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6 hours ago · Nudity is the state of being in which a human is without clothing or specifically not covering the genitals. Partial nudity may be defined as not covering other parts of the body deemed sexual. Nudity is culturally complex due to meanings given various states of undress in differing social situations. In any particular society, these meanings ...
- Formalities and Writing Requirements For Some Contracts
- Contract Terms: Construction and Interpretation
- Third Parties
- Commercial Use
At common law, the elements of a contract are: offer, acceptance, intention to create legal relations, consideration, and legality of both form and content. Not all agreements are necessarily contractual, as the parties generally must be deemed to have an intention to be legally bound. A so-called gentlemen's agreementis one which is not intended to be legally enforceable, and "binding in honour only".
Sometimes the capacity of either natural or artificial persons to either enforce contracts, or have contracts enforced against them is restricted. For instance, very small children may not be held to bargains they have made, on the assumption that they lack the maturity to understand what they are doing; errant employees or directors may be prevented from contracting for their company, because they have acted ultra vires(beyond their power). Another example might be people who are mentally incapacitated, either by disability or drunkenness. Each contractual party must be a "competent person" having legal capacity. The parties may be natural persons ("individuals") or juristic persons ("corporations"). An agreement is formed when an "offer" is accepted. The parties must have an intention to be legally bound; and to be valid, the agreement must have both proper "form" and a lawful object. In England (and in jurisdictions using English contract principles), the parties must also exchan...
A contract is often evidenced in writing or by deed. The general rule is that a person who signs a contractual document will be bound by the terms in that document. This rule is referred to as the rule in L'Estrange v Graucob. This rule is approved by the High Court of Australia in Toll(FGCT) Pty Ltd v Alphapharm Pty Ltd. But a valid contract may (with some exceptions) be made orally or even by conduct. Remedies for breach of contract include damages (monetary compensation for loss) and, for serious breaches only, repudiation (i.e. cancellation). The equitable remedy of specific performance, enforceable through an injunction, may be available if damages are insufficient. Typically, contracts are oral or written, but written contracts have typically been preferred in common law legal systems; in 1677 England passed the Statute of Frauds which influenced similar statute of frauds laws in the United States and other countries such as Australia. In general, the Uniform Commercial Code a...
A contractual term is "an[y] provision forming part of a contract". Each term gives rise to a contractual obligation, breach of which can give rise to litigation. Not all terms are stated expressly and some termscarry less legal weight as they are peripheral to the objectives of the contract.
The common law doctrine of privity of contract provides that only those who are party to a contract may sue or be sued on it. The leading case of Tweddle v Atkinson  immediately showed that the doctrine had the effect of defying the intent of the parties. In maritime law, the cases of Scruttons v Midland Silicones  and N.Z. Shipping v Satterthwaite  established how third parties could gain the protection of limitation clauses within a bill of lading.Some common law exceptions such as agency, assignment and negligence allowed some circumvention of privity rules, but the unpopular doctrine remained intact until it was amended by the Contracts (Rights of Third Parties) Act 1999which provides:
Performance varies according to the particular circumstances. While a contract is being performed, it is called an executory contract, and when it is completed it is an executed contract. In some cases there may be substantial performancebut not complete performance, which allows the performing party to be partially compensated. Research in business and management has also paid attention to the influence of contracts on relationship development and performance.
Vitiating factorsconstituting defences to purported contract formation include: 1. Mistake (such as non est factum) 2. Incapacity, including mental incompetence and infancy/minority 3. Duress 4. Undue influence 5. Unconscionability 6. Misrepresentationor fraud 7. Frustration of purpose Such defenses operate to determine whether a purported contract is either (1) void or (2) voidable. Void contracts cannot be ratified by either party. Voidable contracts canbe ratified.
In many countries, in order to obtain damages for breach of contract or to obtain specific performance or other equitable relief, the aggrieved injured party may file a civil (non-criminal) lawsuit in court. In England and Wales, a contract may be enforced by use of a claim, or in urgent cases by applying for an interim injunctionto prevent a breach. Likewise, in the United States, an aggrieved party may apply for injunctive relief to prevent a threatened breach of contract, where such breach...
In the United Kingdom, breach of contract is defined in the Unfair Contract Terms Act 1977 as: [i] non-performance, [ ii] poor performance, [iii] part-performance, or [iv] performance which is substantially different from what was reasonably expected. Innocent parties may repudiate (cancel) the contract only for a major breach (breach of condition),but they may always recover compensatory damages, provided that the breach has caused foreseeable loss. It was not possible to sue the Crown in th...
Whilst early rules of trade and barter have existed since ancient times, modern laws of contract in the West are traceable from the industrial revolution (1750 onwards), when increasing numbers worked in factories for a cash wage. In particular, the growing strength of the British economy and the adaptability and flexibility of the English common law led to a swift development of English contract law. Colonies within the British empire (including the USA and the Dominions) would adopt the law of the mother country. In the 20th century, the growth of export trade led to countries adopting international conventions, such as the Hague-Visby Rules and the UN Convention on Contracts for the International Sale of Goods,to promote uniform regulations. Contract law is based on the principle expressed in the Latin phrase pacta sunt servanda, ( "agreements must be kept"). The common law of contract originated with the now-defuct writ of assumpsit, which was originally a tort action based on r...
Contracts are widely used in commercial law, and form the legal foundation for transactions across the world. Common examples include contracts for the sale of services and goods (both wholesale and retail), construction contracts, contracts of carriage, software licenses, employment contracts, insurance policies, sale or lease of land, and various other uses. Although the European Union is fundamentally an economic community with a range of trade rules, there is no overarching "EU Law of Contract". In 1993, Harvey McGregor, a British barrister and academic, produced a "Contract Code" under the auspices of the English and Scottish Law Commissions, which was a proposal to both unify and codify the contract laws of England and Scotland. This document was offered as a possible "Contract Code for Europe", but tensions between English and German jurists meant that this proposal has so far come to naught.
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6 hours ago · Civil rights. The Reagan administration was often criticized for inadequately enforcing, if not actively undermining, civil rights legislation. In 1982, he signed a bill extending the Voting Rights Act for 25 years after a grass-roots lobbying and legislative campaign forced him to abandon his plan to ease that law's restrictions.
1 day ago · Los Angeles boasts a number of sports venues, including Dodger Stadium, the Los Angeles Memorial Coliseum, Banc of California Stadium and the Crypto.com Arena. The Forum, SoFi Stadium, Dignity Health Sports Park, the Rose Bowl, Angel Stadium and Honda Center are also in adjacent cities and cities in Los Angeles's metropolitan area.
1 day ago · Rail transport (also known as train transport) is a means of transferring passengers and goods on wheeled vehicles running on rails, which are located on tracks.In contrast to road transport, where the vehicles run on a prepared flat surface, rail vehicles (rolling stock) are directionally guided by the tracks on which they run.
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