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Duress Undue Influence And Unconscionable Dealing First Supplement
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Book Synopsis Duress, Undue Influence and Unconscionable Dealing. First Supplement by : Professor Nelson Enonchong
Download or read book Duress, Undue Influence and Unconscionable Dealing. First Supplement written by Professor Nelson Enonchong and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Duress, Undue Influence and Unconscionable Dealing by : Nelson Enonchong
Download or read book Duress, Undue Influence and Unconscionable Dealing written by Nelson Enonchong and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Duress, Undue, Influence and Unconscionable Dealing are grounds on which a contract can be set aside because the claimant was induced to enter into it by means which the law considers unacceptable. Professor Enonchong provides a detailed and rigorous analysis of the circumstances where an otherwise valid transaction can be avoided on each of these grounds. Duress : Duress is a common law doctrine under which a contract may be avoided where the complainant was induced to enter into it by illegitimate pressure, such as a threat of physical violence, a threat to seize or damage property or economic pressure. Undue Influence : There are two doctrines of undue influence: the equitable doctrine of undue influence is concerned with lifetime transactions (such as contracts), while the probate doctrine of undue influence is concerned with wills. The equitable doctrine of undue influence deals with cases where one person has acquired influence over another, and the ascendant person abuses that influence to induce the other person to enter into a lifetime transaction. It includes an evidential presumption of undue influence in certain cases. Probate undue influence applies in relation to wills. It allows the court to refuse to admit a will to probate where the testator was induced to sign the will by the exercise of undue influence. Unlike equitable undue influence, probate undue influence does not include an evidential presumption of undue influence. Abuse of Confidence : The book also discusses the equitable doctrine of abuse of confidence, which is sometimes confused with, but is different from, the equitable doctrine of undue influence. The doctrine of abuse of confidence is concerned to protect a person (the principal) who has placed confidence in another person (the fiduciary) from abuse of that confidence in any transaction between the fiduciary and the principal (as where a solicitor buys property from his client). Unconscionable dealing : Unconscionable dealing or unconscionable bargains is an equitable doctrine that provides protection to weaker parties in certain situations. The court will intervene on this ground to set aside a contract where, at the time of the contract: one party was suffering from some serious disadvantage, such as poverty, ignorance, illness, or otherwise, so that the circumstances existed of which unfair advantage could be taken; that weakness was exploited by the other party ("the stronger party") in a morally reprehensible manner; and the resulting transaction is extremely one-sided in favour of the stronger party" -- Publisher's website.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Contractual Duties by : Andrew Tettenborn
Download or read book Contractual Duties written by Andrew Tettenborn and published by . This book was released on 2012 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title offers a high level analysis of the law relating to the termination of contracts. It offers new and authoritative insights into how to proceed when contracts are beached or break down.
Book Synopsis Frustration and Force Majeure by : G. H. Treitel
Download or read book Frustration and Force Majeure written by G. H. Treitel and published by . This book was released on 1994-01-01 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a thorough examination of the principles governing the conflict between the sanctity of contract and the discharge of contractual obligations in response to supervening events. The author guides the reader through a list of supervening events which may be encountered in any commercial transaction, setting out the statutory principles involved, together with judicial interpretations from a number of Common Law jurisdictions.
Book Synopsis Selections from the Restatement (Second) Contracts and Uniform Commercial Code for First-Year Contracts 2023 Supplement by : Tracey E. George
Download or read book Selections from the Restatement (Second) Contracts and Uniform Commercial Code for First-Year Contracts 2023 Supplement written by Tracey E. George and published by Aspen Publishing. This book was released on 2023-08-12 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: An invaluable supplement to any contracts law casebook (including the authors’ own K: A Common Law Approach to Contracts), this concise statutory supplement provides the materials necessary to keep your first-year contracts course completely up-to-date. Inside you will find the materials necessary to learn how to use the most important sources of law (other than the judicial opinions which fill your casebook): the Restatement (Second) of Contracts and the principal commercial statute—the Uniform Commercial Code—as part of the foundation course in contracts. The authors’ careful selection of sections and the judicious inclusion of comments and illustrations from the Restatement (Second) and the Uniform Commercial Code ensures students have access to resources which add helpful depth to the “black letter law” and avoids overwhelming students with dense and unnecessary detail. This statutory supplement aids students in the task of learning the essentials of contract law. Highlights of the 2023 Edition: Includes Article 1 and 2 sections as amended by the American Law Institute and the Uniform Law Commission in 2022 to respond to emerging technologies. Article 1 includes a preface detailing the revision process and key changes to the UCC. In Article 1, definitions (§1-201), “conspicuous” (10) is condensed, “electronic” (16A) is added, “money” (24) is clarified, and send (26) and sign (37) are updated. Article 2’s scope provision (§2-102) expressly adopts the “predominant factor” test of “hybrid transactions,” which is now defined (§2-106(5)). Numerous sections (§2-201, §2-202, §2-203, §2-205, and §2-209) are modernized by replacing or supplementing “writing” with the broader “record”.
Book Synopsis Selections from the Restatement (Second) Contracts and Uniform Commercial Code for First-Year Contracts by : Tracey E. George
Download or read book Selections from the Restatement (Second) Contracts and Uniform Commercial Code for First-Year Contracts written by Tracey E. George and published by Aspen Publishing. This book was released on 2022-06-06 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: An invaluable supplement to any contracts law casebook (including the authors’ own K: A Common Law Approach to Contracts), this concise statutory supplement provides the materials necessary to keep your first-year contracts course completely up-to-date. Inside you will find the materials necessary to learn how to use the most important sources of law (other than the judicial opinions which fill your casebook): the Restatement (Second) of Contracts and the principal commercial statute—the Uniform Commercial Code—as part of the foundation course in contracts. The authors have carefully selected sections from: The Restatement (Second) of Contracts Uniform Commercial Code Article 1 Uniform Commercial Code Article 2 The judicious inclusion of comments and illustrations from the Restatement (Second) and the Uniform Commercial Code ensures students have access to resources which add helpful depth to the “black letter law” and avoids overwhelming students with dense and unnecessary detail. This statutory supplement aids students in the task of learning the essentials of contract law.
Book Synopsis Duress, Undue Influence and Unconscionable Dealing by : Nelson Enonchong
Download or read book Duress, Undue Influence and Unconscionable Dealing written by Nelson Enonchong and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Misrepresentation, Mistake and Non-disclosure by : John Cartwright
Download or read book Misrepresentation, Mistake and Non-disclosure written by John Cartwright and published by Sweet & Maxwell. This book was released on 2012 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fully explains the role of Misrepresentation in Contract Law. It further expands on the role of Mistake and Non-disclosure in a contractual dispute and formally comments on the general duties of negotiating parties.
Book Synopsis Selections from the Restatement (Second) Contracts and Uniform Commercial Code for First-Year Contracts 2024 Supplement by : Tracey E. George
Download or read book Selections from the Restatement (Second) Contracts and Uniform Commercial Code for First-Year Contracts 2024 Supplement written by Tracey E. George and published by Aspen Publishing. This book was released on 2024-07-15 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: An invaluable supplement to any contracts law casebook (including the authors’ own K: A Common Law Approach to Contracts), this concise statutory supplement provides the materials necessary to keep your first-year contracts course completely up-to-date. Inside you will find the materials necessary to learn how to use the most important sources of law (other than the judicial opinions which fill your casebook): the Restatement (Second) of Contracts and the principal commercial statute—the Uniform Commercial Code—as part of the foundation course in contracts. The authors’ careful selection of sections and the judicious inclusion of comments and illustrations from the Restatement (Second) and the Uniform Commercial Code ensures students have access to resources which add helpful depth to the “black letter law” and avoids overwhelming students with dense and unnecessary detail. This statutory supplement aids students in the task of learning the essentials of contract law. Highlights of the 2024 Edition: Includes Article 1 and 2 sections as amended by the American Law Institute and the Uniform Law Commission in 2022 to respond to emerging technologies, including artificial intelligence, blockchain, and digital currencies. Provides an update on state legislative actions in response to the amendments. Article 1 includes an updated preface detailing the revision process and key changes to the UCC. Article 1 was substantially revised to change fundamental concepts that are present throughout the code (§1-201. “Definitions”). The supplement includes those revisions that are most relevant to first-year contracts: “conspicuous” (10) is condensed, “electronic” (16A) is added, “money” (24) is clarified, and send (26) and sign (37) are updated. Article 2’s scope provision (§2-102) expressly adopts the “predominant factor” test of “mixed” or “hybrid” transactions that involve both goods and services (§2-106(5)). Numerous sections (§2-201, §2-202, §2-203, §2-205, and §2-209) are modernized by to account for electronic signatures and digital documents.
Book Synopsis Chinese Contract Law by : Larry A. DiMatteo
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Book Synopsis Contract Law Minimalism by : Jonathan Morgan
Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Author :Study Group on a European Civil Code Publisher :sellier. european law publ. ISBN 13 :3866530595 Total Pages :406 pages Book Rating :4.8/5 (665 download)
Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code
Download or read book Principles, Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Download or read book West's New York Supplement written by and published by . This book was released on 1997 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Good Faith in English Law by : J. F. O'Connor
Download or read book Good Faith in English Law written by J. F. O'Connor and published by Dartmouth Publishing Company. This book was released on 1990 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Estoppel by Conduct and Election by : K. R. Handley
Download or read book Estoppel by Conduct and Election written by K. R. Handley and published by . This book was released on 2013 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Structuring Commercial Real Estate Workouts by : W. Wade Berryhill
Download or read book Structuring Commercial Real Estate Workouts written by W. Wade Berryhill and published by Wolters Kluwer. This book was released on 1999-12-01 with total page 1489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Structuring Commercial Real Estate Workouts: Alternatives to Bankruptcy and Foreclosure, Second Edition presents a concise introduction to the legal and business considerations involved in real estate loan workouts. It is designed to aid lenders, borrowers and their legal counsel in confronting the variety of issues encountered in working out an acceptable solution to the dilemma posed by a loan in default. The parties associated with a defaulting loan face a number of potential pitfalls, ranging from imminent insolvency of the borrower (and the diminution in value or loss of a lender's security interest) to draconian penalties incurred through liability for environmental hazards present on the property. Structuring Commercial Real Estate Workouts introduces the varied issues, discusses the limitations and advantages of foreclosure and other remedies, and presents suggestions for guiding potential alternative courses of action. The Second Edition features extensive coverage of environmental liabilities that may arise under federal statutes and regulations such as RCRA and CERCLA and how lenders can avoid or minimize these liabilities. A new chapter has been added on the state mini-RCRAs and CERCLAs, necessitated by the growing importance of state environmental laws to real estate financing. A detailed discussion is presented on the laws and programs that have been developed to minimize lender liability at andquot;brownfieldsandquot; sites in urban areas. Excellent coverage is provided for such key areas as prepackaged plans, single asset real estate cases, cash collateral and adequate protection, deeds in lieu of foreclosure and dealing with guarantors and other sureties.
