In all three case, the implied terms of good faith were not consistent with the termination clauses that allowed termination for any reason with little to no restrictions as in all cases, the only true restriction was a required period of written notice to the terminated party. When preparing termination a clause, it is vital to consider any procedure of the clause. Is the right of termination foreseeable and should be restricted to include notions of good faith and reasonableness? The authors
term of the contract, going to the very root of the contract. In an event of a breach of condition, the innocent party would be allowed to discharge his/her obligations and also be able to claim for damages for the breach from the contract breaker. A relevant law case for Conditions would be Poussard v Spiers (1876). Warranties are a relatively less important term as it is secondary in nature and does not go to the root of the contract. Breach of warranty does not entitle a contract to be discharged
When we look into the sphere of private law theory, utmost importance has been given to the remedy aspect of it. In recent tort law developments the area of English Unjust Enrichment law has been increasingly concentrated on. Conventionally, restitution was the only gain-based remedy, but in present times the internal feature of private law has paved way for other gain-based remedies to be adopted. The most widely used remedy is however the concept of compensation, a loss-based remedy. Professor
of a legally binding contract. To enforce an agreement, parties must prove the existence of an intention to create legal relations as well as consideration between the parties and lastly whether the parties have capacity to contract. In the given question, the issue is whether a person who is a minor or underage can legally enter into a contract that will bind the contracting party. This issue will be resolved by applying the principles of contract law in particular the Contract Act 1950 as it deals
high tech agro-farmers. Their job is to sell the company’s portfolio to prospective clients in an attempt to make a deal. As an incentive for their efforts, they would each receive a 1% as a bonus of the total value of the each contract over $500,000. Eager to get a contract with a million-dollar client in Manila, Nunez stepped out of bounds and tweeted information about the proprietary information with the Manila client. Both Kerry and their supervisor, Joshua Hellman quickly recognized
procurement procedures, lofty cost of projects, absence of fair-mindedness, along with inflating contract
scholars view law and politics as inseparable. Do you believe that legal reasoning is inherently a political activity or does law represent an autonomous system of interpretation and reasoning? Explain with reference to specific authors. Introduction: [] Critical legal studies are defined as “a theory that challenges and overturns accepted norms and standards in legal theory and practice” . The basic ideas behind Critical Legal theory is that law is politics based, and that the law merely exist
SEMINAR Introduction Unconscionablity Unconscionability is a doctrine in contract law that describes terms that are so extremely unjust, or moreover one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Thus, it is determined by examining the circumstances of the parties when the contract was made, such as their bargaining power, age, and mental capacity. Other issues might include lack of choice, superior knowledge, and other obligations
to enforce compliance with laws and some degree of centralization. There can be two reasons for obeying a law: a prudential and a moral reason. The prudential reasons to obey the law doesn’t prescribe a moral duty upon the individual and has no moral justification unlike the moral reasons of following a law. The modern liberal philosophy is based mainly with the importance of consent. For example, consent is powerful enough to turn battery into boxing. That being the case, the ideal method of establishing
secure contracts for their firms or make huge but undeserved profits (Hudon, 2011). The Quebec construction industry, in particular, has been at the centre of controversy in the recent past, with reports indicating that corruption in the Quebec construction industry is deep and widespread (Connor, 2014). According to reports by the commission of inquiry into the issue, most construction companies in Quebec province are involved in corrupt activities with regard to securing construction contracts as well