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Contract Law

Law covering the establishment, administration of contracts (legally enforceable agreements), the rights and obligations of those entering into contracts, the validity of contracts and disputes over contracts.

2,211 Questions

What is the contracts of sale of goods?

contract of sale of goods 'a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price'

A contract of saleis a legal contract an exchange of goods, services or property to be exchanged from seller (or vendor) to buyer (or purchaser) for an agreed upon value in money (or money equivalent) paid or the promise to pay same. It is a specific type of legal contract.NAEEM SHAKIR PIA

When is a contract of sale considered perfecta?

A contract is considered perfecta if the object of sale has been clearly identified; the price has been determined; and there are no suspensive conditions

Should judges have the authority to overrule statutory law?

They can overrule statutory law if they find it not in keeping with the Constitution or case law.

What are valid and invalid contracts?

"Invalid contract" might describe the terms of an agreement that purports to be a contract--but by one or more legal theories does not constitute one, and is therefore unenforceable as one. This refers to a defect in contract formation--whose elements are those of mutual assent (effectively-communicated offer and acceptance) and consideration (a bargained-benefit or detriment). An "invalid contract" may or may not be enforceable as a set of one or more enforceable promises, depending on whether alternative theories apply, such as that of promissory estoppel.

Void contract, as compared with voidable contract,refers to a contract that has become void by reason of one or more contract-law avoidance theories. A voidable contract is one voidable at the option of one of the parties. Two examples: a contract entered into for an illegal purpose is void. A contract entered into by a minor is voidable at the minor's option unless subsequently ratified.

What are the types of contract in building construction?

Lump Sum ContractIn a lump sum contract, the owner has essentially assigned all the risk to the contractor, who in turn can be expected to ask for a higher markup in order to take care of unforeseen contingencies. Beside the fixed lump sum price, other commitments are often made by the contractor in the form of submittals such as a specific schedule, the management reporting system or a quality control program. If the actual cost of the project is underestimated, the underestimated cost will reduce the contractor's profit by that amount. An overestimate has an opposite effect, but may reduce the chance of being a low bidder for the project. Unit Price ContractIn a unit price contract, the risk of inaccurate estimation of uncertain quantities for some key tasks has been removed from the contractor. However, some contractors may submit an "unbalanced bid" when it discovers large discrepancies between its estimates and the owner's estimates of these quantities. Depending on the confidence of the contractor on its own estimates and its propensity on risk, a contractor can slightly raise the unit prices on the underestimated tasks while lowering the unit prices on other tasks. If the contractor is correct in its assessment, it can increase its profit substantially since the payment is made on the actual quantities of tasks; and if the reverse is true, it can lose on this basis. Furthermore, the owner may disqualify a contractor if the bid appears to be heavily unbalanced. To the extent that an underestimate or overestimate is caused by changes in the quantities of work, neither error will effect the contractor's profit beyond the markup in the unit prices. Cost Plus Fixed Percentage ContractFor certain types of construction involving new technology or extremely pressing needs, the owner is sometimes forced to assume all risks of cost overruns. The contractor will receive the actual direct job cost plus a fixed percentage, and have little incentive to reduce job cost. Furthermore, if there are pressing needs to complete the project, overtime payments to workers are common and will further increase the job cost. Unless there are compelling reasons, such as the urgency in the construction of military installations, the owner should not use this type of contract. Cost Plus Fixed Fee ContractUnder this type of contract, the contractor will receive the actual direct job cost plus a fixed fee, and will have some incentive to complete the job quickly since its fee is fixed regardless of the duration of the project. However, the owner still assumes the risks of direct job cost overrun while the contractor may risk the erosion of its profits if the project is dragged on beyond the expected time. Cost Plus Variable Percentage ContractFor this type of contract, the contractor agrees to a penalty if the actual cost exceeds the estimated job cost, or a reward if the actual cost is below the estimated job cost. In return for taking the risk on its own estimate, the contractor is allowed a variable percentage of the direct job-cost for its fee. Furthermore, the project duration is usually specified and the contractor must abide by the deadline for completion. This type of contract allocates considerable risk for cost overruns to the owner, but also provides incentives to contractors to reduce costs as much as possible. Target Estimate ContractThis is another form of contract which specifies a penalty or reward to a contractor, depending on whether the actual cost is greater than or less than the contractor's estimated direct job cost. Usually, the percentages of savings or overrun to be shared by the owner and the contractor are predetermined and the project duration is specified in the contract. Bonuses or penalties may be stipulated for different project completion dates. Guaranteed Maximum Cost ContractWhen the project scope is well defined, an owner may choose to ask the contractor to take all the risks, both in terms of actual project cost and project time. Any work change orders from the owner must be extremely minor if at all, since performance specifications are provided to the owner at the outset of construction. The owner and the contractor agree to a project cost guaranteed by the contractor as maximum. There may be or may not be additional provisions to share any savings if any in the contract. This type of contract is particularly suitable for turnkeyoperation.

May a minor disaffirm part of a contract and affirm other parts?

Likely yes. Under general contract law principles, it is a valid contract and fully enforceable by the minor if the minor does not choose to void it. Which is why many businesses will not enter into contracts with a minor.

Is a contract void if both parties don't sign only one party signed?

Not necessarily. The party that did sign it can be held to the contract, but only if the other party is relying on that and performed their part of the agreement. And depending upon the course of dealing and what has occurred between the two parties, there may be other reasons to hold that the contract is valid, even if neither of the parties signed it.

What are the differences between a simple contract and a formal contract?

simple contract cane be formed as verbally or as writing whereas formal contracts can only be formed as writing.

What is the object of contract of indemnity?

Contract of indemnity - A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a 'contract of indem­nity'. - - Illustration - A contracts to indemnify B against the consequences of any proceedings which C may take against B in respect of a certain sum of 200 rupees. This is a contract of indemnity. [section 124].

Example of unenforceable contract?

Contracts are unenforceable for several reasons. Here are a few examples.



In many countries, a person under the age of eighteen years is not considered competent to make a contract. It is normally impossible to enforce a contract made against a minor.


In the UK, any activity that is not within the law cannot be enforced by a court. Unlicensed gambling, for example, is not against the law but it is not within the law. Therefore, a gambling debt cannot be enforced.


In almost all countries, a contract that deals with an illegal activity cannot be enforced. An agreement for one person to steal property in return for a payment from another cannot be enforced although the existence of such a contract may well be used to help prove criminal offences.


Note that an unenforceable contract does not mean a contract that is not in writing. Although a verbal contract may be hard to prove, if a court accepts that the contract has been made, it can make a judgment on the contract.

Is social contract theory a branch of contract law?

No, social contract theory is not a branch of contract law. Instead, it is a philosophical concept that explores the origins and legitimacy of political authority and the relationship between individuals and the state. Social contract theorists, like Hobbes, Locke, and Rousseau, discuss how individuals consent, either explicitly or implicitly, to form societies and governments for mutual benefit, which differs fundamentally from the legal principles governing contracts in law.

What describes all the data that must be provided as deliverables under the contract.?

The deliverables under the contract must include all specified data types, formats, and quality standards required for project completion. This encompasses raw data, processed information, documentation, and any analytical reports. Additionally, the timeline for delivery and any relevant milestones should be clearly outlined. Compliance with applicable regulations and confidentiality agreements must also be adhered to.

How does the language of the preamble reflect the idea of a social contract?

The American social contract grows out of the Preamble to the Constitution, which demands that "we the people" work in partnership with government to "establish justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the blessings of liberty to ourselves and our posterity."

What is the statute of limitations for rental agreements?

It varies depending on the jurisdiction. Rent and leases are written agreements, and usually have the longest limits of any type of agreement. Depending on where you are at, it could be anywhere from 2 to 15 years.

If a state law contradicts a union law which law will prevail?

if a state has a law that contradicts a union law then the union law is superior and should be followed in all cases. a famous case that showed this was called the factortame case where Britain tried to use its own fishing boat laws which contravened union law. the union found this action to be contrary to its laws and it was repealed.

Another View: (in the US) The above answer would be INCORRECT. Neither a labor union (nor anyone else for that matter) may have rules and regulations which contravene established US and state laws.

Can a subcontractor sue a contractor for nonpayment?

Yes under contract law a subcontractor can sue for breach of contract.

However subcontractors should become familiar with the state's construction or mechanics lien laws which grants them the right to lien the property to secure payment. Many states have preliminary or warning notices that must be served on the property owner(s), lender(s) and primary contractor within a specified period in order to secure lien rights. Do NOT lien a property without valid lien rights since you risk a multitude of retaliatory lawsuits.

How many days by law do you have to cancel a contract?

It could depend on the type of contract and in which state. In California, if you sign a home improvement contract, (room addition, kitchen remodel, etc.) you have 3 BUSINESS DAYS to cancel IF you signed the contract in your home. If you signed it in the contractors office you cannot cancel by law. It also depends on who you are dealing with. If all you lose is your deposit, consider it a lesson learned. Otherwise, see an attorney.

What is the passing of the risk in a contract of sale and discuss the rules outlining it?

Passing of risk refers to the obligation to protect the goods under contract until the event defined. For example, "free on board" (FOB) contracts transfer ownership and risk to the buyer from the moment the goods are loaded for shipment.

In many cases, absent a specific contract term to the contrary, the risk of loss passes from the seller to the buyer when the carrier offers the goods at the buyer's destination.

The party holding the risk is the one who should be responsible for insurance to cover the loss or damage to the goods. The other party may be asked to PAY for the insurance, but the loss would only be compensated to the person holding the risk.

What are some reasons to breach a contract?

Some reasons to break a mortgage contract are:

If the interest rate is above the legal rate for mortgages.

If the mortgage is given without an underlying debt (a promissory note), the mortgage contract is invalid. A mortgage is simply a pledge of the house as security for an underlying obligation. Without the note, there is no reason to pledge the house as security.

If the mortgage loan was obtained through a predatory lending practice made illegal by the Federal or state government.

These are some reason to breach a mortgage contract without being liable for damages. If you break a mortgagew contract, the lender can foreclose, take the property and get a judgment against you for any loss it suffers, plus attorneys fees and court costs.

In addition, even if the mortgage and mortgage note are breachable, you would be required to repay the money if you bought the house with it. The mortgage lender would lose the benefit of the bargain (the interest), but you would not be get out of repaying the loan as that would be unjust enrichment.

How much time would you serve if you were convicted of contempt of court in Cuyahoga county Ohio?

A court can only punish a criminal contempt up to 179 days, and $500 without a jury trial. Anything more than that requires a trial with a jury. See, Otis v. Meade, 483 S.W.2d 161 (Ky. 1972).

However, on civil contempt, a Court can hold someone indefinitely in jail until they agree to obey the Court's Order. As the Supreme Court said in Commonwealth v. Burge, "While one may be sentenced to jail for civil contempt, it is said that the contemptuous one carries the keys to the jail in his pocket, because he is entitled to immediate release upon his obedience to the court's order" See, 947 S.W.2d 805, 808 (1996).

As legal owner of a vehicle can you repo a car if there is no contract between you and the registered owner?

IF the initial person has a key and is not scared the other person will be mad. LOL Try to do it while she is at the mall or somewhere shopping. That way you will have lots of distance between you and her. Good Luck

What makes a piece of work eligible for copyright?

It depends upon a number of factors, primarily the country in which something is created or published, when it was created or published, and whether the author is a citizen or resident of any country that subscribes to the Bern Convention or any other treaty on copyrights.

In the USA, for example, the rules change for US publications depending upon whether they were created or published before or after 1923, 1963, 1972, 1978, 1989 and 1996, among others. As a general rule, however, things created after 1989 are automatically protected for 95 years from the moment they are "fixed in a tangible form", things published prior to 1923 are not copyrighted and the answer for everything in the middle or for unpublished prior to 1989, is more complicated (copyright notice, renewal, date of author's death, etc).

Which test would you apply to ascertain whether an agreement is contract?

A valid contract is legally enforceable and defined by law. A test that you would apply to ascertain whether an agreement is a contract would be looking at the benefits and duties between the parties of the agreement.