Factors for consideration a. law’s non-logical implications in interpretation what parties would’ve agreed to (ex. Haines: duration and scope of contract) - policy: at-will doctrine in employment: policy - would’ve agreed to terms had they anticipated situation - had in mind, but didn’t express it b. context - what is the objective of the contract? Is it ambiguous? Ex. Spaulding v. Morse (369): stop yearly payment to trust during time in armed services - enforce according to terms if unambiguous, consider context if terms are ambiguous - not only context at time of contract formation, but also what happened AFTER ⇨ changed circumstances - why look at context?
It must include the fundamental terms of the agreement with the intention that no further negotiations are to take place. An invitation to treat is different to an offer as it only invites the party to make an offer and it is not intended to be binding. ix) In contract law consideration is required as an inducement to enter into a contract that is enforceable in the courts. It is an essential element for the formation of a contract. What constitutes sufficient consideration, however, has been the subject of continuing legal debate.
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.
Question 1 Utilitarianism Ethics It would seem in this instance if “2 Day FM’s Hot 30” was to broadcast the prank, it would not promote the greater good. The greater good could include the company maintaining their public perception of ethical behaviour and being compassionate to all individuals. The negatives could be that the radio station might feel restricted in what they can and cannot do, and this may be another indicator of that fact. Specifically, how they cannot share a humorous prank on air. By using utilitarianism ethics it would seem the benefits of not airing the prank would be more beneficial.
The decision handed down by the arbitrator is final and binding to those in dispute. Failure to follow the arbitrator’s decision will result in the offending party will be subject to
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.
Exercising your human rights ...see if the problem can be resolved without going to court If you are in a situation in which you believe that your human rights are being violated, it's advisable to see if the problem can be resolved without going to court by using mediation or an internal complaints body. Where you believe your rights have not been respected and you cannot resolve the problem outside court, you are entitled to bring a case before the appropriate court or tribunal in the UK. * Care Standards Act (updated 2005) * Finally realising the importance of the sector, the government appeared to decree a softly softly approach to the new regulator, extolling it to adopt a conciliatory attitude and "work in partnership" with care homes whilst they worked towards compliance with the new rules. * This, coupled with the major tasks of setting up it’s systems, organising it’s resources and bringing on board a number of other, previously unregulated, services kept CSCI, now CQC (Care Quality Commission) busy in the early years and little regulatory action seems to have been
This paper is a research about how the Olympic Games affect the global communication. Our answer is that the Olympic Games affect more on the global individual communication, but have rare effects on national communication. To support the idea that the Olympic Games have limited effects on national level, we have two major reasons to support that. The first reason is that the Olympic Games give an illusion of harmony between nations. The second one is the Olympic Games’ effects on national relationships are limited by that specific period which is holding the Olympic Games.
3) In relation to the question of damages to be awarded by the courts in relation to a breach of contract, the current position in English law represents something of a dilemma. The courts seem to be pulled, on the one hand, by the need to ensure that obligations entered into in a contract are carried out to the letter, whilst on the other hand avoiding overcompensation of the aggrieved party. The aim of this essay is to look at the approach of the courts in relation to remedies for breach of a contract with specific reference to the awarding of damages. We will ascertain as to how the courts try to ensure that contractual obligations are fulfilled in case of a breach of contract and we will do this with specific reference to the types of damages to be awarded by the courts and try to establish the aim of the law when awarding these damages. We will then, with specific reference to three key cases, look at the compensatory approach of damages and look at the key principles brought about by these cases and the current standing of the law, with the aid of cases and academic writing.