ATENEO CENTRAL BAR OPERATIONS 2007 Civil Law SUMMER REVIEWER OBLIGATIONS AND CONTRACTS TITLE 1 - OBLIGATION • Art. 1156. An obligation is a juridical necessity to give‚ to do or not to do. (n) • neither party may unilaterally evade his obligation in the contract‚ unless: a. Contract authorizes it b. Other party assents Parties may freely enter into any stipulations provided they are not contrary to law‚ morals‚ good customs‚ public order or public policy CHAPTER 1. – GENERAL PROVISIONS See Arts
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Intro and formation of contracts . Basic Legal Contract Principles People have a right to contract – conduct is voluntary. Anything that takes away voluntariness is questionable‚ e.g.‚ duress‚ economic duress‚ fraud‚ coercion. People have right to breach. But must place other party in the same position for which they contracted‚ so must pay them damages. If legal remedy does not work and P is entitled to be placed into performance‚ then must order specific performance. Specific performance
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Recognizing Contract Risk and Opportunities Ebel M. Aquino LAW/531 Sunday‚ June 21‚ 2015 Prof. Israel Camacho-Alicea Risks and Opportunities To do business you always have to measure the risks and opportunities to avoid bad losses resulting from bad operational business practices and poor contract execution. And in this case‚ Puerto Rico is no exception. The Civil Code of Puerto Rico establishes in Article 1213 Contract requirements (31 LPRA § 3391.) But no contract is effective unless the following
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Introduction To Contract Law: A contract is ’a promise or set of promises which the law will enforce’ (Pollock Principles of Contract (13th Edn) 1). The expression ’contract’ may‚ however‚ be used to describe any or all of the following: 1. that series of promises or acts themselves constituting the contract; 2. the document or documents constituting or evidencing that series of promises or acts‚ or their performance; 3. the legal relations resulting from that series. A contract may be defined
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Contract Administration Best Practices Diana Thomas University of Phoenix Law/531- Business Law August 23‚ 2012 Trina Eaddy Introduction This essay will examine how to best prepare a contract administration plan. The contract administration plan will examine different methods used in preparing a plan. This essay will explain how important it is to have technical and other support of personnel‚ the importance of surveillance‚ and to determine
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Drew Brees Contract and Its Elements Contract and Its Elements A contract is an agreement between and offeror‚ and an offeree‚ that can be enforceable by a court of law or equity (Cheeseman‚ 2010). A contract consists of the following elements; agreement‚ consideration‚ contractual capacity‚ and lawful object. Understanding each of these elements is of the utmost importance to ensure that each party involved has a good understanding of what is expected from one another. Furthermore‚
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Aspects of Contract and Negligence for Business Introduction: A contract between two parties is important for making any agreement. But not any agreement is contract. When there is an enforcement of law in an agreement‚ it converts into contract. There are many formalities to make a contract. Everything is not done when a contract is made. There may exist negligence either one party or both. For the negligence occurred one party‚ liability is imposed on another party. The law of tort differs from
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In today’s English law‚ freedom of contract is one the foundation of contract law. The existence of freedom of contract requires three main considerations: the freedom to contract or not to contract‚ the freedom to choose with whom to contract‚ and the freedom to decide the terms of the contract. Thus parties are totally free to engage or not to engage in agreements. However‚ freedom of contract can fail to have the desired or expected effect in contracts where power relations are not equal. The
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Contracts II‚ UCTA and SGA ! Is everything in a contract a term?! ! Trader’s puffy - typical exaggerating advert statements.! Representations - a statement of the fault that persuades the other party to enter into the contract. ! The court takes into account four factors in deciding whether a stamens is part of the terms or just presentation. ! 1. The parole rule: written contracts - only the terms included in the written contract document are terms; any verbal statements will be representations
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3. Contract Law “Is My Agreement an Enforceable Contract?” The Law of Contract involves answering 4 questions: (1) Is my agreement an enforceable contract? Are all of the elements of a contract present. (2) If so‚ what does it require me (and the other party) to do? - What “promises” have become terms of the contract. (3) Can I get out of it (without paying some form of penalty)? - Was the formation of the contract defective in some way (ie were there any ‘vitiating elements’ present)
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