CONTRACTS Stages in the life of a contract: 1. Preparation/Generation 2. Perfection/Birth 3. Consummation/Death Characteristics of Contracts: (ROMA) 1. Relativity (Art. 1311) 2. Obligatoriness & Consensuality (Art. 1315) 3. Mutuality (Art. 1308) 4. Autonomy (Art. 1306) Stipulation pour Autrui - stipulation in favor of a 3rd party. Requisites: 1. The stipulation must be part‚ not whole of the contract; 2. the contracting parties must have clearly and deliberately conferred
Premium Contract
INTRODUCTION A Shareholders’ Agreement is an agreement amongst the shareholders of a company. When a company is created‚ its founding shareholders determine how a company will be owned and managed. The Shareholders’ Agreement establishes rules to govern the relationship between two or more owners of a company. Without a shareholders’ agreement in place‚ the rules that apply are in the applicable corporate statute. The shareholders’ agreement creates an overlay that addresses issues created or left
Premium Contract law Corporations law Business law
Case Study #3: Distribution Agreement Shed some light Raynonplus is a small‚ family-owned eyewear business located in Ottawa‚ Ontario‚ Canada. Started by Pierre Dupuis in 1952 under the name of Visionplus‚ the company has been exclusively owned and operated by the Dupuis family for over 50 years. Currently‚ the business—a sole proprietorship—is owned and managed by Gerald Dupuis‚ grandson of the original entrepreneur. The Dupuis’ changed the business name in 1957 to capitalize on a trend
Premium Marketing
Team Project Contract-Lease Assignment This Residential Lease Agreement (hereinafter “Lease”) is entered into this the 10-01-11‚ by and between the Lessor: George Murphy‚ (hereinafter referred to as “Landlord”)‚ and the Lessee(s): Benjamin Potter for the Potter Corporation. All Lessees (hereinafter referred to collectively as “Tenant”)‚ are jointly‚ severally and individually bound by‚ and liable under‚ the terms and conditions of this Lease. 1. GRANT OF LEASE: Landlord does hereby
Premium Renting Rental agreement Leasehold estate
This Agreement made on the 20th February‚ 2011 BETWEEN : MAURICE WARD NETWORKS Ltd. Suite 6‚ Wickhams Cay 1‚ PO Box 3085‚ Road Town‚ Tortola‚ British Virgin Islands Represented in the convent by their duly authorized Overseas Agency Director: Robert W Shelton AND : EXPOBANGLA LOGISTICS LTD. Richmond Concord (2nd FL.) 68 Gulshan Avenue‚ Gulshan-1‚ Dhaka‚ Bangladesh Represented in the convent by their duly authorized Director: Lawrence Gomes WHEREAS:
Premium Commercial item transport and distribution Contract Party
CONTRACTS CONTRACT a meeting of minds between 2 persons whereby one binds himself‚ with respect to the other‚ to give something or to render some service (ARTICLE 1305) GENERAL PROVISIONS (Arts. 1305-1317) Distinguish an ordinary Contract: a.) from a Contract of marriage b.) from an obligation c.) from an imperfect promise d.) from a pact e.) from a stipulation a.) from a Contract of marriage ORDINARY CONTRACT 1. The parties may be 2 or more persons of same or different genders
Premium Contract
PAPER – CONTRACT 1 Define contract. Explain the essentials of valid contract. A voluntary‚ deliberate‚ and legally binding agreement between two or more competent parties. Contracts are usually written but may be spoken or implied‚ and generally have to do with employment‚ sale or lease‚ or tenancy. 1. Essentials of a valid contract All agreements are not contracts. Only that agreements which is enforceable at law is a contract. An agreement which is enforceable at law cannot be contract. Thus
Premium Contract
not overly-concerned with the niceties of offer and acceptance it follows that their contracts may not be all-embracing and complete in every respect. The parties may have reached an agreement in principle and then prefer to rely on experience from previous dealings‚ business practice and goodwill. The law’s overall policy is to uphold bargains wherever possible and although businessmen tend to record their agreements in ‘crude and summary fashion’ the law should not be ‘too astute or subtle in finding
Premium Contract
contract law agreement: objective test of intention to agree offer must be matched by other’s acceptance requirement of certainty of agreement parties have intention to create legal relations enforce promise: consideration promise is contained in a deed promissory estoppel (claimant has relied on defendant’s promise) reliance theory: consistent with the harm principle (prevent harm on others) restitution interest
Premium Contract
Should employers use noncompetition agreements or other restrictive covenants? If so‚ under what circumstances? What should an employer do if someone that the employer wants to hire is a party to a restrictive covenant with a previous employer? A noncompetition agreement is a type of “restrictive covenant‚” i.e.‚ a promise by an employee not to engage in certain behavior that is contrary to the employer’s interests. A covenant “not to compete” generally is a promise that the employee will not
Premium Employment