the lack of a presence of a legal contract. The question lies upon whether Dark is entitled to pay the maintenance amount of $100 per week to Cindy as agreed upon. More specifically‚ the case addresses the issue of whether Dark is bound by a possibly existent contract that is‚ Cindy and Dark have agreed upon the consideration of payment of maintenance and their joint credit card account‚ respectively. Issue: Can Cindy sue Dark? Elements and Analysis of Contract According to the case‚ Dark and Cindy
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Some principles and ideas of many cases dealing with Common Law and statues are the common idea of good faith and fair dealing‚ breach of contract or no contract and means to agreements and ruling. The common idea of good faith and fair dealing is normally used when there are technical excuses for a breach of contract or specific wording. This principle may be used in different occasions such as fraud (McClain v Octagon Plaza)‚ question of fact (Shah v Cover-it‚ Inc)‚ unfair and unjust enrichment
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Foundations of South African Law- RDL 1003/6W Assignment 1- Case Summary- Du Toit v Loriet 1918 OPD 99 Facts: The Plaintiff “Du Toit” entered into a contract to lease his agricultural land for two years‚ starting on the 15th of July 1918 with the option of sale with the defendant “Lotriet”. The plaintiff was a minor at the time the contract was entered into in June 1916 and yet the contract was only going to commence after the plaintiff had reached majority. The plaintiffs farther (the guardian)
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FAKBIK Submitted: December 17‚ 2013 Revised: April 20‚ 2014 An Equitable Marriage Contract in Islamic Law Critics of Islam often focus on the relationships between men and women and argue that Islamic marriages are inherently sexist. Apologists agree that in practice‚ certain interpretations “have so severely restricted woman that marriage becomes an institution of oppression for her.”1 Wadud argues that using marriage as the “means by which a woman is stripped of her individuality and
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Business Law II Title: Comparison of Uniform Commercial Code and Malaysia Sales of Goods Act 1957 Spring Semester‚ 2013 Submission date: 28th March‚ 2013 Michele Ch’ng Chiau Woon SCSJ-0007016 Table of Contents Abstract 3 Introduction 4 Uniform Commercial Code (UCC) 4 Sale of Goods Act (1957) 5 Comparison of Uniform Commercial Code and Sales of Goods Act 1957 6 Open Price Terms 6 Implied Warranty: Fitness‚ Quality or Purpose 7 Acceptance of Goods 10
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The purpose of this paper is to reflect the comprehensive understanding on the elements of the contract along with its principles of the contract law. The paper is also revolving around the level at which the law has influenced the given case of James and Robert while providing the appropriate solution for both Robert and James. Summary of Case of Purchasing Classic Porsche The case is revolving around the James‚ who is the owner of a Porsche 911 of 1980 car willing to sale and Robert a potential
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7/01/13 Business Contracts: Protocol‚ Laws & Ethicality There are various kinds of contracts which arise within our business world today; contracts are an essential component to business livelihood. Although a contract is an agreement‚ not all agreements are valid contractual obligations. In order for any contract to be an official and legally binding agreement‚ there are essential requirements which must first be fulfilled. Because contracts are vital to the organization and
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Legal Issues Question One- (319 words) The contract at the centre of Bridgewater v Leahy [1998] HCA 66 is a deed of forgiveness of debt‚ in relation to the transfer of land. The parties to this contract were Neil York‚ who bought the interest in the land‚ and Bill York who sold the interest‚ and forgave the debt. The contract was entered into on 19th July 1988‚ with the terms being that Bill would transfer his interests in the Wonga Park fee simple‚ the Wonga Park perpetual lease selection
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professional corporation can be liable for malpractice arising from the rendering of professional services. (Points : 2) True 2. Jay tells Kim that he will buy her textbook from the last semester for $80. Kim agrees. Jay and Kim have (Points : 2) an express contract. 3. Barb allows Candy to enter Barb ’s warehouse and take a DVD player. Charged with theft‚ Candy can successfully claim‚ as a defense‚ (Points : 2) consent. 4. The U.S. Congress enacts a new federal statute that sets different standards for the
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Suman Siva Prof. Jeong Chun Phuoc 012014111647 Assignment 2 – Weekly Case Law Critique WEEK 1 CASE LAW ON CARLILL V CARBOLIC SMOKE BALL (1893) Issue 1. Was the advertisement by Carbolic Smoke Ball Co. a contract with the whole world? 2. Was the advertisement by Carbolic Smoke Ball Co.‚ rewarding 100 pounds to any person who uses the product (smoke ball) as directed for a given period and still get contracted to influenza‚ colds or other diseases a "mere puff"/ “nudum pactum” ? Analysis From my
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