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Angel V. Murray
''Angel v. Murray'', 113 R.I. 482, 322 A.2d 630 (1974), was a case decided by the Rhode Island Supreme Court that first accepted the rule articulated in the Uniform Commercial Code §2-209(1) and the Restatement Second of Contracts §89(a) that the modification of a contract does not require its own consideration if the modification was made in good faith and was voluntarily accepted by both parties. Facts James Maher had contracted with the city of Newport to collect all of the waste in the city for $137,000 per year for five years beginning in 1964. In 1967 Maher requested an additional $10,000 per year for refuse collection because of an unexpected increase in the number of dwellings in the city. Maher's request was approved, and a similar request the next year was also approved. The trial judge invalidated the extra payments because the modification of the contract was made without consideration. Judgment The Rhode Island Supreme Court upheld the contract, finding persuas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rhode Island Supreme Court
The Rhode Island Supreme Court is the court of last resort in the U.S. State of Rhode Island. The Court consists of a Chief Justice and four Associate Justices, all selected by the Governor of Rhode Island from candidates vetted by the Judicial Nominating Commission. Each justice enjoys lifetime tenure and no mandatory retirement age, similar to Federal judges. Justices may be removed only if impeached for improper conduct by a vote of the Rhode Island House of Representatives and convicted by trial in the Rhode Island Senate. History In 1747, the Rhode Island General Assembly authorized the creation of a Superior Court of Judicature, Court of Assize, and General Gaol Delivery, consisting of one chief justice and four associates, all serving one year terms. The 1747 enactment replaced an earlier appeals court of the same name, which had been composed of the governor or deputy governor and at least six of the elected "assistants," which dated to 1729 under the same name and the comp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Seal Of Rhode Island
The Seal of the Rhode Island, State of Rhode Island features a blue field with a golden maritime anchor as its central image below the phrase "Hope, HOPE". The anchor has been used as a symbol for Rhode Island since the colony's founding in 1636, well before the region claimed statehood. History Rhode Island was founded in 1636 by Roger Williams (theologian), Roger Williams, a Christianity, Christian minister, Anne Hutchinson, and others seeking religious freedom from persecution in Massachusetts and Europe. The seal's words and emblems were likely inspired by the biblical phrase "hope we have as an anchor of the soul," found in Hebrews (Bible), Hebrews, Verse 6:18-19. After Roger Williams received an official charter in England in 1644, the word "Hope" was placed over the seal's anchor and still remains. The outer circle of the seal reads ''Seal of the State of Rhode Island 1636''. Besides the seal, Roger Williams also used Biblical virtues when he named Providence, Rhode Isl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uniform Commercial Code
The Uniform Commercial Code (UCC), first published in 1952, is one of a number of Uniform Acts that have been established as law with the goal of harmonizing the laws of sales and other commercial transactions across the United States through UCC adoption by all 50 states, the District of Columbia, and the Territories of the United States. While largely successful at achieving this ambitious goal, some U.S. jurisdictions (e.g., Louisiana and Puerto Rico) have not adopted all of the articles contained in the UCC, while other U.S. jurisdictions (e.g., American Samoa) have not adopted any articles in the UCC. Also, adoption of the UCC often varies from one U.S. jurisdiction to another. Sometimes this variation is due to alternative language found in the official UCC itself. At other times, adoption of revisions to the official UCC contributes to further variation. Additionally, some jurisdictions deviate from the official UCC by tailoring the language to meet their unique needs and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restatement Of Contracts, Second
The Restatement (Second) of the Law of Contracts is a legal treatise from the second series of the Restatements of the Law, and seeks to inform judges and lawyers about general principles of contract common law. It is one of the best-recognized and frequently cited legal treatisesAcceptable citation format under the Bluebook: "Restatement (Second) of Contracts § ___ (1981)." The Bluebook: A Uniform System of Citation § 12.8.5 (Columbia Law Review Ass'n et al. eds., 17th ed. 2000) in all of American jurisprudence. Every first-year law student in the United States is exposed to it, and it is a frequently cited non-binding authority in all of U.S. common law in the areas of contracts and commercial transactions. It is a work without peer in terms of overall influence and recognition among the bar and bench, with the possible exception of the Restatement of Torts. The American Law Institute The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consideration
Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in ''Currie v Misa'' declared consideration to be a “Right, Interest, Profit, Benefit, or Forbearance, Detriment, Loss, Responsibility”. Thus, consideration is a promise of something of value given by a promissor in exchange for something of value given by a promisee; and typically the thing of value is goods, money, or an act. Forbearance to act, such as an adult promising to refrain from smoking, is enforceable if one is thereby surrendering a legal right. Consideration may be thought of as the concept of value offered and accepted by people or organisations entering into contracts. Anything of value promised by one party to the other when making a contract can be treated as "consideration": for example, if A contracts to buy a car from B for $5,000, A's c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Faith
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with ''bona fides'', which is still widely used and interchangeable with its generally-accepted modern-day English translation of ''good faith''. It is an important concept within law and business. The opposed concepts are bad faith, ''mala fides'' (duplicity) and perfidy (pretense). In contemporary English, the usage of ''bona fides'' is synonymous with credentials and identity. The phrase is sometimes used in job advertisements, and should not be confused with the ''bona fide'' occupational qualifications or the employer's good faith effort, as described below. ''Bona fides'' ''Bona fides'' is a Latin phrase meaning "good faith". Its ablative case is ''bona fide'', meaning "in good faith", which is often used as an adjective to mean " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Newport, Rhode Island
Newport is an American seaside city on Aquidneck Island in Newport County, Rhode Island. It is located in Narragansett Bay, approximately southeast of Providence, Rhode Island, Providence, south of Fall River, Massachusetts, south of Boston, and northeast of New York City. It is known as a New England summer resort and is famous for its historic Newport Mansions, mansions and its rich sailing history. It was the location of the first U.S. Open tournaments in both US Open (tennis), tennis and US Open (golf), golf, as well as every challenge to the America's Cup between 1930 and 1983. It is also the home of Salve Regina University and Naval Station Newport, which houses the United States Naval War College, the Naval Undersea Warfare Center, and an important Navy training center. It was a major 18th-century port city and boasts many buildings from the Colonial history of the United States, Colonial era. The city is the county seat of Newport County, Rhode Island, Newport County ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pre-existing Duty Rule
The pre-existing duty rule is an aspect of consideration within the law of contract. Originating in England the concept of consideration has been adopted by other jurisdictions, including the US. In essence, this rule declares that performance of a pre-existing duty does not amount to good consideration to support a valid contract; but there are exceptions to the rule. The Rule English law recognises bargains supported by consideration, not bare promises. However, only simple contracts need consideration to be enforceable; special contracts do not require consideration. ''Currie v Misa'' (1875) declares that consideration may comprise any of these positive and negative matters: * Right, Interest, Profit, Benefit * Forbearance, Detriment, Loss, or Responsibility" The basic rule The leading case is ''Stilk v Myrick'' (1809), where a captain promised 8 crew the wages of two deserters provided the remainders completed the voyage. The shipowner refused to honour the agreem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duress
Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. For example, a bully may demand lunch money from a student where refusal results in the student getting beaten. In common law systems, the act of violating a law while under coercion is codified as a duress crime. Coercion can be used as leverage to force the victim to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors dist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Contract Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
