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Vitiating Factors In The Law Of Contract
In English law, a vitiating factor in the common law of contract is a factor that can affect the validity of a contract. The concept has been adopted in other common law jurisdictions, including the USA. A vitiating factor is one which spoils the contract, rendering it imperfect. The standard remedy is rescission, but damages may also be available. (By contrast, the standard remedy for breach of contract is damages, with repudiation available for serious breach only).''The Mihalis Angelos'' See also *Good faith *US contract law *Duress in American law *German contract law *French contract law * Principles of European Contract Law Arts 4:107, 4:116 and 4:117 *Misleading or deceptive conduct *Tort of deceit The tort of deceit is a type of legal injury that occurs when a person intentionally and knowingly deceives another person into an action that damages them. Specifically, deceit requires that the tortfeasor * makes a factual representation, * kn ... Notes {{English contra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...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] |
Misleading Or Deceptive Conduct
Misleading or deceptive conduct (often referred to as just misleading conduct) is a doctrine of law of Australia, Australian law. Section 18 of the ''Australian Consumer Law'',''Competition and Consumer Act'' 2010 (CthSchedule 2, The Australian Consumer Law which is found in schedule 2 of the Competition and Consumer Act 2010, prohibits conduct by corporations in trade or commerce which is misleading or deceptive or is likely to mislead or deceive. The states and territories of Australia each have Fair Trading Legislation either containing similar provisions in relation to misleading or deceptive conduct by individuals, or simply applies the federal law to the state or territory. Section 12DA of the ''Australian Securities and Investment Commission Act'' 2001 prohibits misleading or deceptive conduct in financial services. The doctrine aims primarily to provide consumer protection by preventing businesses from misleading their customers. However, it extends to all situations in t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principles Of European Contract Law
The ''Principles of European Contract Law'' (PECL) is a set of model rules drawn up by leading contract law academics in Europe. It attempts to elucidate basic rules of contract law and more generally the law of obligations which most legal systems of the member states of the European Union hold in common. The ''Principles of European Contract Law'' are based on the concept of a uniform European contract law system and were created by the self-styled Commission on European Contract Law set up by Ole Lando ("Lando Commission"). The PECL take into account the requirements of the European domestic trade. History In the broader sense the PECL proposals are a "set of general rules which are designed to provide maximum flexibility and thus accommodate future development in legal thinking in the field of contract law." The impetus for the work on the PECL were resolutions of the European Parliament of 1989 and 1994 which expressed the desire to establish a common European civil law. As ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Contract Law
French contract law is part of the law of obligations found in the '' Code Civil'' dealing with contracts. Notes See also *English contract law *US contract law *German contract law German contract law is found in the Bürgerliches Gesetzbuch, in both the "Allgemeine Teil" and the chapter on "Schuldrecht". It forms part of the general law of obligations. See also *Abstraktionsprinzip *Drittwirkung Contract A contract is ... French private law Contract law Law of obligations {{Europe-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
German Contract Law
German contract law is found in the Bürgerliches Gesetzbuch, in both the "Allgemeine Teil" and the chapter on "Schuldrecht". It forms part of the general law of obligations. See also *Abstraktionsprinzip *Drittwirkung 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 tran ... Contract law {{Germany-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duress In American Law
In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat, or other pressure against the person. '' Black's Law Dictionary'' (6th ed.) defines duress as "any unlawful threat or coercion used... to induce another to act r not actin a manner heyotherwise would not r would. Duress is pressure exerted upon a person to coerce that person to perform an act they ordinarily would not perform. The notion of duress must be distinguished both from undue influence in the civil law. In criminal law, duress and necessity are different defenses. Duress has two aspects. One is that it negates the person's consent to an act, such as sexual activity or the entering into a contract; or, secondly, as a possible legal defense or justification to an otherwise unlawful act. Defendants utilizing the duress defense admit to breaking the law but claim that they are not liable because, even though the act broke the law, it was only perfo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US Contract Law
Contract law regulates the obligations established by agreement, whether express or implied, between private parties in the United States. The law of contracts varies from state to state; there is nationwide federal contract law in certain areas, such as contracts entered into pursuant to Federal Reclamation Law. The law governing transactions involving the sale of goods has become highly standardized nationwide through widespread adoption of the Uniform Commercial Code. There remains significant diversity in the interpretation of other kinds of contracts, depending upon the extent to which a given state has codified its common law of contracts or adopted portions of the Restatement (Second) of Contracts. Formation A contract is an agreement between two or more parties creating reciprocal obligations enforceable at law. The elements of a contract are mutual consent, offer and acceptance, consideration, and legal purpose. Agreement Mutual consent, also known as ratification and m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maredelanto Compania Naviera SA V Bergbau-Handel GmbH
''Maredelanto Compania Naviera SA v Bergbau-Handel GmbH'' or ''The Mihalis Angelos'' 970EWCA Civ 4is an English contract law case, concerning breach of contract. Facts ''The Mihalis Angelos'' was fixed to sail to Haiphong and there load a cargo for delivery in Europe. In the charterparty dated 25 May 1965 the shipowners ("the owners") stated that the ship was "expected ready to load under this charter about July 1, 1965". The charterparty also provided, in the first sentence of the cancelling clause, "Should the vessel not be ready to load (whether in berth or not) on or before July 20, 1965, charterers have the option of cancelling this contract, such option to be declared, if demanded, at least 48 hours before vessel's expected arrival at port of loading". On 17 July 1965 the ship was at Hong Kong, still discharging cargo from her previous voyage. It was physically impossible for her to finish discharging and reach Haiphong by 20 July. The charterers gave notice cancelling ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hong Kong Fir Shipping Co Ltd V Kawasaki Kisen Kaisha Ltd
''Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd'' 9622 QB 26 is a landmark English contract law case. It introduced the concept of innominate terms, a category between "warranties" and "conditions". Under the English sale of goods principles, a condition is a term whose breach entitles the injured party to repudiate the contract, but a breach of warranty shall give rise only to damages. In this case, Diplock LJ proposed that some terms could lead ''either'' to the right to terminate a contract as a remedy, ''or'' to the mere entitlement to damages (without a right to terminate). What mattered was not whether a particular contract term was called a "warranty" or a "condition", but how serious was the breach of the term. In short, the test for whether or not one may repudiate has now become, "does the breach deny the claimant the main benefit of the contract?" However, modern commercial custom has since established that some breaches, such as failure to meet a "n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anticipatory Repudiation
Anticipation is an emotion involving pleasure or anxiety in considering or awaiting an expected event. Anticipatory emotions include fear, anxiety, hope and trust. When the anticipated event fails to occur, it results in disappointment (if positive event) or relief (if negative event). As a defence mechanism Robin Skynner considered anticipation as one of "the mature ways of dealing with real stress.... You reduce the stress of some difficult challenge by anticipating what it will be like and preparing for how you are going to deal with it". There is evidence that "the use of mature defenses ( sublimation, anticipation) tended to increase with age", yet anticipation of negative events itself tends to decrease with age. Desire "Anticipation is the central ingredient in sexual desire." As "sex has a major cognitive component — the most important element for desire is positive anticipation". One name for pleasurable anticipation is excitement. More broadly, anticipation is a ce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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