EXCEPTIONS: overcome rule by finding a REAL promise - frame illusory promise as unilateral contract => enforceable ex. Gurfein (99): had window to cancel, but didn’t => enforceable ➢ COULD HAVE bound other party if exercise option - Implied promises ➢ UCC §2-306 (2): a contract to engage in exclusive dealing gives rise to an implied promise to use best efforts Ex. Wood v. Lucy (104): mkt designs for profits ➢ ct implied promise: to make reasonable efforts b/c w/o implied promise, the contract would be meaningless b/c structural agreement = incentive to use best effort is built in Ex. Grouse (110): promised at-will job, not allowed to start work ➢ implied promise in at-will jobs = “good faith opportunity to perform satisfactorily’ - Structural agreements Ex. Lacledes(106): supply propane for long period ➢ although not bound to purchase, practical binding exists ➢ pipes connected to Amoco supply source ➢ hostage theory of contracts: voluntarily
The question is whether the competition is covered by statutes implying that refund of competition fee is attainable should the competitor be unfit to take on the competition. Jenny cannot take the law of frustration in consideration, because it will only bring an advantage to the opposite party, and not to her, hence the law of frustration sets aside the contract. Law There are three reasons why terms may be implied into a contract. First, where a term is required to give business efficacy to the contract these terms are generally known as terms implied by fact. Secondly, where terms flow from the obligations of the common law or statute these terms are called terms implied by law.
According to the Latin maxim “nemo dat quod non habet” set out in S21(1) of the Sale of goods Act 1979 the seller cannot pass to a buyer a better title to the goods than he himself possesses. This is an indication that English law generally opts to safeguard the rights of the true owner although there have been attempts to tip the scales in favour of the private purchaser. There are exceptions set out in the SGA, which protect the rights of third parties who have bought the goods from a non-owner without knowledge of the fraud. One of those exceptions is contained in S27(1) of the Hire Purchase Act 1964 which awards a good title to a private purchaser, who buys from a hirer a motor vehicle subject to a hire purchase or conditional sale agreement. According to S27(2) he must do so in good faith, without any notice of the hire purchase agreement.
Stein should sue. Alternately, if Stein wants to sue Gortino for fraud to cancel the sale or come up with a different settlement, she can do that. Discussion 2: How does this doctrine act as an exception to the elements and requirements of a contract? This doctrine can act as an exception because, according to Reinstatement Section 90, the promise doesn't have to be "so comprehensive in scope as to meet the requirements of an offer that would create a binding contract if accepted by the promisee" ("Hoffman v. Red," 1967). Also, the promissor has to expect that, upon the promise, it will induce action by the promisee.
Davey Jones could also argue misrepresentation—he was induced to enter into the contract based on representations made about the quality of the ship. There appears to be no evidence of fraudulent intent. As a result, Davey Jones will have to plead either innocent or negligent misrepresentation. Since he appears to want to cancel the contract, he can plead either innocent or negligent misrepresentation. If he claims fraudulent misrepresentation and is unsuccessful, then Davey Jones will likely have to pay Captain Jack Sparrow Inc. its full legal costs.
http://www.law.cornell.edu/wex/Ethics Though law often embodies ethical principals, law and ethics are far from co-extensive. Ethical values and legal principles are usually closely related, but ethical obligations typically exceed legal duties. In some cases, the law mandates ethical conduct. Examples of the application of law or policy to ethics include employment law, federal regulations, and codes of ethics.
Basaquiat, I believe that it could go either way. Basaquiat wrote a contract stating that Rosenfeld made a deposit for particular paintings and signed it alone with Rosenfeld signature even though it was in crayon. Some people would look at this as a legal binding contract regardless of how or what it was written with. Two signatures, the purpose of the contract, and the correct date the contract was signed, shall be binding. Others will argue that the crayon written letter would not be enough evidence to win a lawsuit and the other side could argue the point of the contract being written in
Ethics can be separated into two categories, namely compliance and value. Compliance ethics emphasizes on following the law where individuals’ behaviour requirements are influenced by rewards and sanctions, while value ethics emphasizes on inspiring principles that people are expected to have such as integrity and fairness (Paine 1994). However, there can be cases where it is legal, but unethical. An example of this is from the case where Dr Susan Lim overcharged a Brunei royalty for her fees (Ho 2013). This is a legal but unethical issue.
The producer has the power because they’re presenting the terms and conditions to the receiver and if they don’t want to follow the producers rule then they will not be allowed to borrow the boat. The receiver however can retrieve the power back by not signing the form. This will change who has the power because they will not be doing what is asked of them and are fighting the power and as a result the power is therefore negotiable. The producer has exerted power through graphiological features of the text, they have changed some words of their choice into bold whilst the body of the text is left normal. This has been done to put some emphasis on certain parts in order for the reader to pay more attention to them.
The Imperial secretary Sang Hongyang declares “abolition of these measures is not expedient.” This statement means that Legalists believe the policies are necessary to keep the empire running and that it is not practical to abolish them, for then the treasuries would be depleted and funding for defense for the soldiers would be obsolete. Then he goes on to explain how “equitable marketing” was established and how it contributes to their country. Before this system, the people would send respective products as tributes to support the country, but the Legalists think that people are untrustworthy and should be governed by laws to force them to do good. They came up with this set of laws, i.e. setting up transportation offices, forcing the people to send their goods to these places because the government did not trust the quality of the products sent from the people.