In this essay it is explained about the concept of unconscionable conduct which that may be considered violable and enforceable within contract law. Valid contract is an agreement among the both parties, whereas unconscionable conduct is where one of the party taking unfair advantages and entering on a contract acknowledging the other parties disadvantage and disability. The contract can be voidable due to unconscionable conduct by the defendant when the plaintiff proves; they had lack of ability or disadvantage to protect themselves entering the contract and the defendant had known of the advantages of it. Furthermore, as the importance of consumer protection has grown to provide fairness in contractual matters, common law and contract law
They also determine the court made a mistake as difficulty of the law by definition; the plaintiff is independently liable for the judgment against OPL, a limited liability partnership preceding an alter-ego viewpoint. Therefore, the judgment should be reversed, and return to the courts for issuance of a statement of verdict and a new judgment should be made. They did not reached the dispute of whether significant evidence supported the court 's discovery that the plaintiff stands as the alter ego of OPI. The plaintiff may possibly be judged to have contributed in the governing of OPL simply because he implemented his responsibilities as president of OPI or because he may have represented as an indemnity for, or loan funds to, OPL. Furthermore, nothing in the records suggests that the plaintiff, in his capability as a limited partnership, should be held accountable for OPL 's partnership
Spanking is enforceable by law. Law is the command of the sovereign. If you disobey the law the in-charge can be punish as he want to. On Austin 's view, a rule R is legally valid i.e., is a law in a society S if and only if R is commanded by the sovereign in S and is backed up with the threat of a sanction. Whatever the sovereign command is law, and law prescribes to do certain things and not to do others.
Introduction Undue influence is a vital concept under the contract law. It exists in situations where one party to a contract entered into an agreement with the other party due to the result of pressure exerted to him by that other party. The innocent party who has been subjected to the pressure may then seek an action to set aside the said contract. Undue influence can be said to be developed from the doctrine of duress under the English Common Law. Hence, it can be said that undue influence has certain similarities to the doctrine of duress under the English Common Law, such as rendering a contract to become voidable, except a few distinctive features.
Is a unjust law one that doesn’t bind lawmakers to obey ?. Is one justified when disobeying an unjust law ? . I believe that there is a difference between laws like MLK. However, the law is the law, and when disobeyed whether unjust or just, consequences will be determined “by the code of the law”.
The main remedy of breach of contract is the award of damages which will be use when an innocent party faces a contract being breached. The purpose of damages is for the part of the claimant. The damages are the monetary sum set by the court for reimbursement to the claimant. Therefore the innocent party must show that they have suffered actual loss, if this can’t be proved then they will only be entitled to nominal damages. To award the claimant for damages, the court has to think about two things: • Remoteness –the consequence of the breach • Measure of Damages – the damages are evaluated in monetary
The judges who consider the legislative intent will look for a pervious cases showing how to the judges in these cases interpreted and applied in order to solve the ambiguity they may face. However, the judges who decide to apply the literal meaning of statutes have to use the words existing in the statutes regardless of whether these words have clear meaning or
Many commercial contracts include what is known as a Scott v Avery clause, whereby parties agree that in the event of a dispute arising between them, they will resort to arbitration to settle the dispute. Formal schemes include the Advisory, Conciliation and Arbitration Service (ACAS) which deals with disputes in many fields. Advantages The main advantages are that the parties may choose their own arbitrator, be it a technical expert or by a lawyer or by a professional arbitrator. This could save the expense of having to call upon an expert in the particular field and saving the need to explain technicalities to a judge. For example, a maritime dispute over damaged goods can be arbitrated by a person who is knowledgeable about the conventional practices in that industry; or that a software dispute concerning the adequacy of custom developed software
Some even call for its replacement with a no-fault based system which would require a rewriting of of the law of torts, most especially negligence. Fault principle is a fact that is hard to establish and depends on the factors that influence a case at the time. As the workings of the law evolve to one that cites a no-liability system as the best one for trying tort cases especially when strict liability became necessary when as increasingly high risks were handled. Here fault based liability failed to serve its balancing function where due care is not aimed at avoiding risk but handling risk in suitable manner. However much like the writ of trespass developed to accommodate the current situation, and then fault based liability should also be developed in a way that it complements strict liability and no-liability principles.
The requirements for an actionable misrepresentation are that; the misrepresentation must be a statement of existing fact or past events, and not a statement of opinion; it must induce a person to enter into the contract; it must be material in that it relates to a matter which would influence a reasonable person’s decision whether to enter into the contract. (Misrepresentation Act, Cap 390) There are three types of misrepresentation: The first is innocent misrepresentation - when the representor had reasonable grounds for believing that his or her false statement was true. The second is negligent misrepresentation - a representation made carelessly or without reasonable grounds for believing its truth. The third is fraudulent misrepresentation - where a false representation has been made knowingly, or without belief in its truth, or recklessly as to its truth. The affect of a finding of misrepresentation, regardless of whether it is innocent, negligent or fraudulent, is that the contract is voidable, and the innocent party may rescind the contract, which generally means terminating the contract and returning the parties to the position they were before the
The subcontractor using this system is allowed to have a bond claim or to exercise a lien on the property of the contractor until the contractor pays him. Another practical solution is through the inclusion of the owner in the agreement between the contractor and subcontractor. A provision can be inserted into the agreement requiring that the contractor pays all of the subcontractor 's dues before receiving payment from the owner (Brennan, 2008, p.100). It would help to ensure that the contractor pays the subcontractor and hopefully will assist to reduce instances of the application of the conditional payments
As proof that the money has been paid, the drawer expects to find the payee’s endorsement on the paid and canceled check. “Endorsement” can be defined as the legal transfer of one’s rights to the check to another party. A check represents money, so an endorsement transfers ownership of that money from the payee to another person or entity.
If the person shows up for all their future appearances, the bail money is typically refunded. Bonds Another option for paying bail bonds in North Carolina is to get a bond through a bail bondsperson. The bail bond company pays the court the entire amount and the person is released. A secured bond requires you give the bondsperson collateral that is worth a percentage of the bond. This might be cash or property, based on your circumstances and the bondsperson 's policies.
Since, it was a contract of sale between Henry and John, thus, the law, “statue of fraud” applies over this case. 3. The precise question or issue of the case, which is supposed to be answered is that “was Henry Correct in his claim?” because, mainly the case revolves around this question that he claim made by Henry was either correct or not and either the law really needs such modifications to be made in written form. 4.