Tag: Contract Law
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Infancy Doctrine
The Infancy Doctrine Hawai`s has long recognized the common law rule—referred to as “the infancy doctrine” or “the infancy law doctrine”— that contracts entered into by minors are voidable. See, e.g., Jellings v. Pioneer Mill Co., 30 Haw. 184 (1927); Zen v. Koon Chan, 27 Haw. 369 (1923); McCandless v. Lansing, 19 Haw. 474 (1909).…
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Consent Theory of Contract
Consent Theory of Contract Entitlement Theory and Contract: The Central Importance of Consent Entitlements as the Root of Contractual Obligation The function of an entitlements theory based on individual rights is to define the boundaries within which individuals may live, act, and pursue happiness free of the forcible interference of others. A theory of entitlements…
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Consent Theory of Contract
Consent Theory of Contract Entitlement Theory and Contract: The Central Importance of Consent Entitlements as the Root of Contractual Obligation The function of an entitlements theory based on individual rights is to define the boundaries within which individuals may live, act, and pursue happiness free of the forcible interference of others. A theory of entitlements…
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Undisclosed Agency
Undisclosed Agency in the United States Undisclosed Agency in Contract Law Theory Introduction The law of undisclosed agency concerns the following situation: UP’s agent A makes an agreement with T, but UP’s existence and identity are unknown to T. UP is called the ‘undisclosed principal.’ What are the legal relations among these three actors? Do…
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Undisclosed Agency
Undisclosed Agency in the United States Undisclosed Agency in Contract Law Theory Introduction The law of undisclosed agency concerns the following situation: UP’s agent A makes an agreement with T, but UP’s existence and identity are unknown to T. UP is called the ‘undisclosed principal.’ What are the legal relations among these three actors? Do…
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Federal Law
Federal Law in United States Federal Law The United States, like many other former British colonies, is a federal system predicated upon the dual sovereignty of the states/provinces on the one hand, and on the national soveriegn at another. Germany is also a federal system, however the […]
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Restatement
Restatement in the United States The Restatement and the UCC Explained References See Also Contracts Sources Contract Law
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Restatement
Restatement in the United States The Restatement and the UCC Explained References See Also Contracts Sources Contract Law
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Sources of Contract Law
Sources of Contract Law in the United States Sources of Contract Law: Main Elements The coverage of Sources of Contract Law includes the following main elements: Federal Law Find out an overview of this topic, in relation to Sources of Contract Law, in the legal Ecyclopedia. The Restatement […]
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Sources of Contract Law
Sources of Contract Law in the United States Sources of Contract Law: Main Elements The coverage of Sources of Contract Law includes the following main elements: Federal Law Find out an overview of this topic, in relation to Sources of Contract Law, in the legal Ecyclopedia. The Restatement […]
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Best Efforts
Best Efforts in the United States By Jonathan Pink, who is co-vice chair of the Intellectual Property Group at Lewis Brisbois Bisgaard & Smith, and is located in the firm’s Orange County (California) office. A best efforts clause must be one of the most misunderstood provisions to […]
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Inalienable
Inalienable in United States Inalienable Definition A word denoting the condition of those things the property in which cannot be lawfully transferred from one person to another. Public highways and rivers are inalienable. There are also many rights which are inalienable, as the rights of […]
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Promise
Promise in the United States Promise Definition An engagement by which the promisor contracts towards another for the performance of some act. 1 Denio (N. Y.) 226. We are in the habit of considering as the essential feature of contract a promise by one party to another, or by two parties to […]