HOME TheInfoList.com
Providing Lists of Related Topics to Help You Find Great Stuff
[::MainTopicLength::#1500] [::ListTopicLength::#1000] [::ListLength::#15] [::ListAdRepeat::#3]

picture info

Contract
A CONTRACT is a voluntary arrangement between two or more parties that is enforceable by law as a binding legal agreement. Contract
Contract
is a branch of the law of obligations in jurisdictions of the civil law tradition. Contract
Contract
law concerns the rights and duties that arise from agreements. A contract arises when the parties agree that there is an agreement. Formation of a contract generally requires an offer, acceptance , consideration , and a mutual intent to be bound . Each party to a contract must have capacity to enter the agreement. Minors, intoxicated persons, and those under a mental affliction may have insufficient capacity to enter a contract. Some types of contracts may require formalities , such as a memorialization in writing
[...More...]

"Contract" on:
Wikipedia
Google
Yahoo

Legal Remedy
A LEGAL REMEDY, also JUDICIAL RELIEF or a JUDICIAL REMEDY, is the means with which a court of law , usually in the exercise of civil law jurisdiction, enforces a right , imposes a penalty , or makes another court order to impose its will. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages ) and an equitable remedy (e.g. injunctive relief or specific performance ). Another type of remedy available in these systems is declaratory relief , where a court determines the rights of the parties to an action without awarding damages or ordering equitable relief. In English and American jurisprudence , there is a legal maxim (albeit one sometimes honored in the breach) that for every right, there is a remedy; where there is no remedy, there is no right
[...More...]

"Legal Remedy" on:
Wikipedia
Google
Yahoo

Conflict Of Contract Laws
In the conflict of laws , the validity and effect of a contract with one or more foreign law elements will be decided by reference to the so-called "proper law " of the contract. CONTENTS * 1 History * 2 Proper law * 2.1 Express selection * 2.2 Implied selection * 2.3 Closest and most real connection * 2.4 Dépeçage * 3 Problems * 3.1 Incapacity through age * 3.2 Mistake, misrepresentation, etc. * 4 English law
English law
HISTORYUntil the middle of the 19th century, the courts applied the lex loci contractus or the law of the place where the contract was made to decide whether the given contract was valid. The apparent advantage of this approach was that the rule was easy to apply with certain and predictable outcomes
[...More...]

"Conflict Of Contract Laws" on:
Wikipedia
Google
Yahoo

Quasi-contract
A QUASI-CONTRACT (or IMPLIED-IN-LAW CONTRACT or CONSTRUCTIVE CONTRACT) refers to a fictional contract recognised by a court. The notion of quasi-contract can be traced to Roman law
Roman law
and is still a concept used in some modern legal systems. CONTENTS * 1 History * 2 Quasi-contract and contract * 3 See also * 4 References HISTORYIn common law jurisdictions, the law of quasi-contract can be traced to the medieval form of action known as indebitatus assumpsit. In essence, the plaintiff would recover a money sum from the defendant as if the defendant had promised to pay it: that is, as if there were a contract subsisting between the parties. The defendant's promise - her agreement to be bound by the "contract" - was implied by law. The law of quasi-contract was generally used to enforce restitutionary obligations. The form of action known as indebitatus assumpsit came to include various sub-forms known as the common money counts
[...More...]

"Quasi-contract" on:
Wikipedia
Google
Yahoo

picture info

Commercial Law
CORPORATE LAW (also known as BUSINESS LAW or ENTERPRISE LAW or COMPANY LAW or TRADE LAW or COMMERCIAL LAW) is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce , merchandising , trade , and sales. It studies how shareholders , directors , employees , creditors , and other stakeholders such as consumers , the community , and the environment interact with one another. Corporate law is a part of a broader companies law (or law of business associations). It is often considered to be a branch of civil law and deals with issues of both private law and public law . Other types of business associations can include partnerships (in the UK governed by the Partnership Act 1890), or trusts (like a pension fund), or companies limited by guarantee (like some community organizations or charities)
[...More...]

"Commercial Law" on:
Wikipedia
Google
Yahoo

picture info

Statute Of Frauds
THE STATUTE OF FRAUDS (29 Car 2 c 3) (1677) is an Act of the Parliament of England
Parliament of England
. It required that certain types of contracts , wills , and grants, assignment or surrender of leases or interest in real property must be in writing and signed to avoid fraud on the court by perjury and subornation of perjury. It also required that documents of the courts be signed and dated. The attested date for the enactment of the Statute of Frauds
Statute of Frauds
is 16 April 1677 ( New Style ) The Act is believed to have been primarily drafted by Lord Nottingham assisted by Sir Matthew Hale , Sir Francis North and Sir Leoline Jenkins . When the Statute of Frauds
Statute of Frauds
was originally enacted, the sections of, and the clauses of section 4 of, that Act were not numbered. They were numbered when the Act was republished in the Statutes at Large
[...More...]

"Statute Of Frauds" on:
Wikipedia
Google
Yahoo

picture info

Common Law
COMMON LAW (also known as JUDICIAL PRECEDENT or JUDGE-MADE LAW or CASE LAW ) is the body of law developed by judges, courts, and similar tribunals. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to follow the reasoning used in the prior decision (a principle known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression "), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue (one party or the other has to win, and on disagreements of law, judges make that decision)
[...More...]

"Common Law" on:
Wikipedia
Google
Yahoo

Offer And Acceptance
Offer and acceptance analysis is a traditional approach in contract law . The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind . This classical approach to contract formation has been weakened by developments in the law of estoppel , misleading conduct, misrepresentation and unjust enrichment
[...More...]

"Offer And Acceptance" on:
Wikipedia
Google
Yahoo

picture info

Clean Hands
CLEAN HANDS, sometimes called the CLEAN HANDS DOCTRINE or the DIRTY HANDS DOCTRINE, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint —that is, with "unclean hands". The defendant has the burden of proof to show the plaintiff is not acting in good faith. The doctrine is often stated as "those seeking equity must do equity" or "equity must come with clean hands". This is a matter of protocol, characterised by A. P. Herbert in Uncommon Law by his fictional Judge Mildew saying (as Herbert says, "less elegantly"), "A dirty dog will not have justice by the court". The clean hands doctrine is used in U.S
[...More...]

"Clean Hands" on:
Wikipedia
Google
Yahoo

picture info

Undue Influence
In jurisprudence , UNDUE INFLUENCE is an equitable doctrine that involves one person taking advantage of a position of power over another person. This inequity in power between the parties can vitiate one party's consent as they are unable to freely exercise their independent will. CONTENTS* 1 In contract law * 1.1 In Australia * 1.1.1 Presumed undue influence * 1.1.1.1 First subgroup * 1.1.1.2 Second subgroup * 1.1.2 Actual undue influence * 1.1.3 A special principle * 2 In probate law * 3 See also * 4 References IN CONTRACT LAWWhere it is established that a plaintiff was induced to enter into a contract or transaction by the undue influence of the defendant, the contract may be rendered voidable. If undue influence is proved in a contract, the innocent party is entitled to set aside the contract against the defendant, and the remedy is rescission
[...More...]

"Undue Influence" on:
Wikipedia
Google
Yahoo

picture info

Estoppel
ESTOPPEL is a collective name given to a group of legal doctrines in common law legal systems whereby a person is prevented from making assertions that are contradictory to his or her prior position on certain matters before the court—the person is said to be "estopped". Estoppel
Estoppel
may operate by way of preventing someone from asserting a particular fact in court, or exercising a certain right, or from bringing a particular claim. Black\'s Law Dictionary defines estoppel as a "bar or impediment raised by the law, which precludes a man from alleging or from denying a certain fact or state of facts, in consequence of his previous allegation or denial or conduct or admission, or in consequence of a final adjudication of the matter in a court of law"
[...More...]

"Estoppel" on:
Wikipedia
Google
Yahoo

Rescission
In contract law , RESCISSION has been defined as the unmaking of a contract between parties. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the status quo ante). CONTENTS * 1 Taxonomy * 2 In court * 3 By private companies * 3.1 Insurance * 4 By government * 5 Notes * 6 References * 7 External links TAXONOMY Rescission is used throughout the law in a number of different senses. The failure to draw these crucial distinctions is productive of serious confusion. Although Judicature legislation has been enacted throughout the common law world, and jurisdictions vary in their recognition of a distinct body of law known as equity , reference to the jurisdictional origins is still important for the purposes of exposition. * "RESCISSION" IN THE SENSE OF TERMINATION
[...More...]

"Rescission" on:
Wikipedia
Google
Yahoo

Novation
NOVATION, in contract law and business law , is the act of either: * replacing an obligation to perform with another obligation; or * adding an obligation to perform; or * replacing a party to an agreement with a new party.CONTENTS * 1 Novation vs. Assignment * 2 Examples of novation * 3 Application in financial markets * 4 References * 5 Further reading NOVATION VS. ASSIGNMENTIn contrast to an assignment , which is generally valid as long as the other party is given notice (except where the obligation is specific to the obligor, as in a personal service contract with a specific ballet dancer, or where assignment would place a new and special burden on the counterparty), a novation is valid only with the consent of all parties to the original agreement. A contract transferred by the novation process transfers all duties and obligations from the original obligor to the new obligor
[...More...]

"Novation" on:
Wikipedia
Google
Yahoo

Consideration
CONSIDERATION is 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 signs a contract to buy a car from B for $5,000, A's consideration is the $5,000, and B's consideration is the car. Additionally, if A signs a contract with B such that A will paint B's house for $500, A's consideration is the service of painting B's house, and B's consideration is $500 paid to A. Further, if A signs a contract with B such that A will not repaint his own house in any other color than white, and B will pay A $500 per year to keep this deal up, there is also consideration. Although A did not promise to affirmatively do anything, A did promise not to do something that he was allowed to do, and so A did pass consideration
[...More...]

"Consideration" on:
Wikipedia
Google
Yahoo

Integration Clause
In contract law , an INTEGRATION CLAUSE, MERGER CLAUSE, (sometimes, particularly in the United Kingdom