signed, which released Wilderness Adventures, an overnight for profit organization, from liability of injuries including those sustained due to negligence enforceable? Brief Answer Most likely yes, there are no statutes in Massachusetts that specifically cover this issue. Therefore we must look to common law to try to predict what the court will decide in our particular issue. Generally Massachusetts favors the enforcement of waivers as long as there an absence of fraud, but will not favor the
Q. #1). Why did the court in the Hargrave case (Text p. 173) find that Karen Hargrave was not, in fact, married to the decedent, Duval? A: The Oklohoma Supreme Court emphzised the most important element in common law marriage, particularly in the case Hargrave v. Ducal-Couetil. Karen Hargrave’s own testimony failed to prove a “clear intent to marry.” To decided Hargrave case, the OK Supreme Court cited Brooks, and earlier case decided by the very court: “To constitute a valid ‘common-law marriage
6 INTRODUCTION The law relating to contracts in India is contained in Indian Contract Act, 1872.Under Section 2 (H) of this act, it is said that an agreement enforceable by law is said to be a contract when documented and signed. It was a question whether a mortgage executed by a minor in form of a contract is enforceable against him or by any other person on his behalf. CASE BRIEF The plaintiff, Dharmodas Ghose, while he was a minor, mortgaged his property to secure a loan of Rs. 20,000
and objective of the court will be to make orders that guarantee a reasonable standard of living for you and your children. Consequently, the court has the power to make any financial orders that deems reasonable and fair to both parties. Further, the court will dictate what type of financial arrangements are to be taken and how this will be paid to you. For instance, Mike may be ordered to make periodic instalments or a lump sum payment to you, even in some cases the court has considered appropriate
appropriate steps to mitigate its damages and the court ruled in favor of the school and that Klyap owed $4,100. The key facts are that Klyap applied and accepted the position, signed a contract that included a liquidation clause as well as signed a notice accepting the responsibilities for familiarizing himself with the teacher’s handbook, which also included the liquidation damages clause. This case illustrates that a liquidated damages provision is enforceable if it is a reasonable forecast of the harm
of Article 32(2) of the constitution of India, the Supreme court, in clear terms, has observed that the court has power under Article 32(2) to issue whatever direction, Order or Writ that may be appropriate in a given case for the purpose
the contracting parties itself and the court of law acts while in non-performance to enforce agreement.
TASK 3 Analyze terms in contracts with reference to their meaning and effect. Conditions, warranties and innominate terms In most cases, the terms in a contract are not equally important. In a services contract, terms that relate to payment deadlines and the date of the service provided is probably of greater importance. Should the important terms not be fulfilled, the contract, as a whole, may be terminated. When drafting contracts, parties may highlight important parts in respect of “express
The courts, on numerous accounts , have had to “invent” consideration when it is lacking to justify enforcement, thus drawing the question on whether or not “invented” consideration differs from “ordinary” consideration. Atiyah argues that “if an invented
Under the new protection clause , the supreme court has used the equal protection clause to scrutinize closely any state law or practice that discriminates among groups in their enjoyment of fundamental rights. The equal protection clause “creates no substantive rights”. But is concerned with substantial