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
Premium Contract Contract law Breach of contract
res ipsa loquitur- the facts speak for themselves It means that the plaintiff can prima facie establish negligence where the facts are so obvious that somebody must be negligent otherwise the accident would not have happen. In the common law of negligence‚ the doctrine of res ipsa loquitur (Latin: the thing speaks for itself) states that the elements of duty of care and breach can be sometimes inferred from the very nature of the accident‚ even without direct evidence of how any defendant
Premium Tort law Tort Duty of care
Law in Business and Society LAW/421 January 28th‚ 2013 C.J. Hughes The role of law in business and society plays a critical role and has both moral and ethical implications. Businesses laws help regulate business and social behavior in the marketplace and provide an ethical compass for businesses and consumer to follow. This is accomplished by providing the laws on a federal and state level to govern our actions and provide guidelines for conflict resolution. There are federal laws‚
Premium Law Corporation Business ethics
Contract Law Cases The Offer Meeting of minds: Clarke v Earl of Dunraven and Mount Earl: Yacht races. Letters sent in Communication (in writing‚ speech and conduct): Carlil v Carbolic Smoke Ball Co: pay back 100 if you get influenza. Deposit 1000 The Acceptance: Strictly in response to
Premium Contract
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
Premium Contract Contract law
Contract Questions Please answer BOTH questions. 1. Max‚ an improvised law student placed the following advertisement in the Law Student Gazette: "For sale - Treital - Law of Contact‚ £5" Brian telephoned Max but he was not at home and Celia‚ Max’s girlfriend‚ answered the telephone. Brian asked her whether it was the latest edition. She replied that it was not. Brian then said he would give £4 for the book and Celia replied that she was sure that was acceptable but
Premium English-language films
agreement can be objectively established where there is mutual assent.6 In Masters v Cameron‚7 it was noted that‚ ‘the case may be one in which the intention of the parties is not to make a concluded bargain at all‚ unless and until they execute a formal contract’. Such intention can be
Premium Contract Offer and acceptance
1. At what point‚ if ever‚ did the parties have a contract? The only agreement that was made between the two was at the start.. The 90 day period that was paid off by BTT for Chou. After this there was no actual contract. They did discuss about having a contract and making it go through email but in the end there came out to be no contract. As it came out to be with no legal signatures from either of the sides then there was nothing to keep. 2. What facts may weigh in favor of or against Chou
Premium Contract E-mail
International Issues Aimee Head LAW/421 September 9‚ 2013 Kathryn Harris Abstract No two countries have the same political and legal system. Each country has its own laws and regulations on business and products. When doing business in another country it is important to know the laws and abide by them. Culture plays a huge part in a business’s success when venturing into a foreign market. Being sensitive to the cultural and religious beliefs in that country is important to a business’s long
Premium International trade Law Corporation
ont Contract Paper Michael Labbe University of Phoenix Business Law HRM 531 Donna Ross January 28‚ 2013 Contract Paper Contracts regardless if they are written or verbal have the same basic components. The four components are (1) Mutual assent‚ (2) Agreement‚ (3) Exchange‚ and (4) Non-violation of public law. If the key components of a contract are met they will be enforceable in a court of law. In modern society it is more commonplace for contracts to be written so all parties
Premium Contract