made by the free consent of the parties competent to contract. As what i’ve been thought and my understanding‚ there are five causes which lead to the voidable contract. They are : 1. Coercion (S.15) 2. Undue influence (S.16) 3. Fraud (S.17) 4. Misrepresentation (S.18) 5. Mistake (S.22‚23‚24) Coercion Coercion is commiting or threatening to commit any act forbidden by the Penal Code‚ or the unlawful detaining or threatening to detain‚ any property‚ to the prejudice of any person to enter into an agreement
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Foster v. Cross Supreme Court of Alaska 1982 Facts In the fall of 1977‚ Michael Stephens‚ sole proprietor of Stephens Construction‚ asked Warren Sanders‚ a local real estate broker‚ to find a large piece of land that would be suitable for development into a single family residential project. Sanders located several parcels and found a homestead staked and owned by Robert and Arlene Cross. Sanders contacted and met with Robert Cross in February of 1978 and stated that he was looking for land
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people have an apparent inability to distinguish between advertising and content on televisions and how this can be harmful through creation of unrealistic false stereotypes. This would not be a problem if advertisements were not littered with misrepresentations of men and alcohol culture; indoctrinating the developing youth’s minds through these marketing campaigns. Today I will focus on a recent XXXX Gold Beer advertisement‚ and how it is problematic as it encourages young men to pursue a future of
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1. I believe there are 3 theories that relate to product liability in which Kolchek could sue to recover for Litishas’s injuries. They are; + Product liability based on misrepresentation because the misrepresentation is of a material fact‚ and the seller intended to induce the buyer’s reliance on the misrepresentation. +Product Liability based on negligence because there clearly a failure to exercise the degree of care that a reasonable‚ prudent person would have exercised under the circumstance
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will also apply these laws to the cases provided to illustrate the application of these laws. Vitiating factors represent some sort of defect in the formation of the contract. Examples of this are that the contract is based on a mistake or a misrepresentation. Illegality on the other hand‚ is much more to do with the actual character of the agreement itself. It is of a type that the law frowns upon for some reason‚ for public policy or for other reasons it is not accepted as legitimate. CASE 1:
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VOID(contract has no legal impact and it will never exist) or VOIDABLE ( contract is valid up to the point at which is set aside). 1. Mistake- VOID e.g. the parties were at cross purposes about the subject matter of the contract. 2. Misrepresentation- VOIDABLE e.g. false statement of fact about an item ( fraudulent‚ negligent ‚ innocent) 3. Duress- VOIDABLE e.g. Threat of violence or economic threat 4. Under Influence- VOIDABLE e.g. someone has influenced another to enter a contract
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QUESTION Running late for his exciting evening law class‚ Sam desperately seeks out a car park in the CBD of Melbourne‚ state of Victoria Australia. He spots the car park operated by Citipark Ltd. Sam drives up a ramp which has raised concrete barriers on either side. As it is rush hour‚ there are a few cars in front of him and soon some more line up behind him. Sam stopped his car at the barrier entrance of the car park which had a mechanical arm preventing cars moving into the parking
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Biyani’s Think Tank Concept based notes Business Laws (MBA) Lecturer Deptt. of Commerce & Management Biyani Girls College‚ Jaipur For more details: - http://www.gurukpo.com 2 Published by : Think Tanks Biyani Group of Colleges Concept & Copyright : ©Biyani Shikshan Samiti Sector-3‚ Vidhyadhar Nagar‚ Jaipur-302 023 (Rajasthan) Ph : 0141-2338371‚ 2338591-95 • Fax : 0141-2338007 E-mail : acad@biyanicolleges.org Website :www.gurukpo.com; www.biyanicolleges.org First Edition
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the third party breach of contract. The Bank claimed that it suffered losses as a third-party beneficiary of the engagement contract to conduct the audit between Brandon and GKCO. The Bank also claimed that GKCO committed the tort of negligent misrepresentation. According to the definition‚ when the parties enter into a contact‚ they can agree that the performance of one of the parties should be rendered to or directly benefit a third party‚ which then becomes an intended third-party beneficiary (Cheeseman
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"The formation of a contract is not to be confused with its legal enforceability" Discuss. A contract is put in place to provide a legal link between each party. Therefore it is important to understand on how a contract is formed and what are the steps and requirements to make sure the contract stays legally enforceable. In order for a contract to exist‚ there are four key elements to it. An offer must firstly be made by the offerer‚ followed by the acceptance of the offer by the offeree. Considerations
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