Unenforceable

enforce any order or any judgment of such federal or state courts located in California, such personal jurisdiction shall be nonexclusive. 6. Severability. If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (b) the legality, validity, and enforce ability of the remaining provisions of this Agreement shall not be…

Our rights are existent due to our active government's ability to effectively tax and spend. Government interference is also relied on in instances where rights are violated. Without a well-functioning court system, citizen's rights would be unenforceable. The…

He claims “out of the 10 thousand units listed as short-term rentals there are less than 6% that have registered” meaning ‘94% of the people being part of this activity are breaking the law.’ He also mentions how the current law is “unenforceable” do to the lack of “tools.” They are lacking data that show the number of days houses are rented to enforce the law, which they don’t have, and corporations like Airbnb need to try to be part of the solution. David Campos and supporters hope for…

Is it morally wrong to smoke around your young child? I am lucky enough to have lived on this earth for forty-seven years. My parents raised me with no interference from the courts, and I am fine. I take issue with the court’s invading our lives and homes beyond what their role is in our society. Government’s role is to protect us from those who wish to harm us. The government should protect our right to live, and the government should protect our liberties. The government has no right to invade…

Any agreement that is not to be performed within one year from the making thereof, must be in writing and signed by the parties. Civil Code 1350 One cannot sue for fraud based upon the alleged breach of an oral contract which would itself be unenforceable under the Statute of Frauds. Hieke v. George (1999) Where a representation is controverted by the express terms of the contract, a plaintiff will be unable, as a matter of law, to establish that his reliance is justifiable. Callaway v. DeMain…

Using Mill’s philosophy, the intended parents can exert their liberty to abort the fetus. The intended parents’ decision to abort the fetus exercises utility since it reduces pain and suffering for the fetus and the parents, justifying the intended parents’ decision to do whatever they please to maximize happiness (Mill 1863).On the contrary, letting the intended parents abort the fetus may be seen as inflicting harm on the fetus’ liberty (Mill 1863). Hence, some might argue that the gestational…

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…

sell something of such importance should be agreeable and transcribed to a contract between parties. Unfortunately, in order for the contract to be enforceable, the purpose of the contract must be legal. A contract selling human organs would be unenforceable and against public policy. So why is selling your own human organs illegal in the United States? According to the National Organ Transplant Act of 1984 (NOTA): It shall be unlawful for any person to knowingly acquire, receive, or…

A standard contract is between two or more people written on paper, through verbal exchange, or agreed electronically. A standard real estate contract consists of many components beyond the standard contract. The general ones are below. Offer and acceptance Real estate contracts require one person or party to create a contract. An example of an offer is a seller's home for sale or rent. The recipient reads and accept/decline the terms. Then, the other party, as confirmation of the term…

The overlapping doctrines of maintenance and champerty have long been regarded as cornerstones of the common law, particularly in Ireland. While these doctrines overlap to some degree Matthew Dutton, a justice of the peace in Dublin writing in 1721, stated the difference between these two doctrines as follows: “My Lord Coke tells us, that Champerty is Maintenance, but not é converso;1 so that the Difference between these Offences seems to be thus: Champerty, is where the Party prosecuting is to…