Contracts- Remedies 6個詞語 本學習集中的詞語(10) Contract An agreement creating obligations enforceable by law. the elements of a contract are mutual assent, consideration, capacity, and legality. in some states, the element of consideration can be satisfied by a valid substitute. possible remedies...
as interpreted by a reasonable person, rather than by the party's own secret, subjective intentions. state statutory law the body of law governing contracts for goods or products; based on the uniform commercial code. hybrid contract a contract that involves terms for both goods and services; ...
Rose and Frank Co v Crompton Bros "To create contract there must be a common intention of the parties to enter into legal obligations, mutually communicated expressly or impliedly". RF made tissue (US), CB handled distribution in UK. Tried to negotiate new contract - ...
Rhone v Stephens [confirmed no power to enforce positive obligations, only negative] Ways to circumvent the common law rule on burdens - Chain of Indemnity Covenants. (so the person the benefit passes to can sue the original covenantor)- Halsall v Brizell - rule of "mutual benefit and ...
business or profession. Unfair if: A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the...