Contract Law Offer and Acceptance Revocation
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Offer and Acceptance
ROLL FOLD... DOUBLE CHECK ADJUSTMENTS FOR ROLL FOLD... 1/16" creep. MAKE ADJUSTMENTS FOR DOT GAIN. diligence period expires, the earnest money should “contingencies” must be performed by the dates are a number of exceptions to this requirement. timeshare in North Carolina from a seller classified by these transactions may be riskier than a conventional be refunded to you. If you terminate after the due specified in the contract or very soon thereafter, Consequently, for application of this law to a particular law as a developer of a timeshare project, you have five purchase, you should consult your attorney before into diligence period, the earnest money is usually depending upon whether the contract states that situation, you should consult your attorney. days to cancel your purchase contract which you can do entering such agreements. forfeited to the seller unless the seller is unable “time is of the essence.” If time is of the essence, and • Lead Paint Disclosure. If you are by mail. If you are a resident of another state, you may • Lease-Purchase. In lease-purchase Questions and Answers on: or unwilling to satisfy the terms of the contract. If you or the seller fail to perform by the stated deadline, purchasing a residential building constructed before also have additional rescission rights under the laws of transactions, you occupy property as a tenant but agree there is any dispute between you and the seller the other party may terminate the contract. If the 1978, federal law requires sellers and their brokers to your home state. The developer must hold all funds to purchase it at a future date. -
Contractual Risk Transfer in Construction Contracts
CONTRACTUAL RISK TRANSFER IN CONSTRUCTION CONTRACTS Tarron L. Gartner Katie McClelland Cooper & Scully, P.C. 900 Jackson Street, Suite 100 Dallas, TX 75202 214/712-9500 214/712-9540 (Fax) © 2008 TABLE OF CONTENTS PAGE I. CONTRACTUAL RISK TRANSFER IN CONSTRUCTION CONTRACTS............................... 1 A. “Insured Contract” – The Essence of Contractual Liability Coverage ............................................ 1 1. Contractual Liability Exclusion and Exception .................................................................. 1 B. Mechanics of Determining Contractual Liability Coverage ............................................................ 2 1. Determine the Validity of the Indemnity Agreement ......................................................... 2 2. Determine Whether Covered Injuries are Alleged Against Indemnitee ............................. 3 3. Determine Whether Indemnity Agreement was Executed Prior to Covered Injury ........... 3 4. Determine Whether to Assume Defense of Indemnitee...................................................... 3 C. Sole Negligence Variation on “Insured Contract”........................................................................... 4 D. Insured Contract Exception to Employer’s Liability Exclusion ...................................................... 4 II. VALIDITY OF INDEMNITY AGREEMENT UNDER FAIR NOTICE RULES ......................... 5 A. Express Negligence Test.................................................................................................................. 5 1. -
Writing Sample
Writing Sample Office of Career Services What is the purpose of a writing sample? The purpose of a writing sample is to illustrate how you organize and express your thoughts in writing. Legal employers use the writing sample to determine whether your skills and abilities meet their standards. Your writing sample should demonstrate your legal reasoning and analytical skills as well as your ability to communicate succinctly. When should I submit a writing sample? You should only submit a writing sample when an employer ProTip! specifically requests it. It is recommended to take copies of your writing sample to an You should not send a writing sample when sending networking letters. interview and provide a copy upon request. What is the proper format? Page length: 5 to 10 pages, double-spaced. If an employer sets a minimum or maximum page limit, you should adhere to those specifications. The writing sample, including the cover page, should fit into the employer’s given page limit. You should also include a header or footer with your name and page number on every page. Note: It is important to note that there are some exceptions when applying for judicial clerkships. See your CSO for more information. How do I condense my writing sample? If your sample exceeds the page requirements, you can select an excerpt from the sample as long as you provide an explanation in the cover page of the context of the excerpt, including facts and issues that will provide the reader with a complete understanding of the work product. You should also ensure that the selected excerpt demonstrates your analytical and legal reasoning skills and ability to communicate clearly and concisely. -
The Problem of Delay in the Contract Formation Process: a Comparative Study of Contract Law Mikio Yamaguchi T
Cornell International Law Journal Volume 37 Article 3 Issue 2 2004 The rP oblem of Delay in the Contract Formation Process: A Comparative Study of Contract Law Mikio Yamaguchi Follow this and additional works at: http://scholarship.law.cornell.edu/cilj Part of the Law Commons Recommended Citation Yamaguchi, Mikio (2004) "The rP oblem of Delay in the Contract Formation Process: A Comparative Study of Contract Law," Cornell International Law Journal: Vol. 37: Iss. 2, Article 3. Available at: http://scholarship.law.cornell.edu/cilj/vol37/iss2/3 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. The Problem of Delay in the Contract Formation Process: A Comparative Study of Contract Law Mikio Yamaguchi T Introduction ..................................................... 358 I. Law Applicable to the Problem of Delay in the United States .................................................... 3 6 1 A. Structure of Applicable Law ........................... 361 B. Priority of the Applicable Law ........................ 362 II. Comparative Study of the Contract Formation Process ..... 363 A. Legal Structure of the Contract Formation Process ..... 363 1. Structure of the Contract Formation Process Under the Comm on Law ................................. 363 2. Structure of the Contract Formation Process from a Comparative Perspective ........................... 364 B. A Major Function of the Common Law in the Contract Form ation Process .................................... 365 1. Common Law Rules and Principles That Reflect the Balancing Function ................................ 365 2. Balancing Function from a Comparative Perspective ....................................... -
What Is Invitation to Treat?
Cyber Law: © Dr. Qais Faryadi (F.S.T) www.dr-qais.com WHAT IS INVITATION TO TREAT? Invitation to treat or simply speaking information to bargain means a person inviting others to make an offer in order to create a binding contract. An example of invitation to treat is found in window shop displays and product advertisement. Invitation to treat comes from the Latin phrase invitatio ad offerendum and it means inviting an offer. In another words it is a special expression showing a person’s willingness to negotiate. When a shopkeeper makes an invitation to treat may not accept any offer on his goods as soon as it is accepted by the person who makes an offer. There is a difference between an offer and invitation to treat. When A accepts an offer from B a contract is complete. When B accepts an advertisement in a shop window, he is actually making an offer. It is up to the advertiser to accept or to reject the offer. The issue of invitation to treat was discussed in the case of Fisher v Bell 1 by the English Court of Appeal: “It is perfectly clear that according to the ordinary law of contract the display of an article with a price on it in a shop window is merely an invitation to treat. It is in no sense an offer for sale the acceptance of which constitutes a contract.” As such when a person displays a good on his shop or advertises something in his shop window merely bargaining an offer on it. -
Introduction to Law and Legal Reasoning Law Is
CHAPTER 1: INTRODUCTION TO LAW AND LEGAL REASONING LAW IS "MAN MADE" IT CHANGES OVER TIME TO ACCOMMODATE SOCIETY'S NEEDS LAW IS MADE BY LEGISLATURE LAW IS INTERPRETED BY COURTS TO DETERMINE 1)WHETHER IT IS "CONSTITUTIONAL" 2)WHO IS RIGHT OR WRONG THERE IS A PROCESS WHICH MUST BE FOLLOWED (CALLED "PROCEDURAL LAW") I. Thomas Jefferson: "The study of the law qualifies a man to be useful to himself, to his neighbors, and to the public." II. Ask Several Students to give their definition of "Law." A. Even after years and thousands of dollars, "LAW" still is not easy to define B. What does law Consist of ? Law consists of enforceable rule governing relationships among individuals and between individuals and their society. 1. Students Need to Understand. a. The law is a set of general ideas b. When these general ideas are applied, a judge cannot fit a case to suit a rule; he must fit (or find) a rule to suit the unique case at hand. c. The judge must also supply legitimate reasons for his decisions. C. So, How was the Law Created. The law considered in this text are "man made" law. This law can (and will) change over time in response to the changes and needs of society. D. Example. Grandma, who is 87 years old, walks into a pawn shop. She wants to sell her ring that has been in the family for 200 years. Grandma asks the dealer, "how much will you give me for this ring." The dealer, in good faith, tells Grandma he doesn't know what kind of metal is in the ring, but he will give her $150. -
Smashing the Broken Mirror: the Battle of the Forms, UCC 2-207, and Louisiana's Improvements, 53 La
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Louisiana State University: DigitalCommons @ LSU Law Center Louisiana Law Review Volume 53 | Number 5 May 1993 Smashing the Broken Mirror: The aB ttle of the Forms, UCC 2-207, and Louisiana's Improvements N. Stephan Kinsella Repository Citation N. Stephan Kinsella, Smashing the Broken Mirror: The Battle of the Forms, UCC 2-207, and Louisiana's Improvements, 53 La. L. Rev. (1993) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol53/iss5/5 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Smashing the Broken Mirror: The Battle of the Forms, UCC 2-207, and Louisiana's Improvements N. Stephan Kinsella* TABLE OF CONTENTS I. Introduction ........................................................... 1556 II. The Mirror Image Rule and the Last Shot Principle ... 1557 III. Formation of Contracts in Louisiana-Present and Future .................................................................. 1558 IV. UCC Section 2-207 Problems and Civil Code Solutions ............................................................... 1560 A. Where Acceptance is "Expressly Conditional" ..... 1560 1. The Meaning of "Expressly Conditional". ..... 1560 2. Article 2601-Omission of "Expressly"-Ap- parent Disadvantages ................................... 1562 3. Article 2601-Omission of "Expressly"- Advantages ................................................ 1563 B. Expression of Acceptance .................................. 1565 C. Additional and Different Terms as Proposals for M odification .................................................... 1566 D. Additional Terms that "Materially Alter" the C ontract ......................................................... 1567 1. "Different Terms" and Acceptance by Silence 1567 2. -
All Risks of Loss V. All Loss: an Examination of Broad Form Insurance Coverages John P
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Notre Dame Law School: NDLScholarship Notre Dame Law Review Volume 34 | Issue 3 Article 3 5-1-1959 All Risks of Loss v. All Loss: An Examination of Broad Form Insurance Coverages John P. Gorman Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Law Commons Recommended Citation John P. Gorman, All Risks of Loss v. All Loss: An Examination of Broad Form Insurance Coverages, 34 Notre Dame L. Rev. 346 (1959). Available at: http://scholarship.law.nd.edu/ndlr/vol34/iss3/3 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. ALL RISKS OF LOSS v. ALL LOSS: AN EXAMINATION OF BROAD FORM INSURANCE COVERAGES John P. Gorman* Introduction There is ample evidence in recent times to show that people who are interested in the protections offered by insurance are demanding broader forms of coverage upon fixed property, chiefly dwellings and the contents of dwellings. This is understandable enough, in view of the manifold perils to which all types of property are subjected in our times. With large urban con- centrations growing larger, and with the increasing number of people and sit- uations to which a person must expose himself just to live in a complex so- ciety, the need for extensive and comprehensive insurance coverage is evident. -
Beyond Unconscionability: the Case for Using "Knowing Assent" As the Basis for Analyzing Unbargained-For Terms in Standard Form Contracts
Beyond Unconscionability: The Case for Using "Knowing Assent" as the Basis for Analyzing Unbargained-for Terms in Standard Form Contracts Edith R. Warkentinet I. INTRODUCTION People who sign standard form contracts' rarely read them.2 Coun- sel for one party (or one industry) generally prepare standard form con- tracts for repetitive use in consecutive transactions.3 The party who has t Professor of Law, Western State University College of Law, Fullerton, California. The author thanks Western State for its generous research support, Western State colleague Professor Phil Merkel for his willingness to read this on two different occasions and his terrifically helpful com- ments, Whittier Law School Professor Patricia Leary for her insightful comments, and Professor Andrea Funk for help with early drafts. 1. Friedrich Kessler, in a pioneering work on contracts of adhesion, described the origins of standard form contracts: "The development of large scale enterprise with its mass production and mass distribution made a new type of contract inevitable-the standardized mass contract. A stan- dardized contract, once its contents have been formulated by a business firm, is used in every bar- gain dealing with the same product or service .... " Friedrich Kessler, Contracts of Adhesion- Some Thoughts About Freedom of Contract, 43 COLUM. L. REV. 628, 631-32 (1943). 2. Professor Woodward offers an excellent explanation: Real assent to any given term in a form contract, including a merger clause, depends on how "rational" it is for the non-drafter (consumer and non-consumer alike) to attempt to understand what is in the form. This, in turn, is primarily a function of two observable facts: (1) the complexity and obscurity of the term in question and (2) the size of the un- derlying transaction. -
In Defense of the Impossibility Defense Gerhard Wagner Georg-August University of Goettingen
Loyola University Chicago Law Journal Volume 27 Article 4 Issue 1 Fall 1995 1995 In Defense of the Impossibility Defense Gerhard Wagner Georg-August University of Goettingen Follow this and additional works at: http://lawecommons.luc.edu/luclj Part of the Contracts Commons Recommended Citation Gerhard Wagner, In Defense of the Impossibility Defense, 27 Loy. U. Chi. L. J. 55 (1995). Available at: http://lawecommons.luc.edu/luclj/vol27/iss1/4 This Essay is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. Essay In Defense of the Impossibility Defense GerhardWagner* I. INTRODUCTION Generally, the common law follows the rule of pacta sunt servanda' under which contractual obligations are absolutely binding on the parties. 2 The impossibility defense is an exception to this general rule.3 Under the impossibility defense, a promisor may default with- out incurring liability for the promisee's expectation damages.4 * Akademischer Rat (Junior Lecturer) at Georg-August University of Goettingen, Germany; J.D., 1989, University of Goettingen; L.L.M., 1995, University of Chicago. The author is deeply indebted to Richard Craswell of the University of Chicago Law School for many helpful comments on an earlier draft of this Essay. 1. "Pacta sunt servanda" means "agreements (and stipulations) of the parties (to a contract) must be observed." BLACK'S LAW DICTIONARY 1109 (6th ed. 1990). 2. For an erudite discussion of pacta sunt servanda, see generally Richard Hyland, Pacta Sunt Servanda: A Meditation, 34 VA. -
Is an Advertisement an Offer? Why It Is, and Why It Matters Jay M
Hastings Law Journal Volume 58 | Issue 1 Article 2 1-2006 Is an Advertisement an Offer? Why It Is, and Why It Matters Jay M. Feinman Stephen R. Brill Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Jay M. Feinman and Stephen R. Brill, Is an Advertisement an Offer? Why It Is, and Why It Matters, 58 Hastings L.J. 61 (2006). Available at: https://repository.uchastings.edu/hastings_law_journal/vol58/iss1/2 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Is an Advertisement an Offer? Why It Is, and Why It Matters JAY M. FEINMAN* AND STEPHEN R. BRILL** INTRODUCTION Courts and scholars uniformly recite the contract law rule familiar to all first-year students: An advertisement is not an offer. The courts and scholars are wrong. An advertisement is an offer. This Article explains why the purported rule is not the law, why the actual rule is that an advertisement is an offer, why that rule is correct, and what it tells us about contract law in particular and legal doctrine in general. I. THE TRADITIONAL RULE: AN ADVERTISEMENT Is NOT AN OFFER It is Hornbook law' that an advertisement is not an offer. Williston self-assuredly declared the rule to be an application of the dividing line between preliminary negotiations and offers: Frequently, negotiations for a contract are begun between parties by general expressions of willingness to enter into a bargain upon stated terms and yet the natural construction of the words and conduct of the parties is rather that they are inviting offers, or suggesting the terms of a possible future bargain than making positive offers. -
2000-2001,26 L.Ed.2D 387 (1970); Monroe, Id
QUESTION 1 Denver Electronic Business, Inc. (Denver) designs and markets computer software. In order to expand its business, Denver borrowed funds from First Bank & Trust Company ( Bank). Denver and Bank signed a security agreement which granted Bank a security interest in all Denver's "equipment, inventory, computer software and designs, now owned or hereafter acquired or developed." Bank also had Denver sign a financing statement which identified the collateral in the same terms. Bank promptly filed the financing statement with the appropriate filing offices of the state and county in which Denver is headquartered and does business. A few months later, Denver replaced its employees' computers and sold the old computers to Computer Sales, Inc. (Computer Sales), a business which buys and sells used computer equipment. A few weeks later, Betty Buyer (Buyer)purchased one of these machines from Computer Sale's retail store. Denver used $1,000 of the proceeds from the sale of its old computers to buy 100 shares of stock in TransWord, Corp. Denver received a fully executed stock certificate for the 100 shares from TransWord in Denver's name. Unfortunately, Denver's business failed, forcing Denver to file bankruptcy. At the time of the filing, Denver's major asset was the successful word processing program it had developed, "Word-GO." QUESTIONS: 1. Discuss who has priority in Word-GO and the TransWord stock: Bank or the bankruptcy trustee. 2. Discuss whether Bank may recover the computer Buyer purchased from Computer Sales. QUESTION 2 Andy was looking for a building suitable for an auto repair business.