THE DOCTRINE OF UNCONSCIONABILITY: IS IT APPROPRIATE FOR IT TO BECOME THE UNDERLYING PRINCIPLE FOR A CLAIM OF VOIDABLE CONTRACTS ON THE GROUNDS OF UNDUE INFLUENCE? Table of Contents 1.0 Introduction 3 2.0 Concept of undue influence 3 3.0 Doctrine of unconscionability
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‘unconscionaibility has no independent existence for it is defined purely in terms of three factual requirements. The corollary is‚ of course‚ that unconscionability exists by definition whenever there is an assurance‚ reliance and detriment‚ because non-performance of the assurance after the detriment will always be unconscionable. Such a view is at odds with those who view unconscionability as at the heart of the doctrine – in the sense of providing its underlying rationale – because‚ quite simply‚ it denies
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Is there a need for a doctrine of unconscionability The doctrine of unconscionability prevents a contracting party from exploiting their full contracting rights when the courts feel that it is inequitable for them to do so. This essay shall examine the juristic basis of unconscionability with reference to the basic principles expounded in the classic case of Fry v Lane. It will conclude that there is no need for a doctrine of unconscionability because most of these cases can be explained on the
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predictable decisions which depend on all the circumstances of the particular case and which necessarily involve an element of impression. It therefore seems more profitable‚ outside the statutory contexts in which unconscionability is made a specific ground for relief‚ to approach unconscionability as a component of the general jurisdiction of the courts to grant relief in cases of equitable fraud‚ and to see unconscionable conduct as a circumstance which may attract the exercise of that
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DOCTRINE OF PART- PERFORMANCE AYUSHI AGRAWAL Aims and Objectives The aim of the project is to present a detailed study on the topic of ‘Doctrine of Part- Performance’ under the Transfer of Property Act‚ 1882. Sources of Data The following secondary sources of data have been used in the project- 1. Articles 2. Books 3. Websites Research Methodology The research work of this project is based on doctrinal method. Introduction Property is one of the most fundamental elements
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contract or the terms and conditions are unjust that the court will be forced to decline it. The contract should be found both procedurally and substantively unconscionable for the court to prove it unconscionability. (D.R. Horton‚ Inc. v. Green‚ 120 Nev. 549‚ 553‚ 96 P.3d 1159‚ 1162) (2004). Unconscionability can be described
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| INTRODUCTION Requirement engineering is the first and crucial phase in the development of software. The main aim of the requirements engineering process is gathering of requirements. It involves set of activities like system feasibility study‚ analysis‚ validation and management of the requirements. There are many methods already exist to perform the requirements gathering process and the software developers apply
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have lost the skills to be considered for a position in a new company‚ the employer holds all the power. The key element of substantive unconscionability focuses on the terms of the contract and if those terms were written in an egregious manner by one party‚ when viewed in the light of the respective commercial market. An example of substantive unconscionability is the Championsworld v. USSF case. USSF was charged Championsworld a fee of 20% while the market rate was 2%. The court found the fee
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Employment-At-Will Doctrine In the United States‚ employees without a written employment contract generally can be fired for good cause‚ bad cause‚ or no cause at all; judicial exceptions to the rule seek to prevent wrongful termination. There are three exceptions to the doctrine that are recognized across the 50 states. These exceptions address employment terminations that are in line with the doctrine requirements but are probably not justified [Muhl‚ 2001]. Public-policy exception Under
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l 1st Draft Assignment 1 Employment At Will Doctrine LEG 500 – Law‚ Ethics‚ and Corporate Governance Fancy Petagaye Strayer University – Doral Campus Luis A. Zapata July 21st 2012 ASSIGNMENT 1: EMPLOYMENT-At Will Doctrine As a manager and supervisor of an accounting department‚ discuss the following issues related to the employment-at-will doctrine and liability of an employer based on actions and responses to the employee’s behavior and actions. Jennifer‚ a recent graduate‚ has recently
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