Contractual term

Putnam Construction and Realty Co. vs. Byrd is a case where buyers remedy is made evident. The plaintiff is Putnam Construction and Realty Co. The defendant is William Byrd. The construction company owned University Square Business Center. It is an office with different tenants. William Byrd and some buyers wanted to buy University Square Business Center so they started a contract. They were able to get a loan for $16.2 million from Northwestern Mutual Life. The loan was secured with a mortgage…

Rehaf AL Sehli Getting to Yes, Fisher and Ury. pp. 1-106 Principals of negotiation according to Roger Fisher and William Ury are: Chapter I: The Problem 1- Don’t bargain over positions Taking positions between parties could provide an anchor in an uncertain and pressured situation which leads to an acceptable agreement. Positional bargaining fails to meet the basic criteria of producing a wise agreement if agreement is possible, efficiently and amicably. There are some methods of why…

This essay seeks to discuss the Doctrine of Promissory Estoppel and the Doctrine of Consideration, as well as a clear analysis, with the use of case law, how Promissory Estoppel has become an exception to the general principle that a promise may only be enforced if it is supported by good consideration; it will ultimately conclude whether or not a promise to accept a smaller sum in discharge of a larger sum, if acted upon, is binding notwithstanding the absence of consideration. A contract is a…

not made out of pretence and that arrangements for diving the land and changed the occupiers. This holding was also carried out in the House of Lords. Being that the agreements were created separately, signed on a different basis and on different terms and could not by 'legal alchemy’ establish a joint agreement so as to collectively confer on the occupiers exclusive possession of the property as joint…

being a disclaimer of the implied warranties of merchantability while the second was a fitness for particular purpose. The conflict lies in the placement of the previously mentioned disclaimer, which was below and in slightly larger print than the terms-of-payment paragraph, and it was also directly above the signature line. In the agreement of the disclaimer IHC would only offer a standard printed warranty…

establish a private express trust. First it comes as certainty of intention. Hence it is important to distinguish between whether the settlor intended a simple gift to donee. But here the intention of Andy is uncertain. In which the scenario expresses the term that “would” is a precatory word. But one can argue that the level of precatory which deals with the trustee’s willingness to hold the property for the benefit of Sian rather than settlors intention to create a trust. Presuming that Andy…

The facts of Halpert v. Rosenthal are as follows: In early February, defendant (Rosenthal) and the plaintiff (Halpert) were in the process of a house sale. Defendant intended to purchase plaintiff’s house for $54,000 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…

contract with Marie, in which Marie was the offeree and Johnny was the offeror. Additionally, the other person accepted the offer; Marie accepted (offeree) the offer for Quotation A and did this without qualification meaning that Marie did not alter the terms of the offer in any way. Also, the offeree communicated acceptance to the offeror; Marie confirmed the quoted price, and made the booking through a telephone call. As decided in Powell V lee (1908) 24 TLR 606, an agreement is not…

Ex-spouses face an up-hill battle when they attempt to modify their spousal support (alimony) award or obligation. One must show a material change in circumstances justifying a modification. Furthermore, if your alimony award or obligation is the result of a settlement agreement, spousal support cannot be modified unless the agreement contains language permitting future modification. To illustrate how Virginia courts handle petitions for modification, here are a couple of recent decisions…

In advising Valerie and Una, the validity of Susan’s will shall first be looked at. It is submitted that Susan’s bequests involve the principles of secret trust which will also be discussed in this submission. Valerie will be advised on two issues: first is the validity of the bequest she is to hold on trust for Richard; second is whether Valerie will be entitled to the gift of £5,000 contained in a later codicil of the will. On the other hand, Una will want to know if she is bound to hold the…