Framework Agreement Schedule 4 Order form and
... Contract where undisputed sums due are not paid by the Customer. The Customer will not have this right to
terminate unless certain conditions are met. One such condition is that the aggregated amount of undisputed
sums exceeds the “Undisputed Sums Limit”. Please insert an appropriate amount to be th ...
Chapter 25 - North Carolina General Assembly
... obligation that results from the parties' agreement as determined by this
Chapter as supplemented by any other applicable laws.
"Creditor" includes a general creditor, a secured creditor, a lien creditor, and
any representative of creditors, including an assignee for the benefit of
creditors, a trus ...
Article - UCLA Law Review
... manner in which courts conceptualize, decide, and enforce promissory estoppel claims
under § 90 of the Restatement (Second) of Contracts. Specifically, because the
drafters of the Restatement (Second) made several important changes to § 90
of the Restatement (First) with the intent of making promiss ...
ICSID Case No ARB/02/5
... (the “Dan#tay”). The use of such a model, however, would have made the international
financing of projects and the consent to international arbitration of any dispute
problematic. Therefore, Law No. 3996, enacted in 1994, introduced in its Article 5 the
possibility of concluding implementation cont ...
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
... WHEREAS, concurrently with the execution of this Agreement, and as a condition to Buyer’s willingness to enter into this
Agreement, each Specified Employee has executed and delivered an Offer Letter.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other g ...
Regulating Contract Formation: Precontractual Reliance, Sunk
... It is a well-known fact that negotiation is costly. Negotiating parties are required not
only to invest their time and efforts (which means foregoing other opportunities) but
also to pay for information, expert opinions, financial guaranties, and, last but not least,
lawyers’ fees. Furthermore, in c ...
An Economic Analysis of the Duty to Disclose Information: Lessons
... information from seller (knower) to buyer (knowee), as mandated by courts and laws focusing on
the status of the parties, is also incongruent and inapposite with the economic theories requiring the
disclosure of information. This is so because these new laws require inefficient disclosure of
THE BOILERPLATE OF EVERYTHING AND THE IDEAL
... consumer confronted a mandatory pre-dispute arbitration provision must waive the right to settle any future legal
disagreement through the courts; the process of arbitration disproportionately disadvantages those “one-shotters”
(Galanter 97) such as a consumer or employee, who might need the legal f ...
Graduated Consent in Contract and Tort Law: Toward A. Theory of
... express unconsent outweighs hypothetical and implied consent,
thereby rendering the transaction unjustified. By carefully defining
those and related terms, and by describing how they interact to afford
assessments of the justifiability of a wide range of social transactions,
graduated-consent theory ...
... 2.331 Reserved
sales and leases
... City sends check for $3000 as down payment. Seller starts to make it and nearly
finishes but buyer (new administration in city) informs seller that there is no
agreement. Goods were spec. mfg. (golf ball tank); not suitable for resale; they made
a subst. beginning because they completed the tank bef ...
Notice to Bidders [Forms]
... percentage for women or minorities where the percentage of women or minorities
employed by the contractor in a particular job group is less than would reasonably
be expected given their percentage availabilities in the corresponding Cleveland
Contracting Market employment pool. Placement goals are o ...
Logic-Based Tools for the Analysis and Representation of Legal
... (a) To what extent can techniques developed for the representation of legislation and
regulations be transferred and applied usefully in the domain of legal contracts?
(b) What features are specific to legal contracts and what techniques can be developed to
The intended applications in ...
Offer and Acceptance Review
... Canadian History of Restitution
Canada’s history begins with Deglman v. Guaranty Trust Co. of Canada (1954) on the common law side, and Petkus v.
Becker (1980) on the equity side
Today, Canada has the most developed law of restitution in the commonwealth (much influenced by US)
Deglman v. Guaran ...
Contract Theory and the Limits of Reason
... still relevant today, as The Troubled Friend example shows.3 For instance, consider any
law school curriculum in common-law systems, which is still arranged in a grid-like
In contrast, consider the phenomenology of legal reasoning under the energy
Example II: The Judge
A case com ...
ATSWA Study Pack - Business Law
... The ABWA Council, in order to actualise its desire and ensure the success of students at
the examinations of the Accounting Technicians Scheme West Africa (ATSWA), put in
place a Harmonisation Committee, to among other things, facilitate the production of
Study Packs for student. Hitherto, the major ...
Contract Law in Timor-Leste
... them to pay money, called damages, to make up for not doing what they promised to do. More
technically, a contract is a promise or multiple promises, normally between two or more people
or organizations, called “contracting parties,” agreeing to undertake certain legally enforceable
duties or obliga ...
The Insurance Condition Subsequent
... exist in the instance where the parties insert a provision that "the fulfillment of a condition or the occurrence of an event shall discharge them
both from further liabilities under the contract."'" The equivocal nature
of this phraseology is evident, and such a definition, just as in the case
of c ...
Consequential Damages for Commercial Loss
... measured damages 13 and are based on the value of the performance
itself,' 4 independent of the buyer's special circumstances, such as the
difference between market price and contract price.' 5 Consequential
damages are those that arise as a secondary consequence of nonper-6
formance resulting from ...
Utmost Good Faith - Nigerian Law Guru
... material. Based on this general rule of law, a reinsurer could rescind a reinsurance policy
even if the cedent innocently misrepresented a material fact. See Christiania Gen. Ins.
Corp. of N.Y. v. Great American Ins. Co., 979 F.2d 268, 279 (2d Cir. 1992) ("whether
the duty to disclose has been brea ...
Offer and Acceptance, and Some of the Resulting Legal Relations
... contract in sense (3),
(3), as the legal relations between persons
arising from a voluntary
expression of intention, and including
at least one primary
primary right in personam, actual or potential, with
its corresponding duty. Unl ...
Phillips Contracts Winter 1997
... party, but only from some of the consequences or results of such act. Consequential
damages resulting from a seller’s breach of K include any loss resulting from general or
particular requirements and needs of which the seller at the time of contracting had
to know and which could not reasona ...
This article is about a legal term. For the sociological one, see Misrepresentation (sociology).Misrepresentation is a concept in the contract law of England and some other Commonwealth countries, referring to a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may constitute misrepresentation. A finding of misrepresentation allows for a remedy of rescission and sometimes damages depending on the type of misrepresentation. Misrepresentation is also capable of giving rise to an action in tort as well as contract law, for the tort of deceit.According to the judgment in the English case Aswin v Anjana (1986) 18 HLR 219 it is possible to make a misrepresentation either by words or by conduct, although not everything said or done is capable of constituting a misrepresentation. Generally, statements of opinion or intention are not statements of fact in the context of misrepresentation. If one party claims specialist knowledge on the topic discussed, then it is more likely for the courts to hold a statement of opinion by that party as a statement of fact.