Q: b. What could Kiffe have done in negotiating the contract to protect itself from this contingency? A: Kiffe must to add the force majeure clause in their contract to protect itself from this contingency. Because of this accident is unforeseeable. Under force majeure clause, Kiffe had no liable for this contingency.
The first category of advertisements is not considered offers, while the latter is not. Because the Vehicle Code forces dealers to sell at advertised prices if the vehicle remains unsold and before the advertisement expires, the plaintiff is reasonable to take the ad as an offer. The court next considered if the mistake was genuine. The court finds that the defendant satisfied the requirements for a rescission of the contract. The significant error in price is a mistake regarding a basic assumption.
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.
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.
One needs to consider whether the sinking of the ship was an isolated event that was easily corrected, or whether it was a serious flaw that would require costly repairs. What needs to be answered regarding the flaw is whether the vendor, Captain Jack Sparrow, should have been aware of such a flaw; that is, was the flaw as a result of a patent or latent defect. If such defect was latent, was it known to the vendor. At common law, Davey Jones should also consider the principles of product liability, a branch of negligence law, arguing that Captain Jack Sparrow Inc. sold him a defective product that was not fit for its intended and known purpose. Davey Jones could also argue misrepresentation—he was induced to enter into the contract based on representations made about the quality of the ship.
Under the legal doctrine of premises liability, commercial establishments are responsible for keeping their property safe from defects and dangerous conditions that could cause injuries. This obligation, or legal duty of care, means they must do everything reasonably possible to create hazard-free environments. The duty of care includes using wet floor signs. Management's failure to place these cautionary warning signs on and around wet and slippery areas represents a breach (violation) of their duty of care. That breach is considered negligence.
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
For a monopoly to be considered to breach antitrust laws found within the Sherman Act a set of criteria need to be met. First, the individual must be in control of a monopoly and not a perceived monopoly.The next stepping stone to breaking the antitrust laws found within Section 2 of the Sherman Act directly concerns intent. ( Antitrust,488) If it is Ashwin Selvarajan the intent of an individual to gain monopolistic control and then unleash the forces of their monopolistic control on the market, erasing many levels of competition within their business sector, then this would be considered a breach of the Sherman Act. Saul can argue Murray, by trying to break the past business practice and also by acquiring other competition is showing intent to gain monopolistic attitude. There are a few theories which support Murray Firstly, A monopoly can develop from the sale of a superior product with respect to the company’s competitors.
These can include medical bills, property damage cost of repair, and even loss of pay. Punitive damages are not intended to compensate the injured for losses, but as a punishment for the wrong doer and to deter them from committing this act again, or prevent the same negligence in the future. The four elements of a negligence action that must exist for a plaintiff to win a negligence action are duty, breach of duty, causation, and damages/injury. The plaintiff must prove all of these elements in order to be successful in a negligence claim. The first element, Duty, can be looked at almost like the Golden Rule.