Contracts Summary DAMAGES – REMEDIES FOR BREACH OF CONTRACT THE INTERESTS PROTECTED Fuller and Perdue‚ “The Reliance Interest in Contract Damages” There are three principle purposes in awarding contract damages: restitution interest – object is the prevention of unjust enrichment by the defaulting promisor at the expense of the promisee reliance interest – object is to put the plaintiff in a good position as he was before the promise was made expectation interest – object is to put the
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Introduction Marshall and his wife have been introduced into a Sunday school class I am teaching. He is discovering his faith in Christ and has shared in conversation that he owns a small business that could benefit from one of my products. After striking an implied business deal with Marshall‚ our companies begin to flourish with the recent interest in the benefits of Muscadines. As business continues to flourish‚ Marshall takes it upon himself to secretly coerce my 17-year-old son into signing
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endeavour to displace it with a moral code. In order to be influential‚ the law is to be professed as both certain and predictable‚ and also flexible and fair. Specifically‚ it needs clear rules on the one hand‚ but flexibility on the other to produce exceptions to cases that lead to apparently incongruous or unjust conclusions if the rules are applied rigidly. Equity is an essence of principles‚ doctrines‚ and rules advanced initially by the Court of Chancery in positive competition with the rules‚ doctrines
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Multiple Choice 1. The following are the attributes of a private corporation. What is the exception? A) It is an artificial being B) It is created by law C) It has the right of succession D) Its power attributes‚ or properties are expressly authorized by law or incident to its existence E) None of the above 2. A corporation has a personality of its own because it is legal or a juridical person. Which among the following is not a consequence of its separate personality? A) It may
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COMMERICAL LAW EXAM Agency Definition Agency may be defined as a relationship between the principal (P) and the agent (A) whereby A has the authority to create a legal relationship between P and the third party (T). The purpose of agency is that two people can enter a valid contract with one another without having to deal with each other personally. Instead‚ the contract or other transaction is brought about through A who when dealing with T acts or purports to act‚ on behalf of P. Authority
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information from our case‚ assumptions have been made in two scenarios. In both scenarios‚ the court would highlight the exceptions to the rule of legal relations. Under scenario one‚ it is assumed the word separated implies the physical separation of Cindy and Dark and not a legal division. This means that the couple has not filed for a divorce. However‚ the court would make exceptions based on the conduct‚ language and environment of the agreement‚ it can be said that there is a possibility of them
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Scenario: Grocery‚ Inc. is a retail grocery store chain based in Any State; U.S.A. Grocery has stores throughout the United States. Grocery has written contracts with many different vendors to purchase the products they sell in their stores. Vendors range from individuals to international corporations. Tom Green works as the produce manager for the store in My Town‚ U.S.A. Jeff Fresh‚ 17 years old‚ is spending his summer vacation working for Tom in the produce department. Assignment: Using the scenario
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Ltd Implying Objective Standards Biotechnology Australia Ltd v Pace Whitlock v Brew Hall v Busst Agreements to Negotiate Aiton Australia Pty Ltd v Transfield Illusory Promises Meehan v Jones Godecke v Kirwan Placer Development Ltd v Commonwealth ESTOPPEL Je Mainiendrai Pty Ltd v Quaglia Waltons Stores (Interstate) Ltd v
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LAW OF AGENCY The law relating to agency in Kenya is contained in the Factors Act 1889 and the common law as modified by the doctrines of equity. Agency may be defined as a legal relationship that exists between a person called the agent is considered by law to represent another known as the principal in such a way as to affect the principal’s legal position in relation to 3rd parties. It has also been defined as a relationship where a party expressly or implied consents that the other should
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Transfer of title by non-owners is defined as the buyer does not obtain a better title than the seller had when the goods are sold by a person who is not the owner and sells the goods without authority or consent of the owner in s. 27 of SGA 1957. In short‚ it can be said as no one can sell the goods and transfer the ownership of the goods to other unless he is the owner. This rule is further enshrined in the maxim ‘Nemo Dat Quod Non Habet’. It is a Latin phrase meaning that no one can transfer
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