Contract law

Unconscionable conduct may occur due to contract been void where one party has taken advantage unfairly towards other party example case : Blomley v Ryan (1956) CLR 362 (BOOK). There is a need for having two elements within unconscionability. Both of these element have to be presented for proving the validity of the contract. These are substantive unconscionability and procedural unconscionability (Dobbs 2002). The procedural unconscionability…

Contract. When most people hear that word they think of a time consuming piece of paper. Instead, they should think of an agreement or something that could possibly save them hundreds of dollars. Also, they should not just think of a piece of paper. For contracts to be enforceable, they do not have to be in writing. Yes, some contracts are on paper and sometimes there are some contracts that are required to be in writing, but there is also contracts that are electronic. Most verbal contracts are…

enough to be a contract. To understand if Boris Byer and Celia Cellars agreement would reflect a valid contract, it is best to look at the essential elements of the contract. Is there a contract in this case, what is the status of the contract, does the napkin have any significance, and then drawing a conclusion to determine if Boris Byer and Celia Cellar have a contract. First, we must examine the facts of the situation and apply it to our equation of the essential elements of a contract. In…

miles, he should have the vehicle serviced (retorqued). Before this happened, the vehicles’ motor blew up again and was towed to Barco Auto. Because of this, Golumbia supposedly missed a business meeting that eventually cost him the loss of a $40,000 contract, which PSI would file a counterclaim for. The plaintiff lease form has many safeguards to insulate itself.…

party is entitled to judgment solely as a matter of law, then the judge must grant summary judgment. Id. at 250. Plaintiff #1 admits to making the online purchase of the generator. He admits to seeing the hyperlink, ignoring it, and clicking “ACCEPT AND PAY.” Plaintiff #1 does contend that he did not agree to the terms of the disclaimer. (Deposition of Richard Imry, p. 5, line 3). However, this is not a question of fact, but rather a question of law. B. The hyperlink’s admonition to view the…

dollars. The house was inspected by the defendant who asked the plaintiff’s real estate agent if the home had termites. The real estate agent informed the defendant that there was not a termite problem in the home. Later, the defendant’s brother-in-law asked the plaintiff if there were termites in the house and the plaintiff said no. Before the defendant signed the sales agreement, he inquired again if there were termites in the house and if an inspection was necessary, the agent restated that…

1. Name three specific cyber issues that have necessitated new laws. 1) Credit card fraud. 2) Cyberstalking. 3) Theft of intellectual property and Identity theft. 2. What are the elements required to form a contract?  Offer and acceptance: • Offer must be specific, complete, capable of acceptance and made with the intention of being bound by acceptance. • An acceptance is a final and unqualified expression of assent to an offer that is made in response to an offer and corresponds with the…

devices and has received a letter from the store asking for the agreed upon units promptly. A few factors need to be considered in order to conclude a valid contract has been made between Sam and the national store chain. First, an agreement must contain an offer and acceptance. There must also be consideration, capacity and legality for a contract to…

subcontractors into signing contracts that put them in terribly unfavorable positions. And after that subcontractors bully sub-subcontractors into signing equally unfavorable sub-contracts. However, not all contracts are terrible, what causes them to be so one sided are specific clauses that are inserted in an attempt to transfer responsibilities…

situation is analyzed in a systematic manner, one can say that Ricky’s advertisement can be considered as an offer and an invitation to treat. By using apt laws in the below order it can discussed to justify. Issue: The advertisement given by Ricky can be categorized as a unilateral contract; an offer deemed to the whole world. Law: Unilateral contract can arise if the commercial is deemed to be an offer to any human who is capable of meeting the conditions. Case: By taking the case Carlill v.…