...(b) (c) (d) Common mistake; Mutual mistake; Unilateral mistake; Non est factum. COMMON MISTAKE If the parties have reached agreement but have made the same mistake as to a fundamental fact, they have made what is often called a common mistake. The validity of the contract depends upon the type of common mistake made. Where the subject matter of the contract has been destroyed or does not exist at the time of the contract and neither party knows this, or is at fault, then the contract is void ab initio. See also s. 11 of the Sale of Goods Act. A different position applies if in fact the goods never existed. See McRae v Commonwealth Disposals Commission (1951) 84 CLR 377; Associated Japanese Bank (International) Ltd v Credit du Nord SA [1988] 3 All ER 902. Another area of difficulty has been with respect to contracts for the sale of land in situations where for example, buildings on the property are not wholly located within the boundaries of the land that is being sold. Are such contracts void for common mistake where there is no allegation of fraud? See Svanosio v McNamara (1956) 96 CLR 186. The...
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...“Contracts made by minors are void” Contracts entered into by a minor, one below the age at which state law deems persons to possess capacity to contract, currently 18 years old in most states are generally voidable by the minor-party, even if he misrepresented his age. A minor can furthermore avoid contractual obligations for a reasonable time after attaining the age of majority. However, if he fails to disaffirm within a reasonable time, the contract will become binding against him. Disaffirmance is a contractual obligation, setting aside, or a legal avoidance. For a minor to disaffirm, he or she must declare in words or in oneself, a reason not to be destined in to an agreement of a contract. They must stop the whole agreement, not just a small part of it. Minors must return all of the products that they have, not just the ones they do not want. If there, is a third party (adult) involved and have some of the products, the minor can ask for it back to return it to where he or she bought it. Once a minor reaches, the age of maturity, the court will give them two months or in some states one year to disaffirm. If the minor refuses to disaffirm, the courts will ratified it. Ratification is the act of accepting and giving legal force to an obligation that previously was not enforceable. If an adult is in this court case, they will have to be bound to it and pay. In some states and circumstances’ the courts will order and hold the...
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...marketing company must advise the Exotic Smokes Company as to the ban on flavored cigarettes. The marketing company must not advertise a banned tobacco product. With full knowledge that the product is in direct violation and continuing to market the product is unethical and will potentially open the marketing company up to litigation. The marketing company is ethically obligated to discuss the Exotic Smokes options, such as changing the product to a flavored cigar or discontinuing the flavored cigarette production. Contractual Obligations The marketing company will have to assess the risk of taking a client that can potentially expose them to risk. Contracts between two companies often have an ethical clause that will null and void the contract should either party be found in violation. The marketing company must convey the potential of unethical practices that result in law...
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...TABLE OF CASES A. Kraishnan Iyer v. Lakshmi Amma AIR 1950 Tr & Coch 73 Amrithammal v. Ponnusani (1907) 17 Mad LJ 368 Amtul Nissa v. Mir Nuruddin (1898) 22 Bom 489 Ansar Ali v. Grey (1905) 2 Cal LJ 403 Ashkar Singh & anor v. Rawal Singh & anor AIR 1992 P & H 148, 150 Atmaram Sakharam v. Vaman Janardhan (1925) 49 Bom 388 Aziz-un-nissa v. Suraj Husain (1934) All LJ 814 Baijnath Singh v. Mussammat Biraj (1923) 2 Pat 52 Balmakund v. Bhagwan Das (1894) 16 All 185 Bhagatrai v. Ghanshyamdas AIR 1948 Nag 326 Brindabini Behari v. Oudh Behari AIR 1947 All 179 Cf Re Glubb, Bamfield v. Rogers (1900) 1 Ch 354 Chennupati Venkatasubbamma v. Nelluri Narayanaswami AIR 1954 Mad 215 Cochrane v. Moore (1890) 25 QBD 57 Collector of Salem v. Rangappa (1889) 12 Mad 404 Deo Narain v. Board of Revenue (1964) 1 All 375 Deo Narain v. Kukar Bind (1902) 24 All 319 (FB) Deo Saran v. Deokhi Bharti AIR 1924 Pat 657 Dikshit v. Radha Krishna AIR 1948 Oudh 226 Ellis v. Ellis (1909) 26 TLR 166 Ganeshdas Bhiwraj v. Suryabhan (1917) 13 Nag LR 18 Gangadhar Iyer v. KB Iyer AIR 1952 Tr & Coch 47 Gangadhar Iyer v. KB Iyer AIR 1952 Tr & Coch 47 Gara Surppadu & ors. V. Pandranki Rami Naidu & ors. AIR 1984 AP 386, 390 Ghumna v. Ramchandra (1925) 47 All 619 Girjaprasad v. Purshottam (1926) 28 Bom LR 421 Hall v. Hall (1873) 8 Ch App 430 Jagdeo Sharma v. Nandan Mahto AIR 1982 Pat 32 James v. Couchman (1885) 29 Ch D 212 Kalyanasndram v. Karuppa (1927) 50 Mad 193 Kalyanasundram Pillai v. Karuppa...
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...the buyer * This may have been done innocently, such as an instance where the seller says something false but believes it to be true * It may have been done negligently, such as where the seller couldn’t be bothered to check whether what he was saying was true or not * It may have been done fraudulently- a deliberate lie Mistake * You may believe you are signing for one thing when in fact you are signing for something else. You are normally expected to read contracts you have been given and if you fail to do so you cannot get out of the contract at a later date. However, when you have been duped into doing this, perhaps one sheet of paper was deliberately hiding the contents when you signed it, the contracts would be void. * There may be a mistake about the identity of what you are buying. Jo intended to buy a landline phone and pete intended to sell him a mobile phone. Here no contract was made * You may make a mistake in understanding what the other part is telling you when they describe the product or obligation which go with it, whether in writing or verbally. The law expect businesses and people to take care when they enter into contracts and will not normally let them escape from one simply because they didn’t read it properly or listen when it was explained. Duress and undue influences * Duress is where someone is forced to do something because they are being threatened with personal injury, unlawful imprisonment or even death. A threat...
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...Nullity and Void Jasmine mentioned that she would like to make her current marriage to Annabelle null or void in some way. The meaning of marriage is the union of 2 people meaning since all the formalities were upheld their marriage is valid. The Family Law Act 1975 s 51 (FLA) states that a marriage may be null if the marriage is considered void. Void is not defined in FLA or Marriage Act 1961 (MA) however, In the Marriage of Miller (1983) 49 ALR 689 it is defined as the validity of the marriage being challenged. Void also means that the marriage was invalid from the beginning due to an essential defect that caused the marriage to never come into effect. In accordance with s 23B (1) of the MA, the only way the marriage is able to be...
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...of a legally bounding contract for an object in which has already been ordered. However, Jean cannot get out of the contract just because she is under eighteen years of age because she is running her own business and therefore she is not subject to the protection anymore. Therefore, this puts her in the same legal position that any other adult would be in, in her situation. She could attempt to revoke the offer by emailing or writing to the seller but she is still legally bound by the contract made. Q2) This issue is governed under the Law of Contract, under the formation of contract and specifically contractual capacity. Contractual capacity states that generally children under sixteen years of age have no capacity and the contract is void. However, the exception to this rule that would make the contract valid; if transaction is commonly entered into by persons if his age and circumstances and if the terms are not unreasonable. Furthermore, children under 16 are protected against ‘Prejudicial Transactions’ and can have contracts put aside by the courts In this case James entered into a contract which is commonly entered into by persons of...
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.../* * * Java II PRG 421 * June 20, 2011 * Week 4 Assignment * */ package javaapplication46; //import utilities import java.text.NumberFormat; import java.awt.event.ActionEvent; import java.awt.event.ActionListener; import javax.swing.*; import java.awt.*; public class JavaApplication46 extends JFrame implements ActionListener { //Arrays declared int loanTermsYears[] = {7, 15, 30}; double annualRatesPercentage[] = {5.35, 5.5, 5.75}; public class JTabbedPane { JPanel mainSettings = new JPanel(); JTabbedPane tabs = new JTabbedPane(); } //Labels declared JLabel AmountLabel = new JLabel("Loan Amount:$ "); JLabel PaymentLabel = new JLabel("Monthly Payment: "); JLabel InterestLabel = new JLabel("Interest Rate %: "); JLabel TermLabel = new JLabel("Loan Term"); //Text Fields declared JTextField mortgageAmount = new JTextField(7); JTextField Payment = new JTextField(7); JTextField InterestRate = new JTextField(3); JTextField Term = new JTextField(3); //Buttons declared JButton Loan7yrs = new JButton("7 years @ 5.35%"); JButton Loan15yrs = new JButton("15 years @ 5.50%"); JButton Loan30yrs = new JButton("30 years @ 5.75%"); JButton ExitButton = new JButton("Exit"); JButton ClearButton = new JButton("Reset"); JButton CalculateButton = new JButton("Calculate"); // Text Area and ScrollPane declared JTextArea LoanPayments = new...
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...Vivian would pay Bernie a $1,000 deposit in order for him to hold on to the car for her until she had the entire amount. Vivian agreed to there being a date in which she would have the full amount that she was to pay for the car, March 31. The contract stated that if Bernie breached the contract he would have to give Vivian back the deposit, however, if Vivian breached the contract Bernie would keep the deposit. They both agreed to the terms of the contract and signed it. Vivian informed Bernie 7 days before the agreed upon date of payment that she would not be able to fulfill their deal and Bernie told her he was keeping the deposit. Vivian filed suit against Bernie claiming the contract had no mutuality of consideration and was therefore void. Issue Presented The issue presented in this case is whether or not there was mutuality of consideration in the contract between Bernie and Vivian, which would justify Bernie’s retention of the deposit. Applicable Law In Busman v. Beeren & Barry Investments, L.L.C., 69 Va. Cir. 375 (2005), the courts held that the contract between Busman and Beeren was not enforceable because there was no mutuality of contract. Busman, as temporary trustee, conducted a forclosure sale of a condominium where Beeren was the highest bidder. The parties signed a Memorandum of Sale and Beeren paid a $10,000 to Busman for the condominium. The Memorandum of Sale states the buyer’s sole remedy, if the seller defaults on the agreement, is a refund of the deposit...
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... The definition of ‘consideration’ according to the case of Currie v Misa is that consideration may consist either some detriment suffered by one party or some benefit accruing to the other. Consideration is important to a valid contract because an agreement without a valid consideration is not enforceable. The doctrine of consideration is a very uncertain and incoherent area in the law of contract. The doctrine of consideration involves loads of case law that is contradictory with each other, and is subject to a great deal of debate and argument. One area of difficulty is that it is not clear when a person’s performance of, or a promise to perform, a pre-existing obligation can constitute good consideration. Generally the performance of an existing contractual obligation owed to the same party making new promise does not constitute good consideration. The old case of Stilk v Myrick had been established as the legal principle where the performance of an existing contractual duty possibly will not be good consideration for a new promise from the party to whom the duty was owed. The seamen’s contractual obligation was to sail the ship from London to Baltic and back home. Therefore, they were doing nothing more than they were already obligated to do under their original contract in getting the ship back to London. In this case, the court held that the promise to pay extra incomes by the captain was not enforceable because the crew had not provided any consideration. However...
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...------------------------------------------------- Philosophy Western philosophy Some would consider the study of "nothing" to be foolish, a typical response of this type is voiced by Giacomo Casanova (1725–1798) in conversation with his landlord, one Dr. Gozzi, who also happens to be a priest, “ | As everything, for him, was an article of faith, nothing, to his mind, was difficult to understand: the Great Flood had covered the entire world; before, men had the misfortune of living a thousand years; God conversed with them; Noah had taken one hundred years to build the ark; while the earth, suspended in air, stood firmly at the center of the universe that God had created out of nothingness. When I said to him, and proved to him, that the existence of nothingness was absurd, he cut me short, calling me silly.[3] | ” | However, "nothingness" has been treated as a serious subject worthy of research for a very long time. In philosophy, to avoid linguistic traps over the meaning of "nothing", a phrase such as not-being is oftenemployed to unambiguously make clear what is being discussed. Parmenides One of the earliest western philosophers to consider nothing as a concept was Parmenides (5th century BC) who was a Greek philosopher of the monist school. He argued that "nothing" cannot exist by the following line of reasoning: To speak of a thing, one has to speak of a thing that exists. Since we can speak of a thing in the past, it must still exist (in some sense) now and from...
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...classical lines in the piece. The wooden floorboards and walls are separated by fairly straight standard lines; while the grain of the wood is flowing and full of curves appearing to me to be more expressive. The room in the painting looks fairly dark with one window lighting a select area lighting illuminating a crib. Though the painting portrays the corner of the room the corner is not dead center is sort of at an odd angle. I believe the focal points are the crib and window which are not in the center of the room so the painting is not symmetrical in that respect. But all the floorboards and boards on the wall are layed out with very straight lines giving it an interesting contrast. The room is very large with only a small crib filling the void. The empty space grows darker the farther away from the window you look; some could see this as almost scary in appearance because of the very dark space in the back of an already darkly colored room. All these things make the piece much more complex. The more I learn about art techniques and the elements of design the more respect I gain for the artists and their works. Everything they put down matters no line or space should be taken for granted because they most likely put it there for a...
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...Perec nous dit, “je ne suis pas un moraliste, je suis un écrivain. Cela dit mon projet de départ, est un projet réaliste, donc un projet moral. » Dans quelle mesure peut-on dire que Les Choses constitue une condamnation morale de la société de consommation? For Georges Perec, this question warrants the response – ‘People who think I have denounced consumer society have understood absolutely nothing about my book’ (Bellos: 1965). It is not as easy however for the everyday reader to fully comprehend the true purpose behind Les Choses. At a glance, one might define the book as a sociological approach in criticising the impact consumerism has had on society. Much to Perec’s disappointment, this consensus became apparent when he won the Renaudot prize for Les Choses in 1965, and many considered it to be a “brilliant exposition of sociological theories…rather than a literary work” (Sheringham 2006: 251). It is the ambiguous nature of Perec’s work in accord with the heavy use of rhetoric along with other literary weapons that is central to understanding the genius behind the man. Once one analyses the subtlety of Les Choses it quickly becomes apparent that the intention is to pose more questions than give straightforward answers. In this essay I will take each aspect of these various literary techniques into account, before formulating a conclusion on the extent to which Perec morally condemns a 1960’s French society seemingly obsessed with consumption. I start with a brief outline...
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...FRAUD 2.1.2 IT IS FARUDULENTS Common law, is the two categories of agreements are not enforceable, the agreement and the agreement null and void. Invalid agreement in question is an agreement which is contrary to law or prohibited by law. Agreement or contract that illegal is actually means the agreement entered into conflict with the law is carried out in a country. This is because, within the provisions made under section 24 (a) to (e) states that a response or the objectives of the agreement is not valid if it is included in one of the following five categories. Where, in accordance with section 24 (a) describes it is forbidden by law. Whereas, section 24 (b), however, said it is way, if allowed, will disappoint the provisions of any law. Section 24 (c) explains that it is a scam. Section 24 (d) Furthermore, it involves harm to themselves or other people's property or pursuant to section 24 (e), it was considered by the court as immoral or contrary to public deception. 2.1.3 IT INVOLVES OR IMPLIES INJURY TO THE PERSON OR PROPERTY OF ANOTHER Section 24 (c), the contract in the form of fraud or deception. In section 24 (c) says that the reply or purpose of a treaty is legally valid, unless it is a fraud. Section 24 (c) is an agreement that in return or goals are hoaxes trump card is included in the contract unlawful. A reply or intent of deception or fraud is not valid. For example, the agreement between A and B, where A will pay RM2000 to B if B promises to deceive the...
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...Our client, Peter LaFleur, (“LaFleur), has been sued for breach of contract. The lawsuit was filed by Perfect Diamond Baseball Academy (“PDBA”) on the ground that LaFleur violated a non-compete clause by opening a competing facility and soliciting current and former clients of PDBA. LaFleur is a resident of Tallahassee, Florida, and was a student-athlete at the University of Rhode Island. He received a B.S. in Nutrition and Dietetics and played third base for the baseball team. After LaFleur graduated, he was drafted by a “Double-A” Minor-League baseball team in Florida, which he played for from 1999 until 2005. After his playing career, LaFleur accepted a position with the Florida Gators as a hitting coach. LaFleur enjoyed success as a coach of the Gators, but he eventually decided to search for another job in baseball. In the spring of 2012, LaFleur contacted Lucy Wilde (“Wilde”), the president of PDBA. PDBA is a baseball training facility located in Miami Springs, Florida, primarily servicing Division 1 and Division 2 college baseball players who reside in Florida. LaFleur was called in for an interview, and Wilde offered him a position as a hitting and infield coach at PDBA. Wilde was impressed with LaFleur’s prior accomplishments and was interested in the relationships that he had with collegiate baseball players. Wilde told LaFleur that although recruitment was not a requisite for employment at the facility, PDBA provided trainers with a commission of twenty percent...
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