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
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Big Brother isn’t watching you Conflict is unavoidable wherever there are humans. But what causes these conflicts and how should these be resolved? These questions are addressed in a commentary by Russell Brand called ”Big Brother isn’t watching you”. He comments on the riots of London in 2011 and tries to explain why they happened as well as how to resolve this conflict between the government and the younger generations. Russell Brand moved to Los Angeles but still considers himself an Englishman
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In the following essay I will analyze Russell Brands commentary “Big Brother isn’t watching you”. I am going to deal with the style and the authors attitude‚ furthermore I will look at the texts composition‚ look at certain quotes and look at the title. Being neglected‚ feeling no one cares about you‚ these are feelings everyone has to deal with at some point in their lives. The feeling that society does not care for you‚ that society does not give anything back‚ society does not give the opportunity
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Attiyah Smith HR595 Negotiation Skills Week 6: You Decide June 14‚ 2015 Keller Graduate School Dr. Burnell Carden 1. What is the appropriate negotiation strategy that would be most advantageous for Sharon and Jim in this scenario‚ distributive or integrative bargaining? List and describe the factors that should be considered in making this determination? In this scenario‚ Sharon and Jim would need to utilize integrative bargaining to ensure that they would be able to accommodate the
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: Issue 1. Whether Nur Aini consent to an agreement caused by undue influence? Undue influence define under Section 16(1) of the Contract Acts where a contract is induced by undue influence if one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. Section 16(1) of the Contract Acts 1950 lay down the principal in general terms and gives the element necessary to establish undue influence where the elements are
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DURESS 1. Generally If one party pressures the contractual consent of another by duress the contract is voidable by that other party (See Also s 52A TPA and s 39 FTA). The common law has long recognised that duress‚ in the form of coercion of the plaintiff’s will through illegitimate pressure or threats to the plaintiff’s interests‚ render a contract voidable (Barton v Armstrong). Traditionally‚ the common law concept of duress was limited to actual or threatened violence to the person of
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Partner From: Noelle Milburn Date: August 2‚ 2010 Re: Angela Woodside vs. Doyle Construction 1. Has Doyle Contractors breached its contract with Angela Woodside? Explain your answer fully. 2. Does Ms. Woodside have to wait until after April 1‚ 2008 to sue Doyle Contractors for breach of contract? Explain your answer fully. 3. Assuming a breach of contract has or will occur‚ what remedies does Ms Woodside have after the breach? 4. What defenses might Doyle Contractors raise in the event
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Case Study: Too Much Stress? You Decide Summary of Case: Donald Knolls worked for International Gateway Airport (IGA) as an air traffic control supervisor and he began to experience depression due to the stress of his job in 2007. He was granted a disability leave by IGA’s physician and after eight months‚ his personal physician‚ an expert in depression treatment and a licensed consulting psychologist‚ believed he could go back to work. IGA sent him to their physician who granted him the disability
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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
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4. NOTES 4.1. THE ESSENTIALS OF A VALID CONTRACT A. ESSENTIAL No 1 The Parties Must Act Within Their Contractual Capacity What is contractual capacity? We view it in relation to the concepts of personality and legal status: PERSONALITY – determines that you are a legal entity or persona. As a result of this personality you acquire legal status ie your legal status defines that legal personality further. STATUS then describes your legal “condition” eg a married woman‚ A public
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