All Questions
Tagged with contract-law common-law
42
questions
1
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2
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68
views
Is there consideration if one item is given from someone who doesn't want it to someone who does?
Suppose I have an old refrigerator that no longer works. I don't want it, and would pay someone to take it; its value to me is negative. But my neighbor has an appliance repair company. My ...
- 17.1k
0
votes
2
answers
886
views
What's the significance of boxed text in a document?
What is the lawful implication of text enclosed within a (stroked) text box in a document? I have heard this means this text is left out of the contract, or possibly adds an exception to it. I ...
- 3
8
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3
answers
1k
views
Strictly speaking, are damages an essential element of breach of contract?
Several resources, including one from an attorney in California and another from an attorney in Arizona state that harm or damages to the non-breaching party is an essential element of a breach of ...
- 3,738
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2
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76
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Contracting a builder 2nd time to fix their own negligence
Bob contracts Rob, a builder, to do some building work which requires the use of some heavy rare-to-find machinery which Rob owns.
Rob mostly does a good job, but in one place he rushes it (end of ...
- 27.8k
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0
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49
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Is the law of Accord and Satisfaction a very undeveloped field?
I have tried to find cases of Accord and Satisfaction in the Jamaican Jurisdiction but there are hardly any. And the UK courts also only have a few of them. Do you know where I can get it?
Moreover, ...
- 47
2
votes
2
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204
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What exactly do Non-Disparagement agreements cover? Can they prohibit saying anything negative about anyone who ever worked for the company?
Take such a term in a work contract:
During and after the term of this agreement, you will not make any
defamatory or disparaging statements, whether written or oral,
regarding the Company, or any of ...
- 175
0
votes
1
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45
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Conflicting Terms after Post-Merger of Companies
Company A has a contract to produce widgets for the State for $5 per widget. The State also has a contract with Company B to produce the same widgets for $4.50 per widget. Company A acquires Company B....
5
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1
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167
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Are US courts less likely to enforce the repayment of a loan if it is (ceteris paribus) without interest?
Apparently, in common law, a loan given without an interest being specified/demanded is at procedural disadvantage, in that a court may not recognize it as a contract, the plaintiff having to rely on ...
0
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2
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137
views
What are "cooperation in perfecting rights" and are they enforcable?
Bellow is an example "Perfection Rights" provision from a employment contract. To me it seems to be saying 1) you agree to do paper work we may need you to do, even after you are no longer ...
- 129
1
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1
answer
53
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What standing does the delegatee have?
I'm working on understanding some topics from contract law -- specifically about delegation (a type of contract assignment). Let's say the client bought a kit to build something and then realized he ...
- 854
2
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2
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115
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What is the correct way of discharging contract when parties can't agree on shipping?
When selling stuff on TradeMe, one way of specifying shipping options is "To be arranged". That is, seller can skip researching shipping options/costs and only worry about it once the item is ...
- 27.8k
1
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3
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426
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What is the equivalent for "Consideration" (English common law) in Spanish speaking countries?
Consideration is a concept of English common law and is a necessity for simple contracts.
Consideration may be thought of as the concept of value offered and accepted by people or organisations ...
0
votes
1
answer
75
views
How binding are NDA's? [closed]
I live in South Africa, I have some research work that holds very good financial potential. This research to be conducted will be done in a group headed by me, how can I protect my idea from being ...
2
votes
2
answers
4k
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Legal principles in refusing to pay advertised reward for return of lost item if it was returned without knowledge of the ad
Say person X lost his valuable item and advertised a reward for the return of it. Person Y, who knew X personally, found the item before reading the ad, and returned it to X, who just thanked Y for ...
- 27.8k
1
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1
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955
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Was there a consideration in Merritt v Merritt case agreement?
The Merritt v Merritt case is often used in teaching Contract Law for demonstrating one of the six elements of contract — intention to create legal relations (the parties had been separated and the ...
- 27.8k