CONTRACT LAW NOTES. Agreement Offer Not Offers Revocation Acceptance Certainty Sufficiently Certain...
|
|
- Oscar Doyle
- 5 years ago
- Views:
Transcription
1 CONTRACT LAW NOTES TABLE OF CONTENTS Agreement... 4 Offer... 4 Not Offers... 4 Revocation... 5 Acceptance... 5 Certainty... 7 Sufficiently Certain... 7 Sufficiently Complete... 8 Illusory Promises... 8 Consideration Rules of Consideration Intention Assumption of Intention Government Policy Without Contractual Intention... Error! Bookmark not defined. Subject to Contract Formalities Authenticated Signature Fiction Doctrine of Part Performance Law of Restitution Estoppel Factors of Estoppel Other Cases Express Terms Pre-Contractual Oral Statements Signatures
2 Incorporating Terms By Notice Unusual Terms Electronic Documents Course of Dealings Negotiations or Term The Parol Evidence Rule Collateral Contracts Incorporation of terms by Reference Implied Terms Terms Implied in Law Terms Implied in Fact BP Refinery Test Terms implied By Custom Duty of Good Faith Construction Ambiguity and the Codelfa Rule Appellate courts... Error! Bookmark not defined. Exclusion Clauses Privity Trident General Insurance v McNiece Bros Mason and wilson Judgement Brennan j (Dissenting)... Error! Bookmark not defined. Deane j Gaudron... Error! Bookmark not defined. Exceptions to the privity rule Agency Assignment and novation Ways to overcome the privity rule Remedies Frustration
3 Limits on the Doctrine Consequences of Frustration Termination Termination By Agreement Termination by Subsequent Agreement Termination by abandonment Discharge By performance Substantial performance Deposits Failure Of A Contingent Condition termination for breach Termination for Repudiation Anticipatory Breach Termination for Delay Notice Consequences of Termination Affirmation Termination Restrictions on the RIght to Terminate Readiness and Willingness election Estoppel relief against forfeiture Unconscionable terminations and Good faith
4 AGREEMENT Contractual obligations must be voluntarily assumed through agreement Agreement exists when an offer made by one party is accepted by the other party However, the offer and acceptance analysis doesn t fit all cases o Mutual assent can be present without formal offer and acceptance o In situations such as collaborative documents, it can be hard to see who made what offer and who accepted. Brambles v Bathurst CC (2001) NSWLR 153 o Dispute over whether Brambles agreed to save money from higher charges to consumers to build a new facility Started charging higher prices but did not save the money o Whilst they did not formally agree and raised their concerns in writing, mutual assent was proven by their action of raising prices o Therefore a reasonable person would assume that through the act of raising prices, they had assented by conduct Governments win almost all contract disputes in court OFFER An offer is a statement of willingness by one party to be bound to the terms immediately upon acceptance by the other party without further negotiation Judging whether an offer is an offer is determined from a reasonable persons perspective o Depends on words and circumstances o How would words be reasonably construed? o Circumstances could involve if the contract is simple or complex, which parties are involved, and the method of communication between parties o The word offer might not be used in a formal offer o Or the word offer might be used in an informal way that is not an official offer Offers have to be able to be accepted or rejected they cannot be a command o Voluntary obligation essential Offers can be made to the whole world (Carlill v Carbolic Smoke Ball) or to groups or to individuals Offers can be withdrawn at any time before acceptance o However an option contract can t be withdrawn when the offereror is given something Unilateral promises are contracts which promise something in exchange for an act o In such agreements, the performance of the act is acceptance o Don t need formal acceptance before performing A rejection or counter-offer kills the original offer NOT OFFERS The display of goods in a shop is not an offer o Illogical: by picking up a good from a display, customers would therefore be accepting an offer and could not legally change their mind about the purchase o See PBS Society of GB v Boots Chemists o In this case, circumstances are used to infer what is reasonable Government policy statements are not offers 4
5 o See Woollen Mills v Commonwealth The Government stated it would provide a subsidy to the manufacturers of all wool products in order to keep prices low. Woollen mills went out and bought loads of wool and put it into all of its products, then went to the government and asked for it s payment. o Words needed negotiations would be expected in such a case and therefore a lack of which suggests it is not a formal offer Communication is not an offer if just providing information or partial consensus Auction bids o Each bid is considered an offer Tender bids Tickets Invitation to treat an invitation to make an offer o This is distinguished from an actual offer by the intention of the parties REVOCATION An offeror can revoke an offer any time before acceptance, as long as it is communicated Unless consideration is given to keep the offer open for a certain period of time o Goldsborough Mort v Quinn o This is called an option contract. It is common in real estate contracts Revocation must be communicated to the offeree, but it can be inferred from conduct o Dickinson v Dodds o When selling a property, the buyer has said he wants to buy the property, but needs a few days to read and sign the contract. He then hears that the seller is negotiating with someone else. This conduct meant the offer was revoked. o This revocation by conduct was the conduct of the offeror if someone else makes an offer it does not mean the offer is revoked. o The information about the revocation in this case came from a reliable source. If not reliable, the rule may not apply The postal rule does not apply for revocations Unilateral contracts can be revoked o Mobil Oil v Wellcome International o In a complex unilateral contract, where there are a series of acts requested, the contract can be revoked before all of the acts are completed (even if some have been completed) Reliance damages are the damages you occurred by acting in accordance with a contract that was subsequently broken ACCEPTANCE Acceptance is an unqualified assent to the terms of an offer Acceptance must be communicated to the offeror, but can be inferred through conduct Silence cannot be an acceptance Empirnall Holdings v Machon Paull Partners o Architecture firm worked alongside builders governed by contract. Architects continued work, and never heard back from builders. Builders had seen the draft work that the architects were creating, and didn t say that they weren t continuing with work just didn t reply. Court found that their silence was an acceptance because they knew architects were still working and didn t say anything. 5
OFFER 3 ACCEPTANCE.5 CONSIDERATION.6 PROMISSORY ESTOPPEL. 7 INTENTION.7 CERTAINTY/COMPLETENESS. 9 CAPACITY. 11 PRIVITY. 12 FORMALITIES.
CONTRACTS OFFER 3 ACCEPTANCE.....5 CONSIDERATION...6 PROMISSORY ESTOPPEL.... 7 INTENTION..7 CERTAINTY/COMPLETENESS... 9 CAPACITY.. 11 PRIVITY.. 12 FORMALITIES. 13 ILLEGALITY. 14 TERMS.... 16 CONSTRUCTION.....19
More informationFORMATION OFFER: (2) Elements: Sufficiently clear and promissory (Gibson v Manchester) More than a mere puff (Carbolic Smoke Ball)
FORMATION [A] will argue that a binding contract exists, and seeks to enforce [B] s promise of. In this case, the elements of and are likely uncontentious, but [A] will have to make out and _. OFFER: [A]
More informationContracts PART 1 - INTRODUCTION. Seminar 1: Introduction. Freedom of contract LAWS5002
LAWS5002 Contracts PART 1 - INTRODUCTION Seminar 1: Introduction Key elements of a contract A. Offer B. Acceptance C. Consideration (bargain) D. Intention to create legal relations E. Writing requirement
More informationACCAspace ACCA F4. Provided by ACCA Research Institute. Corporate and Business Law (CL) 公司法与商法 ACCA Lecturer: Eli Qiu. ACCAspace 中国 ACCA 特许公认会计师教育平台
ACCAspace Provided by ACCA Research Institute ACCA F4 Corporate and Business Law (CL) 公司法与商法 ACCA Lecturer: Eli Qiu ACCAspace 中国 ACCA 特许公认会计师教育平台 Copyright ACCAspace.com Chapter 3: Formation of contract
More informationCLAW 1001 Notes. Table of Contents
CLAW 1001 Notes Table of Contents CLAW 1001 Notes 1 Table of Contents 1 Topic 1: Legal System and the Administration of Law (W1) 3 1. The Australian Legal System 3 2. Features of Common Law systems: 3
More informationMere Puff = praise of product to induce K (not strictly true or to be relied upon) Boots Cash Chemist:
BACKGROUND Contracts: voluntary civil obligations (mainly common law) à taken from old English Cases and Australian cases An agreement that gives rise to legally enforceable obligations CONSIDER 1. Is
More informationNature of Contract An agreement or set of promises that the law will enforce (i.e. for breach of which the law will provide a remedy)
Nature of Contract An agreement or set of promises that the law will enforce (i.e. for breach of which the law will provide a remedy) Definitional elements: An agreement (or a promise) Enforceability at
More informationIntroduction to Contract Law: Part I
Introduction to Contract Law: Part I Monday 8 May 2017: Module 2 Andrew Charlton Charles Stotler Matthew Feargrieve Richard Gimblett 8-13 May 2017 OVERVIEW I. Theory of Contracts II. Importance of contracts
More information3.1 Meaning of Contract Law Terms 3.2 Formation of Contracts 3.3 Legal Incapacity to Enter Contracts
3. Contracts 3.1 Meaning of Contract Law Terms 3.2 Formation of Contracts 3.3 Legal Incapacity to Enter Contracts 3.4 Third-Party Beneficiary Contracts 3.5 Assignment and Delegation of Contract Rights
More informationOverview of Contracts
Overview of Contracts Sources of Contract Law Common law- contracts are primarily derived from principles of common law. Equity- common law principles are supplemented by principles of equity. Historically,
More informationFormation: Before parties can be regarded as having entered into a binding legal contract, there must be agreement.
Formation: A contract is an agreement or set of promises the law will enforce. 7 Essential Elements: 1. Offer there must be an offer 2. Acceptance the offer must be accepted 3. Consideration - There must
More informationINTRODUCTION TO CONTRACT LAW
Contract A INTRODUCTION TO CONTRACT LAW What is a contract? A contract may be defined as: An agreement or set of promises that the law will enforce. A contract is a legally binding agreement, and thus
More informationTOPIC 2:AGREEMENT ( consensus ad idem )
TOPIC 2:AGREEMENT ( consensus ad idem ) The nature of Agreement Agreement is and understanding, or meeting of the minds, reached between two or more parties about a particular subject. Although the concepts
More informationLAW2101 CONTRACT A - CASE SUMMARIES AND KEY POINTS
TOPIC 1: OFFER Offer is an indication by one person to another of his or her willingness to enter into a contract with that other person on certain terms TYPES OF CONTRACT Unilateral Contract Bilateral
More informationPharmaceutical Society of Great Britain v Boots Cash Chemists (50) invitation to treat is not an offer
ELEMENTS OF A BINDING LEGAL CONTRACT Offer and Acceptance Sufficient Consideration Certainty and Completeness Intention to Create Legal Relations Capacity WEEK ONE Fact of Agreement OFFERS CIRCULARS, CATALOGUES,
More informationSALES TABLE OF CONTENTS. Chapter 1: How to Answer Sales Questions...1. Chapter 2: The Six Types of Sales Questions...2. Chapter 3: Sales Issues...
SALES TABLE OF CONTENTS Chapter 1: How to Answer Sales Questions....1 Chapter 2: The Six Types of Sales Questions.......2 Chapter 3: Sales Issues........5 Chapter 4: Spotting Sales Issues..... 10 Chapter
More informationCONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) CISG
UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) CISG STRUCTURE OF THE CONVENTION Part I: Scope of application and general rules Arts. 1 13 Part II: Formation of the contract
More informationA Level And As Level Law
A Level And As Level Law (1) : 1389 .1349 : (1) A level and as level law :. /.1389 : :. 240 : 978-600-90507-2-7 : : A level and as level law : " ".. :.( ) :. - - - :. - :. : PE1127/ 7 2501431389: 428/6402434
More informationPaper 3 - Fundamentals of Laws and Ethics
Paper 3 - Fundamentals of Laws and Ethics Academics Department, The Institute of Cost Accountants of India (Statutory Body under an Act of Parliament) Page 1 Paper 3 - Fundamentals of Laws and Ethics Full
More informationAGREEMENT. Agreement: Mutual assent to a contract s essential terms, voluntarily manifested through offer and acceptance.
AGREEMENT Agreement: Mutual assent to a contract s essential terms, voluntarily manifested through offer and acceptance. Offer: An offeror s promise or commitment to perform or refrain from performing
More informationWhat you need to know Real Estate Education Series
CONTRACTS What you need to know Real Estate Education Series 2.23.09 WWW.twiliteeducation.com Basically, a contract is an agreement to do or not do something between different parties. In each agreement
More informationOFFER & ACCEPTANCE. Chapter 7
OFFER & ACCEPTANCE Chapter 7 SECTION 7-1 GOALS List the elements required to form a contract. Describe the elements of an offer. Contract Agreement that courts will enforce Can be oral or written Elements
More information(C) 2004 Professional Real Estate SchoolChapter I Contracts 1
1 Real Estate Contracts Pg. 43 of the Outline A. Definition of a contract A contract is a voluntary agreement or promise between legally competent parties, supported by legal consideration, to perform
More informationContracts 101. Colette Massengale, Esq. Jason Brand, Esq. Legal Affairs Maryland Association of REALTORS
Contracts 101 Colette Massengale, Esq. Jason Brand, Esq. Legal Affairs Maryland Association of REALTORS What is the Legal Definition of a Contract? A contract is a promise or set of promises, for breach
More informationSales Associate Course
Sales Associate Course Chapter Eleven Contracts Copyright Gold Coast Schools 1 Elements of a Valid Contract Lawful subject Must have a legal purpose to be enforceable Copyright Gold Coast Schools 2 Elements
More informationCHAPTER 5 HOW CONTRACTS ARISE
CHAPTER 5 HOW CONTRACTS ARISE 1 WHAT IS A CONTRACT? A legally binding agreement Contracts require a bargain Manifestation of Mutual Assent 2 MANIFESTATION OF MUTUAL ASSENT Offer Acceptance - Consideration
More informationMODULE 4-A: REVIEW OF THE LAW OF CONTRACTS
MODULE 4-A: REVIEW OF THE LAW OF CONTRACTS LEARNING OBJECTIVES The study of real estate entails many subjects. Contracts form the basis for all agreements used in real estate. The law of contracts is complex.
More informationMODULE 5-A: LISTING AND SALES CONTRACTS
MODULE 5-A: LISTING AND SALES CONTRACTS LEARNING OBJECTIVES The contractual relationships between brokers and clients are established through the use of a series of contracts. The listing contract is the
More informationQuestion Is GravelCo obligated to sell 5000 tons of gravel to Builder at $8 per ton? Discuss.
Question 4 GravelCo is a distributor of high quality gravel used on construction projects. In August, GravelCo found itself with more gravel than it could easily store. On August 15, GravelCo s sales director
More informationL E A R N I N G O B JE C T I V E S
L E A R N I N G O B JE C T I V E S 1. Find out when the Uniform Commercial Code (UCC) is the appropriate law to apply and when the common law is the appropriate law. 2. Learn the elements of common-law
More informationCHAPTER 5. CONTRACT Requires a which is called
CHAPTER 5 HOW S ARISE NBEA STANDARD II: Analyze the relationships between contract law, law of sales, and consumer law. OBJECTIVE: Develop an understanding of contracts: distinguish between express and
More informationPrinciples of Contract Law
Contracts - Legally enforceable promises. Contracts establish the legal relationship between two or more parties. I. Contract Basics A. Written vs. Verbal B. Sources of Contract Law Common Law - formation,
More informationCONTRACTS MID TERM EXAMINATION FALL 2015 SANTA BARBARA AND VENTURA COLLEGES OF LAW INSTRUCTOR: CRAIG SMITH QUESTION 1
Question 1, consists of 4 subparts or scenarios. CONTRACTS MID TERM EXAMINATION FALL 2015 SANTA BARBARA AND VENTURA COLLEGES OF LAW INSTRUCTOR: CRAIG SMITH QUESTION 1 1. Ashley and Bob: A lamp and a chair
More informationVIRGINIA CONTRACTS & SALES DISTINCTIONS PROFESSOR DAVID FRISCH UNIVERSITY OF RICHMOND SCHOOL OF LAW
VIRGINIA CONTRACTS & SALES DISTINCTIONS PROFESSOR DAVID FRISCH UNIVERSITY OF RICHMOND SCHOOL OF LAW CHAPTER 1: CONTRACT FORMATION A. SOURCE OF LAW 1. Two Competing Sources a. Common Law of Contracts b.
More informationClassifying Contracts. Contracts can be created orally.
Contracts 1 Classifying Contracts Contracts can be created orally. 2 Classifying Contracts Contracts can be created in writing. 3 Classifying Contracts The Statute of Frauds states that most real estate
More informationSales and Leases Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Fall Leases
Sales and Leases Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Leases I. Governing Law: Article 2A governs [a]ny transaction, regardless of form, that creates a
More information2. Offer and Acceptance is also known as the of the, or.
CHAPTER 1 - EXERCISES Note: Before completing the short-answer questions in this and all chapters, please carefully review the Instructions Page for more information about the function and purpose of these
More informationIndefiniteness. Contracts are void if:
Contracts are void if: Indefiniteness There was never a meeting of the minds regarding key contract terms. The parties themselves didn t bother to define the key terms. It s impossible for the court to
More informationStudy for exams on your iphone, ipad, or ipod Touch
Constitutional Law Contracts Criminal Law Criminal Procedure Evidence Real Property Torts MPRE Review Study for exams on your iphone, ipad, or ipod Touch Six hours of lecture video for on- the- go playback
More informationUCC ARTICLE 2: SCOPE
UCC ARTICLE 2: SCOPE UCC Article 2 governs sales, and contracts for the sale, of goods, pursuant to which a seller transfers to a buyer (1) title (ownership) to (2) goods, including (a) growing crops and
More informationTABLE OF CONTENTS. V. WARRANTIES: UCC SPECIFIC PROVISIONS.. 13 A. WARRANTIES Warranty of Title Express Warranty..
CONTRACTS TABLE OF CONTENTS I. APPLICABLE LAW......1 A. CONTRACT INVOLVING SALE OF GOODS: UCC...1 B. IF BOTH PARTIES ARE MERCHANTS: UCC. 1 C. CONTRACT INVOLVING SERVICES OR NON-SALE OF GOODS:..1 COMMON
More informationContracts, the UCC, and the Vienna Convention on International Sales of Goods. What every US commercial lawyer needs to know
Contracts, the UCC, and the Vienna Convention on International Sales of Goods What every US commercial lawyer needs to know Convention on the International Sale of Goods 1980 CISG Vienna Convention Uniform
More informationEssentials of Contract Law 2nd Edition Frey TEST BANK Full download at:
Essentials of Contract Law 2nd Edition Frey TEST BANK Full download at: Essentials of Contract Law 2nd Edition Frey SOLUTIONS MANUAL Full download at: https://testbankreal.com/download/essentials-contract-law-2nd-editionfrey-test-bank/
More informationTHE ASSOCIATION OF ACCOUNTING TECHNICIANS OF SRILANKA AAT (SL) INTERMEDIATE EXAMINATION - PILOT PAPER BUSINESS LAW OF. Business Law & Management
THE ASSOCIATION OF ACCOUNTING TECHNICIANS OF SRILANKA AAT (SL) INTERMEDIATE EXAMINATION - PILOT PAPER BUSINESS LAW OF Time: 1 hour 30 minutes Business Law & Management Instructions to candidates: (1) This
More informationQuestion 4. Bob s message said, The price is pretty high, so I ll have to think about it.
Question 4 Sam decided he was ready to sell his classic sports car. On May 1 and in the following order, he telephoned Bob, Carla, Dan, and Edna, each of whom had earlier expressed interest in buying the
More informationChapter 12: Real Estate Contracts
Modern Real Estate Practice, 19 th Edition Chapter 12: Real Estate Contracts 1. A void contract is one that a. was not in writing. b. was never legally enforceable. c. was rescindable by agreement. d.
More informationCONTRACTS FORMATION MODEL ANSWER
MODEL ANSWER Please compare your answer to the sample below, noting the issues you missed, whether your rule statements were included and completely stated, and whether you included the relevant key facts
More information!!!!!! LAW204!!CONTRACT!LAW!NOTES!!!
!!!!!! LAW204!!CONTRACT!LAW!NOTES!!! A IN-DEPTH NOTES FOR CONTRACT FORMATION SIDE NOTE LOOK AT ESTOPPLE WHEN THERE IS NO CONISDERATION!! Offer + acceptance = agreement Offer and acceptance = objective
More informationGOULD S BAR EXAM FLASH CARDS FOR CONTRACT LAW
Gould's Bar Examination Flash Card Series GOULD S BAR EXAM FLASH CARDS FOR GOULD S LEGAL EDUCATION Providing Quality Learning Solutions to All Law Students WEBSITE http://www.gouldslegaleducation.com OFFICE
More informationCONTRACTS SYLLABUS. Professor Celia R. Taylor Fall 2018 Telephone: (303) T/Th/F: 9-10:10
CONTRACTS SYLLABUS Professor Celia R. Taylor Fall 2018 Telephone: (303) 871-6931 T/Th/F: 9-10:10 Email: ctaylor@law.du.edu Office: 455B Office Hours: No formal hours; feel free to drop by any time REQUIRED
More informationChapter 11 Questions: Client Representation Agreements
Chapter 11 Questions: Client Representation Agreements 1. In a buyer representation agreement, the broker acts as the agent of the buyer and must protect the buyer s interests a. at all points in the transaction.
More informationGoverning law and types of contracts Contract formation Mutual Assent Contract formation Offer Contract formation Acceptance
CONTRACTS & SALES Governing law and types of contracts 1. Common law: common law supplements UCC unless otherwise displaced by it 2. UCC Article 2: covers transactions in goods 3. If UCC and common law
More informationRemedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this Chapter.
PART 7. REMEDIES 2-701. REMEDIES FOR BREACH OF COLLATERAL CONTRACTS NOT IMPAIRED Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the
More informationChapter 3. Formation of a Contract under the UCC
This chapter is a modification of a work originally authored by Scott J. Burnham & Kristen Juras and published by CALI elangdell Press under the BY-NC-SA 4.0 License. Modification by Eric E. Johnson. See
More informationGOOD FAITH. Every party to every contract for the sale or lease of goods owes every other party a duty of good faith.
GOOD FAITH Every party to every contract for the sale or lease of goods owes every other party a duty of good faith. As of January 1, 2011, twenty-eight states enactments of UCC Article 1 define good faith
More informationQuestion Under what theory or theories may Paula be successful in her breach of contract action against Bert? Discuss.
Question 1 Abby and Paula entered into a valid contract under which Abby agreed to buy and Paula agreed to sell for $1.5 million a printing press for Abby s business. Abby made a $500,000 payment to Paula
More informationCA Foundation New Format Questions & Answers
CA Foundation New Format Questions & Answers Q.1 what is proposal/offer. Explain types of offers? Ans Meaning - An offer is the starting point in the making of an agreement. An offer is also called 'proposal'
More information10 April But rarely is this the position in practice.
Bank Guarantees 10 April 2014 Most construction contracts for large scale infrastructure and commercial projects require contractors to provide a principal with an unconditional bank guarantee to secure
More informationSALES TOPIC OUTLINE 1
SALES TOPIC OUTLINE 1 1. UCC Article 2 applies to (2-102) 2. Goods are (2-105)(1), (4) 3. Merchants are (2-104) 4. Goods to be severed from realty (2-107) 5. Statute of Frauds (2-201) 6. Parol Evidence
More informationPurchases and Sales Under the Uniform Commercial Code
Bulletin No. LL2 Revised File: Legal B u l l e t i n Purchases and Sales Under the Uniform Commercial Code The Uniform Commercial Code is in effect in all states (but Louisiana has not adopted all Articles)
More informationSales and Leases Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Fall Sales Contract Terms
Sales and Leases Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Sales Contract Terms I. Express and Implied-in-Fact Terms A. The Article 2 Parol Evidence Rule: 2-202
More informationTexas Real Estate Law
Table of Contents MODULE 3: CONTRACTS, PURCHASE AND SALES AGREEMENTS... 3 MODULE DESCRIPTION... 3 MODULE LEARNING OBJECTIVES... 4 KEY TERMS... 5 LESSON 1: TYPES OF CONTRACTS... 12 LESSON TOPICS... 12 INTRODUCTION...
More informationCONTRACT : DEFINITION AND CONCEPT
CONTENTS 1 CONTRACT : DEFINITION AND CONCEPT 1.1 Introduction 1 1.2 What is contract 2 1.2-1 Agreement 2 1.2-2 Legal enforceability of an agreement 3 1.2-3 All agreements are not contracts 5 1.3 Essential
More informationContract Law for Paralegals: Chapter 17 Chapter 17
Contract Law for Paralegals: Chapter 17 Chapter 17 CHAPTER 17 Plaintiff s Remedies under Article 2 of the UCC Part VII of the text moves beyond the two parties to the contract. Part VII (Chapter 17) covers
More informationUnderstanding the CCCM
Understanding the CCCM Breakout Session #: C09 Gregg Rupkalvis Date: Monday, July 25 Time: 4:00pm-5:15pm Agenda Role of the CCCM Managing Contractual Risk Purpose/ Construction of the UCC Requirements
More informationSales and Leases Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Spring Nonconforming Goods
Sales and Leases Professor Keith A. Rowley William S. Boyd School of Law University of Nevada Las Vegas Nonconforming Goods I. Buyer s Article 2 Rights with Respect to Nonconforming Goods A. General Rule:
More informationBusiness Law, 9e (Cheeseman) Chapter 9 Nature of Traditional and E-Contracts
Instant download and all chapters Test Bank Business Law Legal Environment Online Commerce Business Ethics and International Issues 9th Edition Cheeseman https://testbanklab.com/download/test-bank-business-law-legal-environment-onlinecommerce-business-ethics-international-issues-9th-edition-cheeseman/
More informationSummary. Sale of Goods Act, 1930
1 Summary Sale of Goods Act, 1930 The Sale of Goods Act involves Preliminary/ Introduction, Contract of Sales, Conditions and Warranties, Effects of the Contract- passing of Property; Unpaid Seller and
More informationAcquiring Real Property for Federal and Federal-Aid Programs and Projects
Acquiring Real Property for Federal and Federal-Aid Programs and Projects Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as Amended. Modified specifically for Alaska.
More informationCHAPTER FOUR REAL ESTATE TABLE OF CONTENTS
CHAPTER FOUR REAL ESTATE LAW TABLE OF CONTENTS 1) LEGAL PRINCIPLES OF A CONTRACT PAGE 2 2) CLASSIFICATION OF CONTRACTS PAGE 9 3) LEGAL EFFECT OF A CONTRACT PAGE 13 4) CHANGES IN CONTRACTS PAGE 17 5) OPTIONS/RIGHT
More informationProfessional Practice 544
January 29, 2018 Professional Practice 544 Contract Law and Contract Formation Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff
More informationUNIT I INDIAN CONTRACT ACT, 1872
Contents About the Author I-5 Preface I-7 Syllabus I-9 Chapter-heads I-11 List of Cases I-23 UNIT I INDIAN CONTRACT ACT, 1872 1 ICA, 1872 : NATURE, MEANING, ESSENTIALS AND KINDS OF CONTRACT 1.1 Introduction
More informationebook - CANNOT BE PRINTED Contracts & UCC Tim Tyler, Ph.D., Attorney at Law
NAILING THE BAR TM ebook - CANNOT BE PRINTED Contracts & UCC Essay Questions from California Bar Exams 2002-2013 Tim Tyler, Ph.D., Attorney at Law Overview Overview Here are 39 essay questions about Contracts
More informationTitle 11: UNIFORM COMMERCIAL CODE
Title 11: UNIFORM COMMERCIAL CODE Article 2: Sales Table of Contents Part 1. SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER... 5 Section 2-101. SHORT TITLE... 5 Section 2-102. SCOPE: CERTAIN SECURITY
More informationNATIONAL INTERACTIVE STUDY GROUP UNIT 5 QUESTIONS
NATIONAL INTERACTIVE STUDY GROUP UNIT 5 QUESTIONS National Interactive Study Group 2 SESSION 5 JOHN MATHIS Notes for Tonight 1. PLEASE USE MUTE *6 TO SILENCE YOUR PHONE # 6 TO UNMUTE. 3 2. Chat is the
More informationWEEK 3 INSTITUTE OF CHARTERED ACCOUNTANTS OF NIGERIA TOPIC: LAW OF CONTRACT 1
WEEK 3 INSTITUTE OF CHARTERED ACCOUNTANTS OF NIGERIA Answer the following questions: SECTION A : MULTIPLE-CHOICE QUESTIONS TOPIC: LAW OF CONTRACT 1 1. Which of the following is NOT an illegal contract
More informationMBE Strategies for Contracts and Sales
MBE Strategies for Contracts and Sales 1. Introductory tips: Contracts and Sales is one of the hardest subjects for students to master. There are many topics and sub- topics within this subject. In order
More informationUNIT 5: BOBRA TAHAN HOWARD HARRIS
NATIONAL INTERACTIVE STUDY GROUP 1 UNIT 5: BOBRA TAHAN HOWARD HARRIS Study Group Information 2 Information regarding the Study Group may be found at: www.kapre.com/nationalinteractivestudygroup At this
More informationTitle Example. Cure of Title Defect and Tender. When Tender Is Excused: Review. Closing and Tender
Buyer s duty to pay purchase price and Seller s duty to deliver deed are concurrent conditions One party ordinarily can t sue to enforce a contract to purchase/sell land unless that party tenders performance
More informationContract Law Basics and Standard Form Construction Contracts ENSC SFU. Presented by: Bob Gill, MEng, PEng, FEC
Contract Law Basics and Standard Form Construction Contracts ENSC 406 - SFU Presented by: Bob Gill, MEng, PEng, FEC Overview > Contract Law Basics > Construction Contracts > Typical Forms > Project Delivery/Contract
More informationCopyright -The Institute of Chartered Accountants of India ADDITIONAL QUESTION BANK
ADDITIONAL QUESTION BANK INDIAN CONTRACT ACT, 1872 1. Which of the following statement is true? a. An agreement enforceable by law is a contract b. An agreement is an accepted proposal c. An agreement
More informationUNIT 5: BOBRA TAHAN HOWARD HARRIS
NATIONAL INTERACTIVE STUDY GROUP 1 UNIT 5: BOBRA TAHAN HOWARD HARRIS Study Group Information 2 Please refer to your dashboard for the following: Link to calendar of discussion topics Links to discussion
More informationARE WE THERE YET? An Examination of the Commencement & Termination of an Oil and Gas Lease. Institute for Energy Law Texas Mineral Title Course
ARE WE THERE YET? An Examination of the Commencement & Termination of an Oil and Gas Lease Institute for Energy Law Texas Mineral Title Course Houston, Texas Friday, May 3, 2013 Peter E. Hosey & Jordan
More information---------------------------------------------------------------------------------------------- AIFC IMPLIED TERMS IN CONTRACTS AND UNFAIR TERMS REGULATIONS AIFC REGULATIONS No. 6 of 2017 December 20, 2017
More informationLegal Issues and Resolving Disputes With Counterfeit Components
Legal Issues and Resolving Disputes With Counterfeit Components Event: Counterfeit Components Symposium Sponsor: Components Technology Institute, Inc. Location: Grosvenor Resort Orlando, Florida Presenter:
More informationRESIDENTIAL PURCHASE CONTRACT
RESIDENTIAL PURCHASE CONTRACT Between THE SELLER and THE BUYER Name Name Name Name 1. THE PROPERTY 1.1 The Property is: (a) the land and buildings located at: Municipal address: (street number and name),
More informationChapter 9: Offer and Acceptance
89 Chapter 9: Offer and Acceptance As we have already seen, a contract is a legally enforceable agreement between two or more parties. As this definition implies, a contract depends upon the consent of
More informationEXTRACT FOR QUESTION 7
EXTRACT FOR QUESTION 7 THIS EXTRACT IS TO BE USED FOR QUESTION 7 OF THE BOARD S WRITTEN TEST. THIS EXTRACT CONTAINS SELECTED PROVISIONS OF THE ANNOTATED CODE OF MARYLAND, COMMERCIAL LAW ARTICLE, TITLE
More informationTopic 10 Covenants. What is a covenant?
Topic 10 Covenants What is a covenant? Promises in a deed when you sell land Contractual rights and obligations that relate to land and bind the parties to act in a certain way towards the land Positive
More informationCONTRACTS THREE HOURS. THIS IS A CLOSED-BOOK EXAM.
AGN: Caroline Bradley SPRING SEMESTER 2013 CONTRACTS THREE HOURS. THIS IS A CLOSED-BOOK EXAM. Try to show thought and critical analysis of the materials and issues dealt with in the course. DO read the
More informationSincerity Among Landlords & Tenants
Sincerity Among Landlords & Tenants By Mark Alexander, founder of "The Landlords Union" Several people who are looking to rent a property want to stay for the long term, especially when they have children
More informationINDEX. ABANDONMENT waiver, distinguished from, 242. AGENCY apparent, seller with, sale by, 110 necessity, of, 126, 288 sale, distinguished from, 11
INDEX ABANDONMENT waiver, distinguished from, 242 ABSOLUTE SALE OF GOODS, 23 ACCELERATION CLAUSES, 296 ACCEPTANCE acts of, inconsistent with seller s ownership, 223 breach of condition, after, effect of,
More informationSTUDENT CLASS DATE. Directions: Fill in the blank(s) with the most appropriate term or phrase to complete the sentence. Answers
LESSON 13 1 QUIZ Legal Concepts Directions: Fill in the blank(s) with the most appropriate term or phrase to complete the sentence. 1. A(n)? occurs when the buyer delivers the agreed price and the seller
More informationPART 1: BROKERS. Sources of Relevant Law. Selected Statutes and Regulatory Materials Concerning Brokers
PART 1: BROKERS Intro The broker puts a seller and buyer together and serves as an intermediary during negotiations. o They have the authority to show, advertise and market the property The sales agent
More informationPANCHAKSHARI S PROFESSIONAL ACADEMY PVT LTD
Discharge of 1. A is discharged by breach when a party to a a. refuses to perform his promise b. fails to perform his promise c. disables himself from performing his part of the promise d. all of the above
More informationYour guide to selling a home
Your guide to selling a home Your guide to selling a home DISCLAIMER This booklet is an introductory guide. Buying property is a complex and sometimes fast-moving legal process. Every transaction is different,
More informationUse of Possession/Occupation Lines 3. Surveyor s Responsibility Options for the Surveyor: Ownership Boundary Changed by Occupation: 1.
Lines of Possession Use of Possession/Occupation Lines: 1. Evidence of the record boundary. 2. Foundation for title boundary. a. Estoppel b. Adverse possession c. Acquiescence d. Practical Location e.
More informationUNIT - 4: UNPAID SELLER
2.44 BUSINESS LAWS UNIT - 4: UNPAID SELLER LEARNING OUTCOMES In this unit, the students would be able to: Understand the concept of Unpaid Seller Know the rights of Unpaid Seller Analyze the effect of
More informationInternational Commercial Law Notes
International Commercial Law Notes Contents Contents 1 International Commercial Transactions 7 Procedural steps 7 Transactions connected with a sale of goods 7 1. Contract of Sale 7 Potential issues: 7
More information