OBLIGATIONS AND CONTRACTS REVIEWER TITLE I – OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS 1156. An obligation is a juridical necessity to give‚ to do‚ or not to do. JURIDICAL NECESSITY – juridical tie; connotes that in case of noncompliance‚ there will be legal sanctions. - An obligation is nothing more than the duty of a person (obligor) to satisfy a specific demandable claim of another person (obligee) which‚ if breached‚ is enforceable in court. - A contract necessarily gives rise to an obligation
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The Psychological Contract and its application The psychological contract and its application After the first descriptions and definitions of psychological contract 1960s‚ a great number of experts show their opinions on this topic and discuss with each other. The widely acknowledged definition of psychological contract may be in Michaei Armstrong’s book‚ the human resource management practice(10th Ed.‚2006‚cited in business ball):`…the employment relationship consist of a unique combination
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whether a valid contract was formed and who it was formed with. As Rick’s girlfriend didn’t buy the laptop and is under the age of 18 she wouldn’t be able to return the laptop as there has been no contract formed with her. However we can assume that her boyfriend is over the age of 18 and as he bought the laptop this means the contract was formed with Rick instead of Rick’s girlfriend. The type of contract that was formed with Rick was a standard form contract this is a type of a contract is a legally
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In You Are a Contract Painkiller (1997‚ p. 111)‚ author Maureen Littlejohn makes extensive use of personification to describe the functioning of Aspirin in our body‚ its various properties to fight pain‚ and its evolution over the years. Littlejohn describes how Aspirin claimed celebrity status as one of the world’s most popular‚ inexpensive painkillers by relieving headaches‚ sprains‚ blows‚ burns‚ swelling and fever. Furthermore‚ she added that Aspirin could also be used to reduce the risk of stroke
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E-Contracts and E-Signatures I. Forming Contracts Online Disputes arising from contracts entered into online concern the terms and assent to those terms. A. Online Offers Terms should be conspicuous and clearly spelled out. On a Web site‚ this can be done with a link to a separate page that contains the details. The text lists subjects that might be covered‚ including remedies‚ dispute settlement‚ payment‚ taxes‚ refund and return policies‚ disclaimers‚ and privacy
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CHAPTER 2: Nature and Effects of Obligations Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family‚ unless the law or the stipulation of the parties requires another standard of care. (1094a) 3 kinds of prestations in obligations: • To give real (there is some physical thing which may be the subject of possession‚ the delivery of which completely discharges the obligation) • To do • Not to do
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Contract laws are governed by the common law and the Uniform Commercial Code. The difference is that common law usually governs transactions with real estate‚ services‚ intangible assets‚ insurance and employment while UCC governs contractual transactions of goods and tangible goods like a house. It’s very vital to understand their difference especially when dealing with contacts. ANALYSIS OF THE 3 CASES IN SUBMISSION 5-8 1. UCC laws will apply in Maria’s case‚ the laws states that a change to an
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Contracts Outline I. Introduction a. What is a K?: A promise of a set of promises for the breach of which the law provides a legal remedy. § 1. b. Hawkins v. McGee – an expectation to the idea that most medical promises should be argued in malpractice suit c. Bayliner v. Crow – promise was Insufficiently specific i. General intro into what kind of promises are enforceable II. Remedies (Prelim.) a. 2 assumptions – Naval & Sullivan i. Rather than punishing
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Maritime Sales Contracts Contracts between vessel owners and charterers concerning the water transportation of goods are technically known in admiralty law as "contracts of affreightment". The charterer agrees to pay a freight charge for cargo space. The voyage‚ amount of cargo space‚ and time of delivery will all be covered by the contract. One common type of contract is the “voyage” charter. This type of charter usually concerns the hire of a vessel‘s entire cargo space for one or more specific
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override on parties freedom to choose to enter into a contract. Under such circumstances the contract is voidable at the instance of the innocent party. Its application used to be restricted to contracts entered into as a consequence of a threat. Originally it was held that the threats to person’s goods could not amount to duress‚ but a doctrine of economic duress has now been developed by the courts. The effect of the doctrine stated that an abuse of economic power can render a contract invalid‚
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