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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CONSIDERATION A. Legal Sufficiency 1. Adequacy 2. Unilateral Contracts 3. Bilateral Contracts 4. Illusory Promises a. Output and Requirement Contracts b. Exclusive Dealing Contracts c. Conditional Promises 5. Pre-existing Obligation a. Modification of a Pre-existing Contract b. Substituted Contracts c. Settlement of a Undisputed Debt d. Settlement of an Disputed Debt B. Bargained-For-Exchange 1. Past Consideration 2. Third Parties C. Contracts without Consideration 1. Promises to Perform Prior Unenforceable
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in contract and is seeking damages of $30‚000 which he believes is the outstanding amount that is owed to him by J. This case touches on the fundamental concepts of contract law where H can only claim damages if the formation of a valid contract between the two parties is evident via the elements of a contract‚ including intention‚ agreement‚ consideration‚ legal capacity‚ genuine consent and legality of objects must be established. Once these elements are satisfied‚ the terms of the contract need
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Lecture 8 Law of Contract: Genuine Consent INTRODUCTION Although the contract may have the essentials of a valid offer‚ acceptance‚ legal intentions and consideration‚ its validity or enforceability may be affected by a number of factors. The agreement may be wanting in genuine consent between the parties. That is‚ although the parties may appear to have reached an agreement‚ it may not have been genuinely achieved because of misconduct‚ pressure‚ unfairness‚ or fear by those involved
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CONCEPTS IN THE LAW OF CONTRACTS Contracts are essential to business. They are a legal mechanism used in every industry and every part of the world to structure relationships among firms‚ and with customers‚ partners‚ and suppliers. Over several centuries‚ the law governing contracts has developed a large number of doctrines. Most are consistent with common sense‚ but unless you know what the rules are‚ you can easily make a mistake. This document introduces the fundamentals of contract law most relevant
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the terms outlined in a contract until they find themselves at the receiving end of litigation. In addition‚ they do not recognize that a contract can be established with as little as a verbal agreement between parties which can‚ as with a written contract‚ become the basis to award damages in the event that one or more members default on the agreement. When individuals make purchases they form contracts with the entity whose business they patronize. Formation of a contract for sale need only entail
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Graduate Diploma in Law Contract Law Examination Paper DATE: 16 June 2010 TIME: AM TIME ALLOWED: THREE HOURS INSTRUCTIONS TO CANDIDATES Where questions are sub-divided‚ candidates should not expect the sub-divisions necessarily to be of equal weight. Materials provided: GDL Statutory Extracts (which MUST be returned UNMARKED at the end of the examination). You must answer THREE questions out of SIX Continued Overleaf OA6544 1 © The College of Law 2010 This is
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an era where the exercise of law of freedom were extremely restricted. In today’s English law‚ freedom of contract is one the foundation of contract law. The existence of freedom of contract requires three main considerations: the freedom to contract or not to contract‚ the freedom to choose with whom to contract‚ and the freedom to decide the terms of the contract. Thus parties are totally free to engage or not to engage in agreements. However‚ freedom of contract can fail to have the desired
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A. Concern v Good The incident between Mr. Good and Mr. Concern is being introduced in this case. Mr. Good put up an article on The Best Daily saying that he would share half of the advertising cost for anyone who places an advertisement in Best Daily with the intention of ‘initiating major legal response to raise climate change consciousness of the people of Hong Kong’. Our client‚ Mr. Concern who responded to Mr. Good’s offer‚ placed advertisements in 15 newspapers expressing ‘support for social
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Misrepresentation Step 1. Determine whether the meaning of the representation is false or not – objective test Step 2. Three possibilities of a misrepresentation: 1) It is a term of the contract; 2) It constitutes a collateral contract; 3) Does not acquire contractual status at all. Step 3. Results: 1) Rescission of the contract; 2) Damages in tort (if the tort of deceit or the tort of negligence can be made out) Smith v Lane & House Property Corp This case deals with the situation that a statement
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