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Sale of Goods Act 1979, Section 32
Changes to legislation: There are currently no known outstanding effects for the Sale of Goods Act 1979, Section 32. (See end of Document for details) Sale of Goods Act 1979 1979 CHAPTER 54 PART IV PERFORMANCE OF THE CONTRACT 32 Delivery to carrier. (1) Where, in pursuance of a contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier (whether named by the buyer or not) for the purpose of transmission to the buyer is prima facie deemed to be a delivery of the goods to the buyer. (2) Unless otherwise authorised by the buyer, the seller must make such contract with the carrier on behalf of the buyer as may be reasonable having regard to the nature of the goods and the other circumstances of the case; and if the seller omits to do so, and the goods are lost or damaged in course of transit, the buyer may decline to treat the delivery to the carrier as a delivery to himself or may hold the seller responsible in damages. (3) Unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sea transit, under circumstances in which it is usual to insure, the seller must give such notice to the buyer as may enable him to insure them during their sea transit; and if the seller fails to do so, the goods are at his risk during such sea transit. [F1(4) This section does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies (but see the provision made about such contracts in section 29 of that Act).] Textual Amendments F1 S. -
Deed of Novation and Variation of The
DEED OF NOVATION AND VARIATION OF THE SUPPLEMENTAL FUNDING AGREEMENT FOR LISKEARD HIL.LFORT PRIMARY SCHOOL The Parties to this Deed are: (1) THE SECRETARY OF STATE FOR EDUCATION of Sanctuary Buildings, Great Smith Street, London SW1P 3BT (the “Secretary of State”); (2) ADVENTURE LEARNING ACADEMY TRUST, a charitable company incorporated in England and Wales with registered company number 08614382 whose registered 12th address is at Michelmores LLP, Floor, 6 New Street Square, London, EC4A 3SF (“Outgoing Academy Trust”); and (3) TRURO & PENWITH ACADEMY TRUST, a charitable company incorporated in England and Wales with registered company number 08880841 whose registered address is at College Road, Truro, Cornwall TR1 3XX (“Incoming Academy Trust”), together referred to as the “Parties”. INTRODUCTION A. Liskeard Hillfort Primary School is an academy within the meaning of the Academies Act 2010 (the “Academy”) and is currently operated by the Outgoing Academy Trust (a multi academy trust). S. The Secretary of State and the Outgoing Academy Trust entered into a Supplemental Funding Agreement on 29 May 2014 (the “Agreement”) for the maintenance and funding of the Academy (attached as Schedule 1 “Existing Supplemental Funding Agreement”). C. It is proposed that, with effect from 00.01 am on 1 April 2019 (“Transfer Date”), the Incoming Academy Trust will assume responsibility for the management and operation of the Academy in succession to Outgoing Academy Trust. D. The Parties wish to novate the Agreement to the Incoming Academy Trust and the Secretary of State and the Incoming Academy Trust wish to vary the terms of the Agreement subject to the provisions of this Deed. -
Law 410 CONTRACTS BUCKWOLD
Law 410 CONTRACTS BUCKWOLD 1 FORMATION: Is there a contract? In order to have a contract, you must have: o Capacity to contract: Note that minors can enforce a contract against adults, but adults cannot enforce against minors. o Consensus ad idem – ie “meeting of the minds”: Parties must be in agreement to the same terms. Offer & acceptance . Certainty as to terms o Consideration: Parties must have exchanged value not necessarily money, but what they deem to be value. 2 types of contract: o Bilateral: promissory offer by X + acceptance by Y entailing a reciprocal promise . E.g. X offers to sell car to Y for $5000 (offer). Y agrees to by the car (acceptance) = Contract! Which includes: Express terms (e.g. price, model, payment, etc.) Implied terms (implied on basis of presumed intention) o Unilateral: promissory offer by X + acceptance by Y through performance of requested act(s) . E.g. X offers to give Y a sandwich if Y dusts X‟s house (offer). Y dusts (acceptance) = Contract! Which includes: Express terms Implied terms (see above) TERMS OF CONTRACT Note: As a general rule, terms of a contract are those expressly established by the offer plus terms that may be implied. (See MJB Enterprises for more on implied terms) Does lack of subjective knowledge of the terms of an offer preclude recognition and enforcement of an unknown term? No. If the terms are readily accessible, then signing the contract (or clicking “I accept”) constitutes agreeing to them. Rudder v. Microsoft Corp Class action lawsuit against Microsoft; Microsoft said -
Requirements of Timely Performance in Time and Voyage Charterparties
Graduate School REQUIREMENTS OF TIMELY PERFORMANCE IN TIME AND VOYAGE CHARTERPARTIES - AN EXPLORATION OF THEIR IDENTITY, SCOPE AND LIMITATIONS UNDER ENGLISH LAW Thesis submitted for the degree of Doctor of Philosophy at the University of Leicester by Tamaraudoubra Tom Egbe School of Law University of Leicester 2019 Abstract REQUIREMENTS OF TIMELY PERFORMANCE IN TIME AND VOYAGE CHARTERPARTIES - AN EXPLORATION OF THEIR IDENTITY, SCOPE AND LIMITATIONS UNDER ENGLISH LAW By Tamaraudoubra Tom Egbe The importance of time in the performance of contractual obligations under sea carriage of goods arrangements are until now little explored. For the avoidance of breach, certain obligations and responsibilities of the parties to the contract need to be performed promptly. Ocean transport is an expensive venture and a shipowner could suffer considerable financial losses if an unnecessary but serious delay interrupt the vessel’s earning power in the course of the charterer’s performance of his contractual obligation. On the other hand, a charterer could also incur a substantial loss if arrangements for the shipment and receipt of cargo fail to go according to plan as a result of the shipowner’s failure to perform his charterparty obligation timely and with reasonable diligence. With these considerations in mind, this thesis critically explores the concept of timely performance in the discharge of the contractual obligations of parties to a contract of carriage. While the thesis is not an expository of the occurrence of time in all the obligations of parties to the carriage contract, it focusses particularly on the identity, scope, and limitations of timeliness in the context of timely payment of hire, laytime and reasonable despatch. -
Supreme Court of the United States
No. _________ ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- BULK JULIANA LTD. and M/V BULK JULIANA, her engines, tackle, apparel, etc., in rem, Petitioners, versus WORLD FUEL SERVICES (SINGAPORE) PTE LTD., Respondent. --------------------------------- --------------------------------- On Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Fifth Circuit --------------------------------- --------------------------------- PETITION FOR WRIT OF CERTIORARI --------------------------------- --------------------------------- PETER B. SLOSS Counsel of Record [email protected] ROBERT H. MURPHY [email protected] DONALD R. WING [email protected] MURPHY, ROGERS, SLOSS, GAMBEL & TOMPKINS, APLC 701 Poydras Street, Suite 400 New Orleans, Louisiana 70139 Telephone: (504) 523-0400 Attorneys for Claimant-Petitioner, Bulk Juliana Ltd., appearing solely as the Owner and Claimant of the M/V BULK JULIANA ================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i QUESTIONS PRESENTED This petition presents the following unsettled questions of federal maritime law, which are of wide- spread commercial importance to the global shipping community and should be resolved by this Court: 1. Under U.S. law, a maritime necessaries lien arises solely by operation of law and cannot be created by con- tract. Here, a Singapore fuel supplier claims -
In Dispute 30:2 Contract Formation
CHAPTER 30 CONTRACTS Introductory Note A. CONTRACT FORMATION 30:1 Contract Formation ― In Dispute 30:2 Contract Formation ― Need Not Be in Writing 30:3 Contract Formation ― Offer 30:4 Contract Formation ― Revocation of Offer 30:5 Contract Formation ― Counteroffer 30:6 Contract Formation ― Acceptance 30:7 Contract Formation ― Consideration 30:8 Contract Formation ― Modification 30:9 Contract Formation ― Third-Party Beneficiary B. CONTRACT PERFORMANCE 30:10 Contract Performance — Breach of Contract — Elements of Liability 30:11 Contract Performance — Breach of Contract Defined 30:12 Contract Performance — Substantial Performance 30:13 Contract Performance — Anticipatory Breach 30:14 Contract Performance — Time of Performance 30:15 Contract Performance — Conditions Precedent 30:16 Contract Performance — Implied Duty of Good Faith and Fair Dealing — Non-Insurance Contract 30:17 Contract Performance — Assignment C. DEFENSES Introductory Note 30:18 Defense — Fraud in the Inducement 30:19 Defense — Undue Influence 30:20 Defense — Duress 30:21 Defense — Minority 30:22 Defense — Mental Incapacity 30:23 Defense — Impossibility of Performance 30:24 Defense — Inducing a Breach by Words or Conduct 30:25 Defense — Waiver 30:26 Defense — Statute of Limitations 30:27 Defense — Cancellation by Agreement 30:28 Defense — Accord and Satisfaction (Later Contract) 30:29 Defense — Novation D. CONTRACT INTERPRETATION Introductory Note 30:30 Contract Interpretation — Disputed Term 30:31 Contract Interpretation — Parties’ Intent 30:32 Contract Interpretation — -
HORIZON VENTURES of WEST VIRGINIA, INC., a WEST VIRGINIA CORPORATION, Plaintiff Below, Petitioner
IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA January 2021 Term FILED _____________ April 1, 2021 released at 3:00 p.m. No. 19-0171 EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS _____________ OF WEST VIRGINIA HORIZON VENTURES OF WEST VIRGINIA, INC., A WEST VIRGINIA CORPORATION, Plaintiff Below, Petitioner V. AMERICAN BITUMINOUS POWER PARTNERS, L.P., Defendant Below, Respondent ________________________________________________ Appeal from the Circuit Court of Marion County The Honorable Patrick N. Wilson, Judge Civil Action No. 18-C-76 REVERSED AND REMANDED ________________________________________________ Submitted: February 9, 2021 Filed: April 1, 2021 Mark A. Kepple John F. McCuskey Bailey & Wyant, PLLC Roberta F. Green Wheeling, West Virginia Shuman, McCuskey, & Slicer PLLC Attorney for the Petitioner Charleston, West Virginia Attorneys for the Respondent CHIEF JUSTICE JENKINS delivered the Opinion of the Court. JUSTICES HUTCHISON and WOOTON concur and reserve the right to file concurring opinions. SYLLABUS BY THE COURT 1. “A circuit court’s entry of summary judgment is reviewed de novo.” Syllabus point 1, Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (1994). 2. “‘A motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.’ Syllabus Point 3, Aetna Casualty & Surety Co. v. Federal Insurance Co. of New York, 148 W. Va. 160, 133 S.E.2d 770 (1963).” Syllabus point 1, Andrick v. Town of Buckhannon, 187 W. Va. 706, 421 S.E.2d 247 (1992). -
Offer and Acceptance
CHAPTER TWO Offer and Acceptance [2:01] In determining whether parties have reached an agreement, the courts have adopted an intellectual framework that analyses transactions in terms of offer and acceptance. For an agreement to have been formed, therefore, it is necessary to show that one party to the transaction has made an offer, which has been accepted by the other party: the offer and acceptance together make up an agreement. The person who makes the offer is known as the offeror; the person to whom the offer is made is known as the offeree. [2:02] It is important not to be taken in by the deceptive familiarity of the words “offer” and “acceptance”. While these are straightforward English words, in the contract context they have acquired additional layers of meaning. The essential elements of a valid offer are: (a) The terms of the offer must be clear, certain and complete; (b) The offer must be communicated to the other party; (c) The offer must be made by written or spoken words, or be inferred by the conduct of the parties; (d) The offer must be intended as such before a contract can arise. What is an offer? Clark gives this definition: “An offer may be defined as a clear and unambiguous statement of the terms upon which the offeror is willing to contract, should the person or persons to whom the offer is directed decide to accept.”1 An further definition arises in the case of Storer v Manchester City Council [1974] 2 All ER 824, the court stated that an offer “…empowers persons to whom it is addressed to create contract by their acceptance.” [2:03] The first point to be noted from Clark’s succinct definition is that an offer must be something that will be converted into a contract once accepted. -
Bills of Lading Vs Sea Waybills, and the Himalaya Clause Peter G
Bills of Lading vs Sea Waybills, and The Himalaya Clause Peter G. Pamel and Robert C. Wilkins Borden Ladner Gervais, LLP Presented at the NJI/CMLA, Federal Court and Federal Court of Appeal Canadian Maritime Law Association Seminar April 15, 2011 Fairmont Château Laurier, Ottawa 1) Introduction Bills of lading and sea waybills are two of the most common forms of transport document used in contemporary shipping. Their similarities and difference, and respective uses, in such trade should be clearly understood by all who are involved in that activity. In particular the meaning of “document of title” used in respect of bills of lading, and whether sea waybills are or are not also such documents of title, have given rise to much debate, which has now largely been resolved in major shipping nations. Also, the impact on these transport documents of compulsorily applicable liability regimes set out in international carriage of goods by sea conventions is also essential to a proper grasp of the role these documents play in international maritime commerce. It is also interesting to examine how parties other than carriers, shippers and consignees can and do benefit from certain clauses in ocean bills of lading and sea waybills which purport to confer on such third parties or classes of them the exemptions from, and limitations of, liability which marine carriers assume in the performance of their functions. This paper will attempt to provide an overview of these issues, with special reference to how they are addressed in Canadian maritime law. 2) Bills of Lading and Sea Waybills in Modern Shipping Bills of lading and sea waybills are the two basic documents that attest to the carriage of goods by water, both domestically within Canada and internationally. -
United States District Court Southern District of Florida
Case 9:16-cv-80076-RLR Document 177 Entered on FLSD Docket 04/25/2018 Page 1 of 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 16-80076-Civ-Rosenberg/Brannon INSPIRED DEVELOPMENT GROUP, LLC, Plaintiff, v. INSPIRED PRODUCTS GROUP, LLC, Defendant. ______________________________/ REPORT AND RECOMMENDATION THIS CAUSE is before the Court on Defendant’s Motion for Its Attorneys’ Fees and Costs (“Motion”) [DE 160], Plaintiff’s response in opposition [DE 162], and Defendant’s reply [DE 165], which has been referred to the undersigned for appropriate disposition [DE 175]. Being fully advised, the Court RECOMMENDS that Defendant’s Motion [DE 160] be GRANTED IN PART and DENIED IN PART, and that Defendant be awarded $205,946.80 in attorneys’ fees and Defendant’s request for costs be denied. I. BACKGROUND This case arises from Defendant’s, Inspired Products Group, LLC (“IPG”/“Defendant”), alleged breach of its promise to pay $3 million to Plaintiff, Inspired Development Group (“IDG”/“Plaintiff”), in exchange for using IDG’s character car seat concept and licensing its patents. On December 5, 2016, IPG served on IDG a Proposal for Settlement for $300,000 pursuant to Fla. Stat. § 768.79 (the “Offer”) [DE 160-1], which IDG never accepted. Thereafter, the parties engaged in mediation and filed briefs on motions for summary judgment and motions in limine. On January 25, 2017, the Court granted summary judgment to IPG on Counts II 1 Case 9:16-cv-80076-RLR Document 177 Entered on FLSD Docket 04/25/2018 Page 2 of 14 (breach of contract), III (unjust enrichment), and IV (promissory estoppel) of the four-count complaint.1 On February 2, 2017, the remaining count, Count I for breach of contract, was dismissed with prejudice after the parties entered into a stipulated settlement agreement of $50,000, with IPG to make payment upon conclusion of the appeal or other proceedings in this case. -
Chapter 4 the Economics of Contract Law I: the Elements of a Valid
Chapter 4 The Economics of Contract Law I: The Elements of a Valid Contract This chapter begins the analysis of contract law by describing the elements that constitute a valid contract. Specifically, it asks what must be true of a promise for it to be legally enforceable. Key Points Contract law provides the legal background for economic exchange by enforcing voluntary agreements. Contracts cannot always provide for contingencies that might arise between the formation of the contract and the performance date. The economic theory of contract law says that courts should supply the missing terms in these incomplete contracts so as to maximize the gains from trade. From a legal perspective, a valid contract includes three elements: offer, acceptance, and consideration. When offer and acceptance are present, the parties are said to have achieved a “meeting of the minds.” Consideration is the return promise that makes a contract mutual. Consideration need not be a monetary payment. It can also be a voluntary surrender of a legal right. Under traditional contract law, courts only inquire into the presence of consideration, not its form or adequacy. A contract is invalid if one or both of the parties is mentally incompetent; if one of the parties entered the contract under coercion or duress; if the contract involves a mutual mistake; or if the terms of the contract are unconscionable. These excuses are referred to as formation defenses. The proper economic interpretation of coercion or duress is that it concerns prevention of monopoly. The doctrine of mistake concerns the rules for disclosure of private information prior to contracting. -
Consumer Sales Contracts: Rules on the Transfer of Ownership of Goods
BRIEFING PAPER Number 9036, 30 October 2020 Consumer sales contracts: By Lorraine Conway rules on the transfer of ownership of goods Contents: 1. Introduction 2. Current law: when is a consumer contract formed? 3. Current transfer of ownership rules 4. Consultations on reform of transfer of ownership rules 5. Law Commission’s draft Bill 6. Next steps www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Consumer sales contracts: rules on the transfer of ownership of goods Contents Summary 3 1. Introduction 5 1.1 Nature of the problem 5 1.2 The policy rationale for the draft Bill 5 1.3 Coronavirus has created a new sense of urgency 6 2. Current law: when is a consumer contract formed? 8 2.1 When is a sales contract formed? 8 2.2 How do terms and conditions delay formation of a sale contract? 8 2.3 Why delay the formation of the contract? 9 2.4 Possible consumer detriment 9 3. Current transfer of ownership rules 11 3.1 Specific goods 11 3.2 Unascertained or future goods 12 3.3 Goods forming part of a bulk 14 4. Consultations on reform of transfer of ownership rules 16 4.1 Law Commission consultation - June 2015 16 4.2 Law Commission’s Final Report - July 2016 16 4.3 Current Law Commission consultation & draft Bill – July 2020 17 5. Law Commission’s draft Bill 19 5.1 Scope of the proposed new rules 19 5.2 New modern terminology 20 5.3 “Goods identified and agreed” (currently referred to as specific goods) 20 5.4 “Goods not identified and agreed upon” (currently referred to as unascertained goods) 21 5.5 Rules to be mandatory 23 5.6 Goods forming part of a bulk 24 5.7 Transfer of risk 26 5.8 Insolvency and the operation of the proposed transfer of ownership rules 26 6.