Illegality. Illegality. Meaning of Illegality. Irwin/McGraw-Hill 2001 The McGraw-Hill Companies, Inc. All Rights Reserved.
|
|
- Sophia Warren
- 5 years ago
- Views:
Transcription
1 Illegality Chapter 15 (8) Slide 1 Illegality When an agreement involves an act or a promise that violates some legislative or court-made rule, agreement will not be enforceable on ground of illegality Slide 2 Meaning of Illegality When a court determines an agreement illegal, it does not necessarily mean that the agreement violates a criminal law. Legislatures can declare certain types of agreements unenforceable or void Agreements that violate public policy as developed by courts, or expressed in constitutions, statutes, admin regulations. Slide 3 1
2 Other Illegal Agreements Unconscionable agreements and contracts of adhesion. Slide 4 Agreements in Violation of Statutes Some contracts are declared by statute to be unenforceable, void, or voidable. Example: Indiana statute declaring surrogate birth contracts to be void. Common statutes of this type include the following: Usury statutes Wagering statutes Slide 5 Wagering Statutes Wager Neither party has a financial interest in the occurrence of an uncertain event except for the proceeds of the bet. Betting on Lakers: wagering, illegal Risk-shifting agreements: e.g., Insurance company bearing risk of earthquake, legal, since property is an insurable interest. Slide 6 2
3 Public Policy Defined Generally, widely shared view about what ideas, interests, institutions or freedoms promote public welfare. May be based on a prevailing moral code, on an economic philosophy, or the need to protect a valued social institution such as the family or the judicial system. Slide 7 Agreements That Violate the Public Policy of a Statute Even if no statute expressly forbids a type of contract, violation of public policy can be deemed an illegal contract Common agreements that violate public policy include the following: Agreements to commit a crime. Agreements that promote violations of statutes. Agreements to perform an act for which a party is not properly licensed. Slide 8 Agreements Contrary to Public Policy Articulated by Courts Courts have broad discretion to articulate public policy. Public policy can change with the times; changing social and economic conditions may make behavior that was acceptable at one time now unacceptable. Slide 9 3
4 Agreements That May Be in Violation of Public Policy The following are considered vulnerable to attack on public policy grounds.: Agreements in restraint of competition. Exculpatory clauses. Family relationships and public policy. Slide 10 Exculpatory Clauses Exculpatory clause a contract provision that purports to relieve a party from tort liability. Courts are reluctant to enforce exculpatory clauses. Reduces the incentive to use care to avoid hurting others. May have resulted from superior bargaining power possessed by one of the parties. Slide 11 Limitations on Exculpatory Clauses Cannot protect a party from liability greater than negligence. Cannot exclude tort liability for a party that owes a duty to the public. Cannot avoid tort liability in cases where one of the parties is entitled to some special statutory or common law protection. Slide 12 4
5 Factors Courts Apply in Examining Exculpatory Clauses Product of knowing and voluntary consent? Clear language and conspicuous print, or legalese written in fine print? Contract for necessary activity, or frivolous and unnecessary activity? Overly broad, or specific about activity in question? Slide 13 Family Relationships and Public Policy Contracts that unreasonably interfere with family relationships are illegal. - e.g., agreements to divorce or abstain from marriage. Slide 14 Unfairness in Agreements Traditionally, courts were reluctant to look into the fairness of an agreement. Freedom of contract to make bad bargains, so long as no fraud, duress, misrep., mistake or undue influence. Slide 15 5
6 Changing Times Societal changes over time have led to situations of unequal bargaining power, and the rise of standardized form contracts, vitiating the assumption that each party is capable of protecting himself. Parties with superior bargaining power and business sophistication can virtually dictate contract terms to weaker parties in take it or leave it terms. Slide 16 Modern Trends: Gross Unfairness Courts now will occasionally refuse to enforce contracts that are grossly unfair. Courts today can use the concepts of unconscionability or adhesion to analyze contracts that are alleged to be so unfair that they should not be enforced. Slide 17 Contracts of Adhesion and Unconscionable Contracts Unconscionable contract a contract so oppressively unfair that a court would refuse to enforce it. A traditional common law concept borrowed by modern common law courts to set aside some contracts on the basis of gross unfairness. The Uniform Commercial Code also allows courts to refuse to enforce unconscionable contracts. Slide 18 6
7 Consequences of Unconscionability When faced with an unconscionable clause in a contract, a court may do one of the following: The entire agreement is not to be enforced. The contract is enforced except for the unconscionable clause. The unconscionable clause is adjusted. Slide 19 Meaning of Unconscionability Generally means the absence of meaningful choice together with terms unreasonably advantageous to one of the parties. Courts scrutinize the process by which the contract was reached (procedure) and the contract terms (substance). Usually, for a contract or a contract term to be found unconscionable, elements of both procedural and substantive unconscionability must be present. Slide 20 Procedural Unconscionability Defined: Unfairness in the bargaining process. Facts that point to Procedural Unconscionability Fine print or inconspicuously placed terms. Complex, legalistic language. High-pressure sales tactics. Serious inequality of bargaining power. Not enough by itself need substantive unconscionability also Slide 21 7
8 Substantive Unconscionability Contract contains oppressive, unreasonably one-sided, or unjustifiably harsh terms. Examples: A party to the contract bears a disproportional amount of the risk or other negative aspects of the transaction A party is deprived a remedy for the other party s breach A price that is greatly in excess of usual market price Slide 22 Contracts of Adhesion Contract of adhesion A court may use the word adhesion to describe a type of procedural unconscionability A contract presented to a weaker party by a stronger party leaving the weaker party with no practical choice but to adhere to the terms. A standardized form contract. Offered by a party who is in a superior bargaining position. Offered on a take it or leave it basis. With the exception of those that meet the requirements of substantive unconscionability, or a surprise, unexpected term, most contracts of adhesion are enforceable Slide 23 Contracts of Adhesion Unenforceable contracts of adhesion take different forms: Contains a harsh or oppressive term. (substantive unconscionability) Contains an unexpected, surprise term. See: Ramirez v. Circuit City Unconscionable arbitration agreement in employment contract. Slide 24 8
9 Effect of Illegality As a general rule, there is no remedy for breach of illegal agreements. Slide 25 Exceptions Excusable ignorance of facts or legislation. Rights of parties not equally in the wrong. Rescission before performance of illegal act. Divisible contracts. Slide 26 Illegality End of Chapter 15 Slide 27 9
Contract Law Illegality
Contract Law Illegality Illegality An agreement can be illegal because Legislature has declared that particular type of contract unenforceable or void It violates public policy Determining Illegality Courts
More informationMISTAKE. (1) the other party to the contract knew or should have known of the mistake; or
MISTAKE Mistake of Fact: The parties entered into a contract with different understandings of one or more material facts relating to the contract s performance. Mutual Mistake: A mistake by both contracting
More informationCONTRACTUAL CAPACITY
CONTRACTUAL CAPACITY Contractual Capacity: The minimum mental capacity the law requires to bind a party who enters into a contract. The law presumes that the following classes of persons lacked contractual
More informationREVIEW QUESTIONS TRUE/FALSE QUESTIONS (CIRCLE THE CORRECT ANSWER)
REVIEW QUESTIONS TRUE/FALSE QUESTIONS (CIRCLE THE CORRECT ANSWER) 1. T F When a court or legislature protects a class, this protection extends to all members of that class in every contractual transaction.
More informationContract Law for Paralegals: Chapter 8 Chapter 8
Contract Law for Paralegals: Chapter 8 Chapter 8 Tab Text CHAPTER 8 Contract Enforceability: Protecting a Party Against Overreaching Chapter 8 deals with the second group of contract enforcement problems-ad
More informationCONTRACT LAW. Elements of a Contract
CONTRACT LAW Contracts: Types and Sources in Australia CONTRACT: An agreement concerning promises made between two or more parties with the intention of creating certain legal rights and obligations upon
More informationAN INTRODUCTION TO THE LAW OF CONTRACT
AN INTRODUCTION TO THE LAW OF CONTRACT P. S. ATIYAH Formerly Professor of English Law in the University of Oxford FIFTH EDITION CLARENDON PRESS OXFORD 1995 Contents Table of Cases i. The Development of
More informationPage 1 of 6. Page 1. (Cite as: 287 F.Supp.2d 1229)
Page 1 of 6 Page 1 Motions, Pleadings and Filings United States District Court, S.D. California. Nelson MARSHALL, Plaintiff, v. John Hine PONTIAC, and Does 1-30 inclusive, Defendants. No. 03CVI007IEG(POR).
More informationBRAGG v. LINDEN RESEARCH, INC. United States District Court for the Eastern District of Pennsylvania 487 F. Supp. 2d 593 (E.D. Pa.
BRAGG v. LINDEN RESEARCH, INC. United States District Court for the Eastern District of Pennsylvania 487 F. Supp. 2d 593 (E.D. Pa. 2007) EDUARDO C. ROBRENO, District Judge. This case is about virtual property
More informationCHAPTER 11. Legality. Wednesday, May 23, :03:55 PM ET
CHAPTER 11 Legality LEGALITY v The agreement must have legal purpose. AGREEMENTS THAT VIOLATE STATUTES Civil and Criminal Statutes v Agreements that require one party to commit a tort or a crime are illegal.
More informationLet's Make A Deal: What You Need to Know About Drafting and Enforcing Arbitration Agreements. April 15, 2015
Let's Make A Deal: What You Need to Know About Drafting and Enforcing Arbitration Agreements April 15, 2015 What Types of Disputes Are Arbitrable? Nearly any type of claim arising out of any contractual
More informationCase: 4:15-cv JAR Doc. #: 21 Filed: 08/05/16 Page: 1 of 13 PageID #: 302
Case: 4:15-cv-01361-JAR Doc. #: 21 Filed: 08/05/16 Page: 1 of 13 PageID #: 302 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION TIMOTHY H. JONES, Plaintiff, v. No. 4:15-cv-01361-JAR
More informationChapter 9: Contract Formation. Copyright 2009 South-Western Legal Studies in Business, a part of South-Western Cengage Learning.
Chapter 9: Contract Formation a Copyright part of South-Western 2009 South-Western Cengage Legal Learning. Studies Business, Introduction is a declaration that something will or will not happen in the
More informationConsumer Class Action Waivers Post-Concepcion
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Consumer Class Action Waivers Post-Concepcion Law360,
More informationReality of Consent. Reality of Consent. Reality of Consent. Chapter 13
Reality of Consent Chapter 13 Reality of Consent It is crucial to the economy and commerce that the law be counted on to enforce contracts. However, in some cases there are compelling reasons to permit
More informationQuestion 1: I read that a mentally impaired adult s contracts may be void or voidable. Which is it?
Question 1: I read that a mentally impaired adult s contracts may be void or voidable. Which is it? Answer 1: It depends. If a court of proper jurisdiction has found an adult to be non compos mentis, or
More informationIs there a contract?
1. te whether this transaction is governed by UCC or the Restatement. 2. Does the Statute of Frauds apply? The contract must be in writing if it is in regard to land, if by its nature it takes more than
More informationClass Action Exposure Post-Concepcion
Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Class Action Exposure Post-Concepcion Law360, New
More informationMARYLAND HEALTH CLUB RELEASE DOES NOT VIOLATE PUBLIC POLICY
MARYLAND HEALTH CLUB RELEASE DOES NOT VIOLATE PUBLIC POLICY SEIGNEUR v. NATIONAL FITNESS INSTITUTE, INC. No. 6136 (Md.Sp.App. 2000) COURT OF SPECIAL APPEALS OF MARYLAND May 31, 2000 [Note: Attached opinion
More informationMayers v. Volt Management (Cal. Ct. App.): FEHA/Arbitration.
March 14, 2012 Mayers v. Volt Management (Cal. Ct. App.): FEHA/Arbitration. Stephen Mayers filed a lawsuit against his former employer, Volt Management Corp., and its parent corporation, Volt Information
More informationTITLE 7 CONTRACTS TABLE OF CONTENTS
TITLE 7 CONTRACTS TABLE OF CONTENTS CHAPTER 7.01 General Provisions 7.0101 Definition 1 7.0102 Essential elements of a contract 1 7.0103 Law of place applied to contracts 1 7.0104 Time of performance 1
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Case 2:16-cv-05505-PA-AS Document 48 Filed 11/28/16 Page 1 of 8 Page ID #:2213 Present: The Honorable PERCY ANDERSON, UNITED STATES DISTRICT JUDGE Stephen Montes Kerr None N/A Deputy Clerk Court Reporter
More informationfailing to get the contract signed (something that never ceases to amaze lawyers!);
Professionals involved in design-build projects should be aware of the risks they face when they contract with the owner to be solely responsible for both construction and design. In this respect, the
More information1 of 5 8/27/2014 2:11 PM Units: Teacher: LawandJustice, CORE Course: LawandJustice Year: 2012-13 Constitutional Law and Justice process of ethical decision-making and how does this process relate to law?
More informationContract Law Final Exam Version C
Contract Law Final Exam Version C True/False Indicate whether the statement is true or false. 1. Compliance and excuse are valid defenses to a breach of contract action. 2. To have a constructive or implied
More informationTABLE OF CONTENTS. Preface... iii Preface to the First Edition... v Table of Cases... TC-1 Table of Statutes... TS-1
TABLE OF CONTENTS PAGE Preface... iii Preface to the First Edition... v Table of Cases... TC-1 Table of Statutes... TS-1 PART I. INTRODUCTION... 1-17 CHAPTER 1. INTRODUCTION... 1 PART II. ENFORCEABILITY...
More informationSharon H. Proctor of Proctor Appellate Law, PA, Lake Saint Louis, MO, for Appellant.
STEVEN MICHAEL PALMER, Former Husband, v. Appellant, IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF
More informationCONTRACTS. A contract is a legally enforceable agreement between two or more parties whereby they make the future more predictable.
CONTRACTS LESE Spring 2002 O'Hara 1 A contract is a legally enforceable agreement between two or more parties whereby they make the future more predictable. Contracts are in addition to the preexisting,
More informationBusiness Law PRECISION EXAMS
PRECISION EXAMS Business Law EXAM INFORMATION Items 64 Points 71 Prerequisites NONE Grade Level 10-12 Course Length ONE SEMESTER Career Cluster BUSINESS MANAGEMENT AND ADMINISTRATION DESCRIPTION Students
More informationOVERVIEW OF CONTRACT LAW
OVERVIEW OF CONTRACT LAW Liability is generally the key issue in regards to contractual disputes. Purpose of K law is to provide the rules which determine when one party is liable to another under or in
More informationCOURSE OUTLINE. Business Administration 120 (C-ID Number: BUS 125) Business Law I (C-ID Title: Business Law)
Degree Applicable Glendale Community College May 2014 COURSE OUTLINE Business Administration 120 (C-ID Number: BUS 125) Business Law I (C-ID Title: Business Law) I. Catalog Statement Business Administration
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Randazzo Enterprises, Inc. v. Applied Underwriters Captive Risk Asssurance Company, Inc. Doc. United States District Court 0 RANDAZZO ENTERPRISES, INC., a California corporation, v. Plaintiff, APPLIED
More informationARCHITECTS REGISTRATION COUNCIL SEMINARS
ARCHITECTS REGISTRATION COUNCIL SEMINARS CONTRACT FORMATION FRED PHIRI ARCH.Bw May 27, 2017 1 Contents Legal Systems Legal Systems Examples Legal System Applications Civil Law Relationships Law of Obligations
More informationMOCK CLASS SECTION 1 EMILY KADENS
MOCK CLASS SECTION 1 EMILY KADENS WILLIAMS V. WALKER-THOMAS FURNITURE, CO. United States Court of Appeals, District of Columbia Circuit, 1965 350 F.2d 445 J. SKELLY WRIGHT, Circuit Judge: Appellee, Walker-Thomas
More informationSpring 2018 Business Law Fundamentals O'Hara 2018 D
Page 1 of 7 as your signature PRINT your name EXAM #2 Business Law Fundamentals LAWS 3930 sections -001, -002-003 Chapters 1-4, 24, 6, 7, 9-19 INSTRUCTIONS: 1. Affix your printed name as your signature
More informationShanghai Jiao Tong University. LA200 Business Law
Shanghai Jiao Tong University LA200 Business Law Instructor: Email: Home Institution: Office: Office Hours: Term: 28 May-28 June, 2018 Credits: 4 units Classroom: Teaching Assistant(s): Class Hours: Discussion
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 561 U. S. (2010) 1 SUPREME COURT OF THE UNITED STATES No. 09 497 RENT-A-CENTER, WEST, INC., PETITIONER v. ANTONIO JACKSON ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH
More informationBUSINESS. Stop, Look, and Listen! DLSU NOTES AND BRIEFINGS. The legality of Standard Form Contracts. Volume 1 Number 2 October 2013.
DLSU ISSN (Print): 2345-8216 ISSN (Online): 2350-6814 BUSINESS NOTES AND BRIEFINGS Volume 1 Number 2 October 2013 Stop, Look, and Listen! The legality of Standard Form Contracts Introduction The proliferation
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS CONSECO FINANCE SERVICING CORPORATION, f/k/a GREEN TREE FINANCIAL SERVICING CORPORATION, UNPUBLISHED November 18, 2003 Plaintiff/Counterdefendant- Appellee, v No. 241234
More informationGeorge Mason University School of Recreation, Health & Tourism Court Reports SLOWE v. PIKE CREEK COURT CLUB, INC. (Del. Sup. Ct.
HEALTH CLUB WAIVER UNENFORCEABLE FOR POOL SAFETY NEGLIGENCE SLOWE v. PIKE CREEK COURT CLUB, INC. SUPERIOR COURT OF DELAWARE, NEW CASTLE December 4, 2008 [Note: Attached opinion of the court has been edited
More informationFull of Sound and Fury, Signifying Nothing: Second Circuit Chides Employer's Unfair Arbitration Terms, Tet Still Enforces Agreement
Arbitration Law Review Volume 3 Yearbook on Arbitration and Mediation Article 19 7-1-2011 Full of Sound and Fury, Signifying Nothing: Second Circuit Chides Employer's Unfair Arbitration Terms, Tet Still
More informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE B253891
Filed 6/17/14 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE KEEYA MALONE, Plaintiff and Petitioner, v. B253891 (Los Angeles County
More informationANSON S LAW OF CONTRACT. 29th Edition SIR JACK BEATSON
ANSON S LAW OF CONTRACT 29th Edition SIR JACK BEATSON DCL, LLD, FBA A Justice of the High Court, Queen's Bench Division sometime Rouse Ball Professor of English Law, University of Cambridge ANDREW BURROWS
More informationDistrict > Intermediate > Business Education > Business Law ( ) (District) > Juett, David
Granite School District Business Law (52.0441) (District) District > Intermediate > Business Education > Business Law (52.0441) (District) > Juett, David Unit Essential Questions Content Skills Vocabulary
More informationTable of Contents. The Authors 3. List of Abbreviations 13. Preface 15. General Introduction 17. Introduction to the Law of Contracts 27
The Authors 3 List of Abbreviations 13 Preface 15 General Introduction 17 1. THE GENERAL BACKGROUND OF THE COUNTRY 17 I. Geography 17 II. Cultural Composition 17 III. Political History 18 IV. Political
More informationCONTRACT LAW SUMMARY
CONTRACT LAW SUMMARY LAWSKOOL UK CONTENTS INTRODUCTION TO CONTRACT LAW 6 DEFINITION OF CONTRACT LAW 6 1) The Classical Model of Contract Law 6 INTENTION TO CREATE LEGAL RELATIONS 8 INTRODUCTION TO INTENTION
More informationWhat is a Contract? What is a contract? Who can make a contract? What makes a contract?
What is a Contract? A contract, or agreement, between parties creates a mutual set of obligations to do or not to do certain things, which the parties are bound, at law, to carry out. To be valid a contract
More informationJUNE 2007 LAW REVIEW COMMERCIAL WAIVER SIGNED BY PARENT
COMMERCIAL WAIVER SIGNED BY PARENT James C. Kozlowski, J.D., Ph.D. 2007 James C. Kozlowski Should a waiver form signed by a parent on behalf of a child releasing any liability for negligence in a recreational
More informationArbitration is a process outside of the courthouse by which parties to a dispute
1 WHITE PAPER The Arbitration Game Is Changing in Florida Arbitration is a process outside of the courthouse by which parties to a dispute submit their issue to an impartial person or group chosen mutually
More informationBENJAMIN D. WINIG, Plaintiff, v. CINGULAR WIRELESS LLC, Defendant. No. C MMC
Page 1 BENJAMIN D. WINIG, Plaintiff, v. CINGULAR WIRELESS LLC, Defendant. No. C-06-4297 MMC UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2006 U.S. Dist. LEXIS 73137 September 27,
More informationPage 1 of 7. Fall 2015 Business Law Fundamentals O'Hara 2015 E
Page 1 of 7 print name as your signature EXAM #2 Business Law Fundamentals LAWS 3930 sections -001-003 Chapters 1-4, 24, 6, 7, 9-18 INSTRUCTIONS: 1. Affix your printed name as your signature in the space
More informationTURKS AND CAICOS ISLANDS TRUSTS BILL 2015 ARRANGEMENT OF CLAUSES
TURKS AND CAICOS ISLANDS TRUSTS BILL 2015 ARRANGEMENT OF CLAUSES PART I PRELIMINARY CLAUSE 1. Short title and commencement 2. Interpretation 3. Meaning of insolvent 4. Meaning of personal relationship
More informationCHAPTER 6 2 ELEMENTS - AGREEMENT MUST BE POSSIBLE 2LEGAL POSSIBILITY PHYSICAL POSSBILITY OF EXECUTION
CHAPTER 6 2LEGAL POSSIBILITY 2 ELEMENTS - AGREEMENT MUST BE POSSIBLE PHYSICAL POSSBILITY OF EXECUTION CONTRACTS CONTRARY TO COMMON-LAW LEGAL POSSIBIILTY CONSEQUENCES OF ILLEGALITY CONTRACTS CONTRARY TO
More informationBusiness Law Fundamentals Exam #1 Page 1 of 7
Business Law Fundamentals Exam #1 Page 1 of 7 PRINT name as your signature 1. This Exam #1 must be completed within the allocated time (i.e., 75 minutes). Audible time warnings of 2 minutes, 1 minute,
More information510 Introduction to Commercial Law
Prescription: 510 Introduction to Commercial Law Elective prescription Level 5 Credit 20 Version 2 Aim Prerequisites Students will demonstrate knowledge and skills in law relevant to business. nil Assessment
More informationCase 1:13-cv AWI-JLT Document 10 Filed 03/10/14 Page 1 of 12
Case :-cv-00-awi-jlt Document Filed 0// Page of SAM S. YEBRI (SBN ALEXANDER M. MERINO (SBN MERINO YEBRI, LLP Century Park East, Suite 0 Los Angeles, California 00 Tel: ( -000 Fax: ( - Attorneys for Plaintiffs
More informationExam #2 LAWS 3930 Page 1 of 6
Exam #2 LAWS 3930 Page 1 of 6 print name on the line above as your signature INSTRUCTIONS: 1. This Exam #2 must be completed within the allocated time (i.e., 20 minutes). The start time the end time will
More informationCONTRACT LAW IN THE SOUTH PACIFIC
CONTRACT LAW IN THE SOUTH PACIFIC Jennifer Corrin Care Senior Lecturer TC Beirne School of Law University of Queensland Cavendish Publishing Limited London Sydney CONTENTS Preface Table of Cases Table
More informationCONTRACTS Mid-Term Examination Santa Barbara College of Law Fall 2000 Instructor: Craig Smith. Time Allotted - Two Hours
CONTRACTS Mid-Term Examination Santa Barbara College of Law Fall 2000 Instructor: Craig Smith Time Allotted - Two Hours An answer should demonstrate your ability to analyze the facts presented by the question,
More informationMILES E. LOCKER LOCKER FOLBERG LLP 71 Stevenson Street, Suite 422 San Francisco, California (415)
MILES E. LOCKER LOCKER FOLBERG LLP 71 Stevenson Street, Suite 422 San Francisco, California 94105 (415) 962-1626 mlocker@lockerfolberg.com Hon. Tani Cantil-Sakauye, Chief Justice and the Honorable Associate
More informationCalifornia Must Be Specified in Venue and Choice of Law Employment Contract Provisions
The University of the Pacific Law Review Volume 48 Issue 4 Article 12 1-1-2017 California Must Be Specified in Venue and Choice of Law Employment Contract Provisions Chris Micheli Follow this and additional
More informationRestatement Third, Property (Servitudes) American Law Institute Selected sections
Restatement Third, Property (Servitudes) American Law Institute 2000 March 25, 2007 (See legal Disclaimer) Selected sections Note: The Restatement, formerly the Restatement of Laws, is not statutory law
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 561 U. S. (2010) 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 KELSI WEIDNER Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA v. MCCANN EDUCATION CENTERS, INC. AND DELTA CAREER EDUCATION CORPORATION Appellants
More informationKane v. U Haul Intl Inc
2007 Decisions Opinions of the United States Court of Appeals for the Third Circuit 2-7-2007 Kane v. U Haul Intl Inc Precedential or Non-Precedential: Non-Precedential Docket No. 05-5002 Follow this and
More informationCONTRACT LAW. Promisor - Person making the proposal Promisee - Person accepting the proposal Promise - Proposal when accepted becomes a promise
CONTRACT LAW Promisor - Person making the proposal Promisee - Person accepting the proposal Promise - Proposal when accepted becomes a promise Note: Acceptance of proposal or acceptance of promise can
More informationList of Figures. Acknowledgments About the Author
Contents List of Figures Preface Acknowledgments About the Author xxi xxiii xxvii xxix PART A LAWS AND COURTS CHAPTER 1. OUR LEGAL SYSTEM 3 1.1 Common Law versus Civil Law 4 1.1.1 Common Law 4 1.1.2 Civil
More informationOF FLORIDA. An Appeal from the Circuit Court for Miami-Dade County, Henry H. Harnage, Judge.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005 PAOLA BRICEÑO, ** Appellant, ** vs. SPRINT
More informationprotection The Consumer Protection Act contains a general prohibition against unfair and unlawful terms and conditions in agreements with consumers.
the consumer protection act CONTRACT TERMS UNDER THE CONSUMER PROTECTION ACT Applicable sections of the Consumer Protection Act, 68 of 2008: S 48, 49, 50, 51, 52 Applicable sections of the Consumer Protection
More informationUNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JENNIFER L. LASTER; ANDREW THOMPSON; ELIZABETH VOORHIES, on behalf of themselves and all others similarly situated and on behalf of
More informationTexas Fiduciary Litigation Update. David F. Johnson
Texas Fiduciary Litigation Update David F. Johnson DISCLAIMERS These materials should not be considered as, or as a substitute for, legal advice, and they are not intended to nor do they create an attorney-client
More informationon your blue computer graded bubble sheet in the appropriate location.
as your signature PRINT your name EXAM #1 Business Law Fundamentals LAWS 3930 sections -001, -002 and -003 Chapters 1-4, 24, 6, 7, and 9 INSTRUCTIONS: 1. Affix your printed name as your signature in the
More informationSUPREME COURT OF ALABAMA
Rel:03/17/2017 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate
More informationState Statute Enforcement/Law
State Statute Enforcement/Law Alabama 12-21-109 "if the parties, knowingly, evenhandedly, and for valid consideration, intelligently enter into an agreement whereby one party agrees to indemnify the other,
More informationDRAFTING ENFORCEABLE CONSUMER AND EMPLOYMENT ARBITRATION AGREEMENTS IN January 17, 2017
DRAFTING ENFORCEABLE CONSUMER AND EMPLOYMENT ARBITRATION AGREEMENTS IN 2017 January 17, 2017 Michael L. Turrill and Robin J. Samuel Hogan Lovells LLP Madeline Schilder V.P. / Asst General Counsel AEG Live
More informationGenuineness of Assent
Genuineness of Assent A party who demonstrates that she did not genuinely assent to the terms of a contract may avoid an otherwise valid contract. Genuine assent may be lacking due to mistake, fraudulent
More informationGOVERNING LAW AND JURISDICTION CLAUSES Q&A: US (NEW YORK)
by Ronald R. Rossi, Kasowitz Benson Torres LLP This document is published by Practical Law and can be found at: uk.practicallaw.com/w-006-6180 To learn more about legal solutions from Thomson Reuters,
More informationUNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS 2004 (I)
UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS 2004 (I) PREAMBLE (Purpose of the Principles) These Principles set forth general rules for international commercial contracts. They shall be applied
More informationBRITISH COLUMBIA LAW INSTITUTE
BRITISH COLUMBIA LAW INSTITUTE 1822 East Mall, University of British Columbia Vancouver, British Columbia V6T 1Z1 Voice: (604) 822 0142 Fax: (604) 822 0144 E mail: bcli@bcli.org Website: www.bcli.org UNFAIR
More informationLegalCrystal Indian Law Search Engine ( Source : https://www.legalcrystal.com/act/14326/
LegalCrystal Indian Law Search Engine ( www.legalcrystal.com) Source : https://www.legalcrystal.com/act/14326/ Indian Contract Act, 1872 Chapter 2 Of Contracts, Voidable Contracts and Void Agreements All
More informationContractual Clauses That Impact Disputes. By David F. Johnson
Contractual Clauses That Impact Disputes By David F. Johnson Introduction In the process of drafting contracts, parties can shape the process for resolving their future disputes. They can potentially select
More informationDefeating Liability Waivers in Personal Injury Cases: Substantive and Procedural Strategies
Presenting a live 90-minute webinar with interactive Q&A Defeating Liability Waivers in Personal Injury Cases: Substantive and Procedural Strategies THURSDAY, AUGUST 27, 2015 1pm Eastern 12pm Central 11am
More informationMLL111- Exam Notes Contract Law (All Topics + Cases)
1 MLL111- Exam Notes Contract Law (All Topics + Cases) 2 Contents Page Page 8: Formation of Contracts Offer and Acceptance Page 9: Acceptance Communication of Acceptance: Waiver Silence Page 10: Acceptance
More informationRC Steenkamp 24 April 2018
RC Steenkamp 24 April 2018 REFRESHER What are the essential elements of a legally binding contract? Contents of the contract? Express vs implied terms Type of implied terms? Conditions, warranties and
More informationG.G. et al v. Valve Corporation Doc. 30 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
G.G. et al v. Valve Corporation Doc. 0 THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 0 G.G., A.L., and B.S., individually and on behalf of all
More informationChinese Contract Law: A Brief Introduction. ZHANG Xuezhong. Assistant Professor of Law.
Chinese Contract Law: A Brief Introduction ZHANG Xuezhong Assistant Professor of Law zhangxuezhong@ecupl.edu.cn East China University of Politics and Law Overview 1. In General 2. Principles of Chinese
More informationClass Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2015
Class Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2015 Time schedule of the class 09.04.2015 Basics of unification of law: notion, purposes, history 16.04.2015 Methods of unification
More informationCase 3:04-cv MLC-TJB Document 71 Filed 07/23/2007 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Case 3:04-cv-02593-MLC-TJB Document 71 Filed 07/23/2007 Page 1 of 11 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY : ASCH WEBHOSTING, INC., : : CIVIL ACTION NO. 04-2593 (MLC)
More informationSTATE OF OHIO, COLUMBIANA COUNTY IN THE COURT OF APPEALS
[Cite as Reynolds v. Crockett Homes, Inc., 2009-Ohio-1020.] STATE OF OHIO, COLUMBIANA COUNTY IN THE COURT OF APPEALS SEVENTH DISTRICT DANIEL REYNOLDS, et al., ) ) CASE NO. 08 CO 8 PLAINTIFFS-APPELLEES,
More informationThe Consumer Contract Act
The Consumer Contract Act Index Chapter 1 General Provisions (Article 1 - Article 3) Chapter 2 Avoidance of the Declaration of Intent to Offer or Accept a Consumer Contract (Article 4 - Article 7) Chapter
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 563 U. S. (2011) 1 SUPREME COURT OF THE UNITED STATES No. 09 893 AT&T MOBILITY LLC, PETITIONER v. VINCENT CONCEPCION ET UX. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE
More information1. How This Agreement Applies
ARBITRATION AGREEMENT This Arbitration Agreement is a legal contract and covers important issues relating to your rights. It is your sole responsibility to read it and understand it. You are free to seek
More informationNC General Statutes - Chapter 32C Article 1 1
Chapter 32C. North Carolina Uniform Power of Attorney Act. Article 1. Definitions and General Provisions. 32C-1-101. Short title. This Chapter may be cited as the North Carolina Uniform Power of Attorney
More informationwaiver, which waived employees right[s] to participate in... any
ARBITRATION AND COLLECTIVE ACTIONS NATIONAL LABOR RELATIONS ACT SEVENTH CIRCUIT INVALIDATES COLLEC- TIVE ACTION WAIVER IN EMPLOYMENT ARBITRATION AGREE- MENT. Lewis v. Epic Systems Corp., 823 F.3d 1147
More informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO A145553
Filed 3/28/18 Arreguin v. E. & J. Gallo Winery CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not
More informationBLAW BUSINESS LAW, SECTION B3
UNIVERSITY OF ALBERTA School of Business Department of Marketing, Business Economics and Law BLAW 301 - BUSINESS LAW, SECTION B3 Professor: Ivan Ivankovich Course Outline Class: TR 9:30-10:50 Term 2, Winter
More informationNDIS: CLIENT SERVICE AGREEMENTS
The Federal Government s NDIS interstate trials are proving to raise significant issues and challenges for service providers, including the critical need for the client service agreements to specify clearly
More informationLAURENCE H. HARPER et al., Plaintiffs and Respondent, v. FRANK ULTIMO et al., Defendants and Appellants. G031671
Page 1 LAURENCE H. HARPER et al., Plaintiffs and Respondent, v. FRANK ULTIMO et al., Defendants and Appellants. G031671 COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE 113 Cal.
More informationDeferred prosecutions are not new. In a deferred prosecution
Back Against the Wall Corporate Deferred Prosecution Through the Lens of Contract Policing By CANDACE ZIERDT and ELLEN S. PODGOR Deferred prosecutions are not new. In a deferred prosecution agreement,
More informationa) The body of law as made by judges through the determination of cases. d) The system of law that emerged following the Norman Conquest in 1066.
1. Who of the following was NOT a proponent of natural law? a) Aristotle b) Jeremy Bentham c) St Augustine d) St Thomas Aquinas 2. The term 'common law' has three different meanings. Which of the following
More information