All Questions
Tagged with contract-law common-law
42
questions
5
votes
1
answer
996
views
When does transfer of ownership occur in amateur sale-purchase contracts?
Bob says to Rob: "I offer you $1,000 for this thing".
Rob replies: "I accept your offer".
From this very moment, is Bob the legal owner of the thing? Or does he need to wait for ...
- 27.8k
3
votes
1
answer
89
views
Discount code as a contract breach remedy?
Bob is a customer of Acme ltd., an online service provider (e.g. domain names, hosting etc.).
It's time for Bob to renew some of Acme's services he is using, so he logs in to his account and sees this ...
- 27.8k
6
votes
1
answer
221
views
What are the most prominent differences among the common law systems of the different states in the U.S.A.?
I (tentatively?) understand that the law of contracts, the law of torts, the law of property, and (probably?) some other areas of law in the U.S.A. are mostly the common law of the separate states.
...
- 3,276
0
votes
2
answers
382
views
Why are contracts void at common law if they are “contrary to public policy”?
What does it mean for a contract or contractual term to be “contrary to public policy”? By what principle are such contracts void at common law?
0
votes
2
answers
65
views
What range of applications does the concept of “master of an offer” have?
Is it an ad hoc creation for or rationalisation of the situation with private lot parking tickets, or does it have any broader applications /currency as a proper abstraction?
-2
votes
2
answers
349
views
What makes a price tagged item on a shelf an invitation to treat, rather than an offer of sale?
Contrast the counter intuitive treatment in law of a store displaying stock on its shelves, with the much more common sensical treatment of a poster for an auction.
In an auction the stock may be ...
3
votes
1
answer
623
views
Does contract formation require subjective "meeting of the minds"?
For a contract to be formed, it is said there must be a "meeting of the minds." Does this mean that the fact-finder attempts to ascertain the actual subjective intentions and understanding ...
- 61.4k
0
votes
1
answer
37
views
Legality of promising to refrain from tipping another off?
X discovers that he has a valuable cause of action against Z, and decides to use it as leverage against Z, but it isn't quite enough leverage to counter Z in the way X would like. However, he realises ...
2
votes
3
answers
254
views
Is "not committing a crime" sufficient consideration?
Alice sees John attempting to steal her car. For some reason, instead of calling the police, she says "I'll give you $1,000 tomorrow if you don't steal my car." John agrees.
Scenario 1
Alice ...
- 17.1k
0
votes
2
answers
1k
views
Is it necessary for a signature to be reasonably legible on a legal document?
In general some legal documents must be signed. So what determines whether a signature on such a document requiring to be signed is valid or not?
More specifically, is a signagure that is completely ...
0
votes
3
answers
457
views
If a business partner did not put money into the founding of the company are they still entitled to their shares?
Consider the scenario in Western Australia:
Me and 2 others want to go into business together based on what we
believe will make us profit (etc.).
The decision is to form a company, however, due to ...
- 101
3
votes
2
answers
695
views
Can a person be fired, banned and evicted (etc.) without a court order?
It seems like a lot of "punishments" can be applied to a person without having to go to court. For example a person can be banned from private or public property for any or no reason. I've ...
- 85
3
votes
3
answers
285
views
What is the point of requiring consideration in a contract?
If a contract where Bob gives Alice a peppercorn and she gives him an airplane will be enforced by a court if one of them tries to back out, what's the point of not enforcing a contract where Alice ...
- 17.1k
2
votes
1
answer
74
views
Does absence of legal advice affect litigation of a written agreement?
It is common for parties to a contract to adapt templates (in a generally misguided effort to avoid legal costs). In such cases, the Written Agreement may not reflect the parties' Actual Agreement.
...
- 21.9k
4
votes
1
answer
160
views
What is the history of minors being unable to bind themselves to contracts?
What was the first jurisdiction that had special rules for contracts to which a person under a certain age is a party? How did the modern concept that people under 18 can back out of contracts except ...
- 17.1k
1
vote
2
answers
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
votes
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
0
votes
2
answers
76
views
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
1
vote
0
answers
49
views
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
answers
204
views
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
answer
45
views
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
votes
1
answer
167
views
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
votes
2
answers
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
vote
1
answer
53
views
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
votes
2
answers
115
views
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
vote
3
answers
426
views
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
views
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
vote
1
answer
955
views
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
1
vote
1
answer
180
views
Are the limitations on freedom of contract in common law countries unbreakable?
We normally have to adhere to regulations when:
Buying labour (employment: minimum wage, parental leave etc.)
Renting out property (tenancy: notice periods, property standards etc.)
Selling goods (...
- 27.8k
6
votes
4
answers
672
views
Can contracts include irrevocable terms of imprisonment for breach?
As noted here: At least in Israel, by agreeing to marry under religious law a person is irrevocably subject to that law's rulings, to the extent that a religious court can sentence one to a term in ...
- 21.9k
3
votes
1
answer
168
views
Does intent affect whether or not repudiation or fundamental breach has occurred?
Consider the case of nonpayment under a very simple contract, where the only promise made is that Person A will perform and deliver some specific work, and Business B will pay them a stated amount for ...
- 257
-1
votes
2
answers
47
views
Is the modification / removal of service by a private organization during the term of service illegal?
Suppose an organization have advertised to provide multiple services throughout the course of a year. Each service is sequential, one begins as the previous ends.
The organization has advertised that ...
- 99
0
votes
1
answer
224
views
Can court enforce an implied contract?
We developed a demo for a client, who after the last meeting went silent and elusive claiming to be busy at our every request. After a year he launched the new website which was a copy and paste of ...
- 1
31
votes
4
answers
139k
views
How to prove I live in a specific address?
https://www.flhsmv.gov/ddl/address.html
I need to provide proof of address for the DMV, but the process can be difficult because:
I live with someone else; I do not pay rent/utilities; and they will ...
- 327
17
votes
1
answer
13k
views
What is a contract and what is required for them to be valid?
What is a contract?
What elements are required for validity?
- 215k
1
vote
2
answers
1k
views
Legal Term for Signing A Document That is Believed To Be Untrue
Is there a term in Law for when someone signs a document as true when said individual is under the belief that the contents of the document are untrue?
For example, if I was asked to sign a document ...
- 111
5
votes
1
answer
164
views
Is there a legal analogy of a publisher for physical things
Background
Long and complex story short, we're essentially building a legal & software framework for self-organizing 'ad-hoc' organizations. It seems like some set of our issues could be solved ...
- 325
4
votes
2
answers
584
views
Pay electricity bill after being evicted on no contract?
I moved into a house and started paying rent of $110 per week however I was unaware that none of the other tenants (and hence myself) were on a contract so we were essentially squatters. The ...
user566
8
votes
2
answers
520
views
Can a company handle paying taxes and other bureaucracy work for a freelancer
Pardon my terminology. I'm very much not a lawyer, but I used to watch Ally McBeal as a kid, so I think I got the hang of this.
This is actually a subset of a vastly larger problem, so the ...
- 325
6
votes
2
answers
505
views
Legal definitions in the United States
When trying to learn about and understand law, one of the most important aspects of it is the legal definition of a word. Is there a source in which the courts refer to when looking to define a word? ...
- 5,519