All Questions
Tagged with contract-law common-law
42
questions
5
votes
1
answer
993
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 ...
- 27.2k
3
votes
1
answer
87
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 ...
- 27.2k
6
votes
1
answer
217
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.
...
- 3,266
0
votes
2
answers
371
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
343
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
622
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 ...
- 61k
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
439
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
281
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.
...
- 21.8k
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