Contractual term

• Common law duty of confidence Common law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges. It is also referred to as †̃judge-madeâ€TM or case law. The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information providerâ€TMs consent. In practice, this means that all information…

lease is a transfer of the right to the possession and use of named goods for a set term in return for certain consideration. Amy entered into a lease with High Note electronic store. She agreed to pay $25 a week for 100 weeks and final payment of $500 for an Alpo Theater. In this lease contract, Amy is considered to be the lessee. The lessee is a person who acquires the right of possession and use of goods for a set term in return for certain consideration. In this circumstance, High Note is…

discounted price in order to use provided materials KSI may be able to give the Navy both a better end project and better pricing. By negotiating with the Navy KSI could possibly come up with an agreement that benefits both parties. Suggestions of key terms could include; leasing, renting or even a reduced price contract for the use of the equipment. By convincing the Navy that the time and money will be saved by allowing use of the needed equipment KSI will be more likely to gain use of the…

1. The issue in this case is whether the doctrine of promissory estopple should be applied. Promissory estopple is a doctrine that requires people to fulfill a promise that would not meet the consideration burden for creating a contract. To invoke promissory estopple, three elements must be fulfilled. The first element is that the promisor makes a promise that they believe will increase the likelihood an action they want will occur. In the case, this requirement is met when Aunt Jennie offers…

6. ULTRA VIRES CONTRACTS A contract of company which is ultra vires, i.e., outside the objective clause as defined by memorandum of association is wholly void and is of no legal effect. The objection to an ultra vires contract is, not merely that the company ought not to have made it, but that it could not make it. The main issue is not as to the legality of the contract; but the issue is as to the competency and authority of the company to make it. An ultra vires contract which has the effect…

A. What is Sukuk? Sukuk in general can be understood as a Shariah compliant ‘bond’. In its simplest form Sukuk represents ownership of an asset or its usufruct. The claim embodied in Sukuk is not basically a claim to cash flow but an ownership claim. This also differentiates Sukuk from conventional bonds as the former proceed over interest bearing securities, whereas Sukuk are basically investment certificates involving of ownership claims in a pool of assets. B. Type of Sukuk 1) Asset Based…

It is obvious that Theresa can claim for Nominal Damages but since Theresa has suffered pecuniary loss, she would be advised to claim for pecuniary damages. Pecuniary damages are losses that can be qualified in monetary terms and they may consist of expectation losses and reliance losses. (Law Teacher, 2013) In order to recover damages, Theresa must show that her losses were caused by AirMalaysia’s breach. This is a question of causation and Theresa must prove that the…

I have read the entire case - SO Case Citation: Crandell v. Larkin and Jones Appliance Company, 334 N.W.2d 31 Facts: The prior judgement was for a motion to exclude any liability action from their product. Gloria and Crandell are the appellants and Larkin and Jones Appliance Company is the appellee. Crandell purchased a use Coronado dryer from Larkin and Jones an appliance company. It was described as a reconditioned unit with a “guarantee.” There was a 90-day guarantee for “workmanship, parts…

1. When Asserting a Legal Principle Example: Intent is a required element of the plaintiff’s claim. Crenshaw v. Baldwin, 115 Cal. App. 4th 553, 557 (1979). 1. When Referring to or Describing the Content of an Authority Example: In an earlier opinion, the court held that intent was irrelevant. Crenshaw v. Baldwin, 115 Cal. App. 4th 553, 557 (1979). Example: The court reasoned that “the state of mind of the defendant had no impact on the extent of the damages suffered by the plaintiff.”…

Moonbeam and Tang both have rights and obligations regarding the June instalment as one buyer’s right is a seller’s obligation and vice versa. Both parties are contracting states and thus the Contracts for International Sale of Goods (CISG) is applicable to this question. A contract is formed when acceptance of an offer is met according to the CISG. As per Art14 Moonbeam clearly accepts Tang’s offer to purchase the hairdryers as Moonbeam’s intent to be bound is evident through agreeing to sell…