Contracts II Outline Fall 2005 Professor Jean Powers Cited to Crandall & Whaley’s Contracts‚ 4th Edition I) Damages (227) A) Introduction (227) 1) General Rule – Contract damages should put the π in as good of a position as if the contract was fulfilled. 2) No action on a contract need be present for damages to be proper. An executory contract will suffice. B) Measuring Expectation Damages (229) 1) Expectation = Expected Value + Costs – Expenses Mitigated 2) Repair Theory – Damages should
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contract law The many doctrines of promissory estoppel If one concept in the early part of the contract law syllabus is difficult for the law student to digest‚ it is promissory estoppel‚ usually learned alongside the doctrine of consideration. This article tackles this tricky topic by dissecting promissory estoppel. by Adam Kramer‚ Lecturer in Law‚ University of Durham Promises are special in our society because there is a societal or moral convention that allows a promisor to be treated as
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Enlightment and the freedom of thought What is Enlightment ? Enlightenment is man’s emergence from his self-imposed nonage. Nonage is the inability to use one’s own understanding without another’s guidance. This nonage is self-imposed if its cause lies not in lack of understanding but in indecision and lack of courage to use one’s own mind without another’s guidance. Dare to know! "Have the courage to use your own understanding‚" is therefore the motto of the enlightenment
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and patterns of living evolve in society. This essay will discuss the many difficulties that regularly arise in this delicate area of the law for which there is no simple‚ all-encompassing solution. Specifically it will cover the common intention constructive trust and its development as well as the impact of the reform introduced by the Trust of Land and Appointment of Trustees Act 1996 (TLATA). Cohabitation of property has generally always been regulated by statute. Much of the 20th century co-ownership
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References: Res Judicata and the Civil Procedure Code‚ 1908 The doctrine of Res Judicata in nations that have a civil law legal system is much narrower in scope than in common law nations
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extent of any inconsistency between them. 2. An earlier legal right takes priority over a subsequent legal right (nemo dat rule at common law). 3. A legal right takes priority over an equitable right of which a bona fide purchaser does not have notice. 4. An earlier equitable right takes priority over a later equitable right (but some exceptions exist). ------------------------------------------------- A: Old System Title * Deeds: * A deed is the most solemn act that can be done
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“….if the creditor bank has notice‚ actual or constructive‚ of undue influence exercised by the husband (and consequently of the wife’s equity to set aside the transaction) the creditor will take subject to that equity and the wife can set aside the transaction against the creditor…as well as against the husband.” (per Lord Browne-Wilkinson in Barclays Bank plc v O Brien [1994] 1 AC 180 at 191) Critically discuss the above statement. Analysis of wife’s equity to set aside the husband’s transaction
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impliedly repealed. Constitutional statutes may not. For the repeal of a constitutional Act or the abrogation of a fundamental right to be effected by statute‚ the court would apply this test: is it shown that the legislature’s actual - not imputed‚ constructive or presumed - intention was to effect the repeal or abrogation? I think the test could only be met by express words in the later statute‚ or by words so specific that the inference of an actual determination to effect the result contended for was
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these decided cases. 1. Doctrinal bases of liability There are three areas of doctrine of importance to banks. The first concerns the general standard of care the law expects‚ once a duty of care has been established‚ whether that be in contract‚ tort‚ or fiduciary law. Then the potential liability of a bank is explored as a fiduciary‚ constructive trustee‚ or an accessory. Finally‚ there is brief mention of some emerging standards of liability which have primarily
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Disposal of property on death – Secret Trusts Definition: An owner of property dies‚ that property passes to those entitled under the law of succession. 2 main methods: 1) Through a valid will 2) Intestacy rules Will – series of specific bequests or legacies of specific assets to specific individuals who will receive the assets not disposed off. If no residue clause then the rules of intestacy operate. Requirements of a valid Will 1) Capacity 2) Age 3) Mental Capacity 4) Intention
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