out some repairs and improvements on a bungalow, such property was part of the family estate her father in law owned before he passed away. According to Majorie’s father in law’s will, he had left the bungalow along side all property under his name to his wife for life then on trust for Majorie’s husband and his four siblings. After the work was finished Majorie’s brother and sisters in law signed a document to state in consideration of her effort of carrying out the repairs of the bungalow, they
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1. In State X, persons must be at least eighteen years old before they can purchase alcoholic beverages. The state also has passed a law requiring that persons who prepare and serve liquor in the form of drinks in commercial establishments be licensed. The only requirement for obtaining a yearly license is that the person be at least eighteen years old. Moffitt, aged thirty-five, is hired as a bartender for Lone Star Restaurant. Bekins, a staunch alumunus of a nearby university, brings twenty of
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Overview of Contract Law -promise=commitment, if not doneremedy -contract lawsocial values, interests at a specific point in time -moral obligationlike a promise to do sthhelp a friend with homework -promise that is legally bindingpay for a good that was bought -common lawall covers all contracts, unless changed or replaced by statutory law e.g Uniform Commercial Code (UCC)sales of goods Administrative agencies -service, employment, insurance, real estate contractscommon law -contract lawpredictability
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BA265 W1 Quiz 1. Under the Statute of Frauds, oral contracts are void. A) True B) False 2. A contract that by its own terms cannot be performed within a year must be in writing to be enforceable. A) True B) False 3. An oral contract for a transfer of land is never enforceable. A) True B) False 4. A contract must be in writing to be enforceable if it makes performance possible only over a period of more than one year. A) True B) False 5. Randy and Beach Biz Company enter into an
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emancipated. It can be expressed or implied. 2. Under what circumstances will a covenant not to compete be enforced? When will such covenants not be enforced? * In employment as long as time and geographic terms are reasonasble. Sale on ongoing business. 3. What is an exculpatory clause? In what circumstances might exculpatory clauses be enforced? When will it be enforced? * Release a party from liability in the event of monetary or physical injury- no matter who is at fault. Enforceable when
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Misappropriated the proceeds. The buyer (A) resold the car to K the defendant. It was held that A had obtained a good title to the car from the merchantile agent and conveyed a good title to K, the ultimate buyer, and therefore F, the real owner cannot recover the car from K. Transfer Of Title By Estoppels As we have learnt earlier, estoppel arises when a person by his/her words or conduct makes another person believe that certain affairs existed. He/she later on not allowed to deny that such
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NEGLIGENCE – If a careless act by the person causes harm to another Committed if: 1.They owe the other person a duty of care; and 2.They breach the duty of care; and 3.Their breach causes the other person to suffer reasonably foreseeable harm 1. DUTY OF CARE RELATIONSHIP - between parties, does one owe a duty of care to other? Doctors owe DOC to patients AN EXISTING RELATIONSHIP BETWEEN PARTIES WHERE THE DEFENDANT HAS ASSUMED RESPONSIBILITY FOR THE PLAINTIFF – DUTY OF CARE OWED. TAME V NEW
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Discharge of Contract Bringing a contract to an end A contract once formed can come to an end in one of 4 ways: By Performance Performing party must perform exactly as required under the contract in order to get benefit of contract (payment). IF NOT, cannot seek any payment from the other party as rule will be misused. Case: Cutter v Powell (1795) [Pg 104] * Payment was conditional on the voyage being completed & since voyage was not completed; payment was not due SECTION 3
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Chapter 17 Notes: Contracts are private agreements between parties who each have rights and liabilities under the contract. (privity of contract). Assignments and Delegations (occur after a contract has been made) Assignment - transfer of contractual rights to a third party. Effect of an Assignment When rights under a contract are assigned unconditionally, rights of the asignor are extinguished. Asignee is only allowed to take the rights that the asignor originally had. Form of the Assignment
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LAW OF CONTRACT: VOIDABLE CONTRACT A formal agreement between two parties that may be rendered unenforceable for a number of legal reasons. Reasons that can make a contract voidable include failure by one or both parties to disclose a material fact. Circumstances or features that make a contract voidable include coercion, undue influence, fraud, misrepresentation and mistake. Based on our case review, we more focus on voidable contract under undue influence. In section 16 has defined undue
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