jest is not a valid offer. Thus even if it is "accepted," no contract is created. [16] B. Preliminary negotiations: If a party who desires to contract solicits bids, this solicitation is not an offer, and cannot be acc ...
... A. Offer made in jest: An offer which the offeree knows or should know is made in jest is not a valid offer. Thus even if it is "accepted," no contract is created. [16] B. Preliminary negotiations: If a party who desires to contract solicits bids, this solicitation is not an offer, and cannot be acc ...
white paper on Frustration and Force Majeure.
... Impossibility must however be distinguished from commercial impracticability. In Davis Contractors Ltd v. Fareham Urban District Council [1956] AC 696, building work took some 14 months longer than expected and cost around £20,000 more than the contract price. In the circumstances, as the work had b ...
... Impossibility must however be distinguished from commercial impracticability. In Davis Contractors Ltd v. Fareham Urban District Council [1956] AC 696, building work took some 14 months longer than expected and cost around £20,000 more than the contract price. In the circumstances, as the work had b ...
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 ...
... 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 ...
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 ...
I - Free Law School Outlines Professor Subject
... enough that something is promised, done, forborne or suffered by the party to whom the promise is made as consideration for the promise made to him. Note: dying doesn’t impact enforceability of K Note: A K made by a minor is voidable, but not void. One-sided rule: only the person against whom enforc ...
... enough that something is promised, done, forborne or suffered by the party to whom the promise is made as consideration for the promise made to him. Note: dying doesn’t impact enforceability of K Note: A K made by a minor is voidable, but not void. One-sided rule: only the person against whom enforc ...
Newly Identified Contract Unconscionability
... suspect that courts are influenced by factors which have nothing to do with foreseeability. Particularly apparent is an impulse to preserve some proportion between the liability imposed on the defendant and the compensation which was paid him under the contract." Id. at 88); Ricks, A Comparison of t ...
... suspect that courts are influenced by factors which have nothing to do with foreseeability. Particularly apparent is an impulse to preserve some proportion between the liability imposed on the defendant and the compensation which was paid him under the contract." Id. at 88); Ricks, A Comparison of t ...
Incomplete Contracts in a Complete Contract World
... behave strategically (when a party invests in the relationship simply to trigger the RSI default). If the proposed investment is inefficient—the investment is unlikely to create a surplus that the parties can divide up through side payments—the noninvesting party can object. Furthermore, the notice ...
... behave strategically (when a party invests in the relationship simply to trigger the RSI default). If the proposed investment is inefficient—the investment is unlikely to create a surplus that the parties can divide up through side payments—the noninvesting party can object. Furthermore, the notice ...
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 ...
ClassNotesContractsPhillipsFull
... Sullivan sued plastic surgeon after nose fix made it worse. Claims both malpractice and breach of contract. Doctor made express warranty that nose would be better after surgery; this warranty was violated. Under malpractice claim, need to prove negligence; but under contract claim, need only to prov ...
... Sullivan sued plastic surgeon after nose fix made it worse. Claims both malpractice and breach of contract. Doctor made express warranty that nose would be better after surgery; this warranty was violated. Under malpractice claim, need to prove negligence; but under contract claim, need only to prov ...
Ch 1 Outline THE NATURE OF LAW - Law consists of enforceable
... THE NATURE OF LAW - Law consists of enforceable rules governing relationships among individuals and between individuals and their society. A. THE NATURAL LAW TRADITION - Natural law is a system of moral and ethical principles that are believed to be inherent in human nature and discoverable by human ...
... THE NATURE OF LAW - Law consists of enforceable rules governing relationships among individuals and between individuals and their society. A. THE NATURAL LAW TRADITION - Natural law is a system of moral and ethical principles that are believed to be inherent in human nature and discoverable by human ...
Word - Washington University School of Law
... occurrence of condition was not an element of the risk assumed by the party who gave the waiver c) These can be retracted if ALL 4 ARE MET: i) Waiver wasn’t given for separate considerations ii) Other party hasn’t changed position in reliance on waiver iii) Relates to a condition to be fulfilled by ...
... occurrence of condition was not an element of the risk assumed by the party who gave the waiver c) These can be retracted if ALL 4 ARE MET: i) Waiver wasn’t given for separate considerations ii) Other party hasn’t changed position in reliance on waiver iii) Relates to a condition to be fulfilled by ...