Procedure: A suit was filed by Gary Porter in the Utah State Court against Fox with alleging breech of an implied-in-fact contract. The court granted summary judgment for Porter‚ which Fox later appealed to a state intermediate court. Issue: If sections of a contract are left out by mistake‚ is the contract still valid and enforceable? Were all the requirements of an implied-in-fact contract met? Holding: Yes Reasoning: The appellate court affirmed the lower courts summary judgment in favor of Porter
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REMEDIES FOR BREACH OF CONTRACT Failure of buyer to take delivery Section 44 states that‚ when the seller is ready and willing to deliver the goods and requests the buyer to take delivery‚ and the buyer does not‚ within a reasonable time after such request‚ take delivery of the goods‚ he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery‚ and also for a reasonable charge for the care and custody of the goods: Provided that nothing in this section shall
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Rousseau’s Social Misunderstanding In The Social Contract‚ Jean-Jacques Rousseau proposes a utopian type social contract that all citizens are informally entered into. In this contract‚ Rousseau calls for the people to sacrifice their natural freedoms in order to receive a greater and more beneficial state of civil liberty. Civil liberty being the state of being subject to laws that are for the benefit of the community opposed to the individual. Rousseau claims that these sacrifices will result
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8-19-2013 Liability for Agent’s Contracts You run a successful paper mill and send out your three best personnel to secure new wood pulp sources using due diligence and skill. Applying the agency principles outlined in this chapter‚ answer the following questions. Delilah‚ does not return with wood pulp‚ but brings back three contracts. Acting within the scope of her authority‚ she contracted with Evon‚ who knew your identity at the
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Social Contract Theory AJS/532 June 16‚ 2014 Christina Payne Social Contract Theory This essay will give an evaluation on the social contract theory of John Locke and how these values identify with the consistency of the criminal justice system and private settings. This essay will discuss whether or not the values and principles will apply to both venues. This essay will also include a summary of the major differences of the social contract theories. This essay will provide a discussion
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can only succeed if he can prove there is no consideration. Consideration can be defined by Sir Frederick Pollock‚ approved by Lord Dunedin in Dunlop v Selfridge Ltd [1915] AC 847 where each party must give something in return from what is gained from the other party; ‘An act or forbearance of one party‚ or the promise thereof‚ is the price for which the promise of the other is bought‚ and the promise thus given for value is enforceable.’ The traditional definition in Currie v Misa (1875) LR 10
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Angie Z. Tutorial Section: D115 December 6‚ 2010 Compare and contrast the ‘social contract theories’ of Thomas Hobbes and John Rawls. Which theory is more persuasive? Be sure to explain what Rawls means by ‘the original position‚’ and the ‘veil of ignorance‚’ and why those concepts do not figure in Hobbes’ theory. Social Contract Theory holds that the only consideration that makes actions right is that action is in accordance with an agreement made by the rational people for governing their
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The Auto Dealer What do you think about this situation? Should parties to a sales contract be able to rescind a contract because of mutual mistake of fact? Why or why not? Did either party act unethically in this case? Why or why not? What application does the UCC have here? Finally‚ in the overall context of contract law‚ are there any winners or losers when a contract is rescinded based on mutual mistake of fact? Why or why not? In my studies of the case‚ I read about Sherwood verses
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Hobbes and the Hypothetical Contract In dealing with the problem with political authority Thomas Hobbes proposes that state’s derive their power from a hypothetical social contract that is made between a government and its citizens. It attempts to solve the problem with political legitimacy and political obligation; the right to rule and the reason citizens obey those in power. Hobbes believes that the only way to get out of a wild and unjust “state of nature” is to collectively give up some of
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MIGHT CHANGE IN MODERN POLITICS BE JUSTIFIED BY THE SOCIAL CONTRACT? DISCUSS WITH REFERENCE TO THINKERS EXAMINED IN THIS UNIT Modern politics governments differ from state to state based on their constitutions. The origins of some of these constitutions are somewhat unclear and my essay will attempt to shed light on what foundations they might have been built. I will give Thomas Hobbes definition of man in the ‘the state of nature’ and the transformation from this state to society‚ with differing
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