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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

Why does K stand for contract?

The reason is because law professors like to abbreviate with Greek letters, such as "pi" for plaintiff and "delta" for defendant. There is no letter C in the Greek alphabet. There is Chi and Kappa. I guess they use K for kappa because it is a hard C sound.

Owner wants to break property management lease?

Every contract, if properly constructed, details the steps required and the penalties to be paid, if any, in the event of a contract cancellation. There may also be a period of notification required.

Are aedilitian remedies available to the buyer sufficient?

The question refers back to an ancient Roman law first used, and common in the "marketplace," it applies to the remedy buyers had against sellers for defects found in slaves and livestock after the sale.

How do you sound honest in court?

State what you know, to the best of your personal knowledge and information.

When and who introduced remedies for breach of contract?

The answer to this question may vary depending on your jurisdiction.

In general, at common law, breach of contract remedies come in two flavor: legal, and equitable.

Equitable remedies evolved through the Courts of Equity (shock!) in England; legal through the Courts of Law.

To grossly oversimplify, the court of law is based upon the written laws and statutes; the courts of equity, on what is "fair."

The remedies were introduced over literally hundreds of years by a number of legislative bodies and courts.

By comparison, most states in the United States provided breach of contract remedies in their statutes. You can actually look up each statute and see who introduced it, and when.

Can a parolee enter into a contract?

In general, yes, unless there is some other reason they cannot.

How do you collect on a purchase agreement that is delinquent?

You must have a valid contract in order for it to be legally enforceable. If the other party breached the contract then you need to file a lawsuit in a civil court of equity in order to recover damages.

Is it possible for the dealer to back out of a contract once you signed it and drove off the lot with dealer plate?

The dealer should be legally bound by the contract which the two of you entered into , a mutual agreement , unless there is an "escape clause" that the dealer can exercise as an option in the contract ; you would best consult an attorney regarding this matter .

Can you cancel a vehicle sale contract and get your deposit back if the dealer did not get you to sign it?

Without a signature, there is no contract. If you want your money back the dealer is obligated to give it to you.

What action can be taken when your attorney files a motion to have your lawsuit dismissed without your knowledge?

That sounds like grounds for malpractice. An attorney that you hire should always act in your best interest and consult with you before taking any such severe action.

If you are being sued for subrogation on a co-signed vehicle and need to file a cross-complaint against the primary borrower should you sue for damages breach or breach of contract?

The cosigner did not have a contract with the primary borrower, only with the lender; that being the case the cosigner would sue for his or her financial losses not for a breach of contract.

After the divorce is final can one partner go back to court for alimony?

It should have been addressed in the original action, but there is nothing barring the ex-spouse from going back and filing a motion for alimony.

Which incentive type contract is most appropriate when there is a solid base for pricing and objective targets can be established for performance?

A Fixed-Price Incentive Fee (FPIF) contract is most appropriate when there is a solid base for pricing and objective performance targets can be established. This contract type allows for a predetermined price with an incentive for the contractor to reduce costs while still meeting the performance objectives. It aligns the interests of both parties, encouraging efficiency and innovation while providing a clear framework for compensation based on performance outcomes.

What is the intention to create legal binding in a Contract?

The intention to create legal binding in a contract refers to the parties' mutual agreement to enter into a legally enforceable obligation. This is established through clear terms, consideration, and mutual consent, indicating that the parties expect their promises to be upheld by law. Without this intention, agreements may be viewed as informal or non-binding, lacking legal recourse in case of breach. Essentially, it ensures that the parties recognize the seriousness of their commitments.

If a promoter enters into a contract with third part on behalf of proposed corporation who is bound?

If a promoter enters into a contract on behalf of a proposed corporation before it is officially formed, the promoter is personally bound to the contract. The proposed corporation is not bound until it is formally incorporated and adopts the contract. Once the corporation is established, it may choose to ratify the contract, thereby assuming the obligations, but until then, the promoter retains liability.

When an envelope contains both a written contract and another paper such other paper?

When an envelope contains both a written contract and another piece of paper, the other paper may serve various purposes, such as providing additional instructions, outlining terms, or offering supplementary information relevant to the contract. The interpretation and significance of the additional paper depend on its content and context. It's essential to consider both documents together to fully understand the agreement and any obligations or rights it entails. If there are discrepancies between the two papers, the contract typically takes precedence unless otherwise stated.

What does within 30 days of termination mean in a contract?

"Within 30 days of termination" in a contract means that any actions, obligations, or notifications required by either party must be completed within 30 days after the contract has officially ended. This timeframe typically includes final payments, return of property, or fulfillment of any remaining duties. It sets a clear deadline for both parties to settle their affairs following the termination of the agreement.

Would Obligations are legally binding commitments such as contract awards made by federal agencies?

Yes, obligations are legally binding commitments made by federal agencies to spend government funds for specific purposes, such as contract awards. These commitments ensure that the agency follows through on its financial responsibilities and provides the necessary resources for the contracted services or goods. Failure to fulfill these obligations can lead to legal consequences and impact future funding and contracting processes.

In Gibson v Manchester city council 1979 lord denning expressed a view that in determining whether a contract was formed the court should look at all the negotiation between the parties rather than si?

In Gibson v Manchester City Council (1979), Lord Denning emphasized that courts should consider the entirety of negotiations between parties to ascertain if a contract was formed, rather than strictly adhering to formalities. He argued that the intention to create legal relations and the context of discussions are crucial in determining contract validity. This approach underscores a more flexible interpretation of contract formation, focusing on the substance of interactions rather than mere technicalities.

What are three ways in which a contract may be discharged?

When the terms have been met or if circumstances beyond the control of the parties make it impossible for the contract to be enforced.

When the terms have been met or if circumstances beyond the control of the parties make it impossible for the contract to be enforced.

When the terms have been met or if circumstances beyond the control of the parties make it impossible for the contract to be enforced.

When the terms have been met or if circumstances beyond the control of the parties make it impossible for the contract to be enforced.

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