Discussion paper on moveable transactions (DP 151)
... Accretion of title. If X purportedly transfers a right to Y, but in fact X does not have that right, Y does not acquire it: nemo plus juris ad alium transferre potest quam ipse haberet. But if X thereafter acquires the right, then that right passes instantly and automatically to Y. This is called ac ...
... Accretion of title. If X purportedly transfers a right to Y, but in fact X does not have that right, Y does not acquire it: nemo plus juris ad alium transferre potest quam ipse haberet. But if X thereafter acquires the right, then that right passes instantly and automatically to Y. This is called ac ...
Development, Ownership and Licensing of Intellectual
... of a U.S. trade or business, this sale is exempt from tax, regardless of the sourcing rules. However, a foreign person’s fixed payment sale of intellectual property is effectively connected with the conduct of a trade or business in the United States and is taxed on a net basis, accounting for deduc ...
... of a U.S. trade or business, this sale is exempt from tax, regardless of the sourcing rules. However, a foreign person’s fixed payment sale of intellectual property is effectively connected with the conduct of a trade or business in the United States and is taxed on a net basis, accounting for deduc ...
This chapter was first published by IICLE Press.
... 2. [3.7] Real Estate Commissions Although the Frauds Act requires that any contract for the sale of land be in writing, it contains no such requirement with regard to real estate brokers’ contracts of employment or the commissions derived from them. A brokerage contract may be oral, and the law appl ...
... 2. [3.7] Real Estate Commissions Although the Frauds Act requires that any contract for the sale of land be in writing, it contains no such requirement with regard to real estate brokers’ contracts of employment or the commissions derived from them. A brokerage contract may be oral, and the law appl ...
Commercial Law Developments 2010
... Bank holding company’s agreement with FDIC to “take appropriate steps to ensure that the Bank complies” with a cease and desist order and to utilize “its financial and managerial resources to assist” the bank did not make the holding company a guarantor of the bank’s obligations to maintain specifie ...
... Bank holding company’s agreement with FDIC to “take appropriate steps to ensure that the Bank complies” with a cease and desist order and to utilize “its financial and managerial resources to assist” the bank did not make the holding company a guarantor of the bank’s obligations to maintain specifie ...
Which Terms Apply in the “Battle of the Forms”?
... conditions, although a copy of these was not supplied. In September 2003, Trebor issued a Purchase Order accepting ADT’s quotation. The Purchase Order stated that the contract was subject to Trebor’s standard terms and conditions which were “already supplied” and that additional copies were availabl ...
... conditions, although a copy of these was not supplied. In September 2003, Trebor issued a Purchase Order accepting ADT’s quotation. The Purchase Order stated that the contract was subject to Trebor’s standard terms and conditions which were “already supplied” and that additional copies were availabl ...
What Does Accepted for Value Mean?
... The Uniform Commercial Code in Article 3 that deals with negotiable instruments is one source of explanation. Article 8 deals with investment securities, and Article 9 deals with secured transactions. In addition to opinions written by judges to shed light on our remedies, all three of these article ...
... The Uniform Commercial Code in Article 3 that deals with negotiable instruments is one source of explanation. Article 8 deals with investment securities, and Article 9 deals with secured transactions. In addition to opinions written by judges to shed light on our remedies, all three of these article ...
1. Assignment – contract rights are assigned for value, occasionally
... Goods free from any security interest or other lien or encumbrance b. Warranty can be waived, excluded, or modified, only by specific language, or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such r ...
... Goods free from any security interest or other lien or encumbrance b. Warranty can be waived, excluded, or modified, only by specific language, or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such r ...
A New Repurchase Agreement for the PRC Inter-bank
... There will be a 12-month transition period for the PRC inter-bank market to adopt the New Agreement for all the repurchase transactions. The transition period commenced on 21 January 2013, the date of publication of the New Agreement. During the transition period, those who have not entered into the ...
... There will be a 12-month transition period for the PRC inter-bank market to adopt the New Agreement for all the repurchase transactions. The transition period commenced on 21 January 2013, the date of publication of the New Agreement. During the transition period, those who have not entered into the ...
An Overview of Wyoming Securities Law
... 1. See MARC I. STEINBERG, SECURITIES REGULATION 35 (3d ed. 1998); see, e.g., Wartzman v. Hightower Prod. Ltd., 456 A.2d 82, 89 (Md. Ct. Spec. App. 1983) (law firm that failed to prepare the required disclosure documents held liable for costs). ...
... 1. See MARC I. STEINBERG, SECURITIES REGULATION 35 (3d ed. 1998); see, e.g., Wartzman v. Hightower Prod. Ltd., 456 A.2d 82, 89 (Md. Ct. Spec. App. 1983) (law firm that failed to prepare the required disclosure documents held liable for costs). ...
I - Free Law School Outlines Professor Subject
... forebearance, or the creation, modification or destruction of a legal relation. The promise can be given to or by the other party or a third party. RSC §81 Consideration as Motive or Inducing Cause, p 209: If what is bargained for doesn’t induce the making of a promise doesn’t bar it from being cons ...
... forebearance, or the creation, modification or destruction of a legal relation. The promise can be given to or by the other party or a third party. RSC §81 Consideration as Motive or Inducing Cause, p 209: If what is bargained for doesn’t induce the making of a promise doesn’t bar it from being cons ...
sales and leases
... 1. Requires evidence of intent to make a contract UCC § 2-204(1) a. Any manner sufficient to show agreement i. Conduct or otherwise b. Shows the existence of a contract 2. Need not know the moment of the making of the contract UCC § 2-204(2) 3. Although terms are left open, contract does not fail fo ...
... 1. Requires evidence of intent to make a contract UCC § 2-204(1) a. Any manner sufficient to show agreement i. Conduct or otherwise b. Shows the existence of a contract 2. Need not know the moment of the making of the contract UCC § 2-204(2) 3. Although terms are left open, contract does not fail fo ...
Contract Law Through the Lens of Laissez-Faire
... believe if one were to take all the cases, and they are many, of implied warranties or covenants in law, it will be found that in all of them the law is raising an implication from the presumed intention of the parties with the object of giving the transaction such efficacy as both parties must have ...
... believe if one were to take all the cases, and they are many, of implied warranties or covenants in law, it will be found that in all of them the law is raising an implication from the presumed intention of the parties with the object of giving the transaction such efficacy as both parties must have ...
staff draft tentative report - New Jersey Law Revision Commission
... parties and legal entities. So long as these parties take the contract from the seller on a take-itor-leave-it basis in an open market, they are buyers within the meaning of this Act. The rationale for making no distinction between consumer and commercial parties is that this distinction is not germ ...
... parties and legal entities. So long as these parties take the contract from the seller on a take-itor-leave-it basis in an open market, they are buyers within the meaning of this Act. The rationale for making no distinction between consumer and commercial parties is that this distinction is not germ ...
the conclusion of the contract from the perspective
... such an offer produces no effect (art. 1191, paragraph 2 of The Civil Code). The matter that has been discussed in the past and that is also currently debated regards the offer without acceptance term. The new Civil Code establishes the fundamental doctrine solutions, distinguishing between the offe ...
... such an offer produces no effect (art. 1191, paragraph 2 of The Civil Code). The matter that has been discussed in the past and that is also currently debated regards the offer without acceptance term. The new Civil Code establishes the fundamental doctrine solutions, distinguishing between the offe ...
Phillips Contracts Winter 1997
... 1. Evidentiary - evidence d fact that promise was made and that K was entered into. 2. Cautionary - cautions actions about legal effects of words 3. Channeling - form enables parties that have a certain intent on how to proceed. Fiege v. Boehm: - forbearance as sufficient consideration Facts: Boehm ...
... 1. Evidentiary - evidence d fact that promise was made and that K was entered into. 2. Cautionary - cautions actions about legal effects of words 3. Channeling - form enables parties that have a certain intent on how to proceed. Fiege v. Boehm: - forbearance as sufficient consideration Facts: Boehm ...
Offer and Acceptance, and Some of the Resulting Legal Relations
... very frequently frequently use use the the term "unilateral" Courts very "unilateral" to refer to a promise promise that that is without without consideration, consideration, especially in those cases where mutual promises have been given, but one of them is illusory: as where A offers a promise to ...
... very frequently frequently use use the the term "unilateral" Courts very "unilateral" to refer to a promise promise that that is without without consideration, consideration, especially in those cases where mutual promises have been given, but one of them is illusory: as where A offers a promise to ...
Word - Washington University School of Law
... (ii) Right to terminate @ will without notice = lack of mutuality of obligation, and voids the contract for lack of consideration 1. UCC 2-309: termination by 1 party, except in the event of an agreed event happening to terminate agreement, requires reasonable notification of the other party, and an ...
... (ii) Right to terminate @ will without notice = lack of mutuality of obligation, and voids the contract for lack of consideration 1. UCC 2-309: termination by 1 party, except in the event of an agreed event happening to terminate agreement, requires reasonable notification of the other party, and an ...
Bylaws and Regulations
... -Law No. 26702 published 09.12.1996 -Law No. 27287 published 19.06.2000 -Law No. 27649 published 23.01.2002 - Law No. 28306 published 29.07.2004 - Law No. 28655 published 29.12.2005 - Legislative Decree No. 1061 published 28.06.2008 -Law No. 29638 published 24.12.2010 - Law No. 29660 published 04.02 ...
... -Law No. 26702 published 09.12.1996 -Law No. 27287 published 19.06.2000 -Law No. 27649 published 23.01.2002 - Law No. 28306 published 29.07.2004 - Law No. 28655 published 29.12.2005 - Legislative Decree No. 1061 published 28.06.2008 -Law No. 29638 published 24.12.2010 - Law No. 29660 published 04.02 ...
International Business Transactions_Lawrence (Spring 2007)
... § 2-207 (2)(b): contract can be formed under 2-207(1) even though the acceptance includes additional terms that materially alter the offer. neither term becomes part of the K because they are different Then can be filled in by UCC gap fillers Roto-Lith case: buyer sent offer-purchase order-to ...
... § 2-207 (2)(b): contract can be formed under 2-207(1) even though the acceptance includes additional terms that materially alter the offer. neither term becomes part of the K because they are different Then can be filled in by UCC gap fillers Roto-Lith case: buyer sent offer-purchase order-to ...
Contracts Outline - Free Law School Outlines Professor Subject
... 3. Commencing performance implies a promise to accept (§ 4) 4. Offer invites acceptance in any reasonable manner, unless otherwise indicated (§ 30.2) B. Offer and Counteroffer 1. Offeree’s power of acceptance terminates when counteroffer made 2. CL – mirror image rule – unless an acceptance reflects ...
... 3. Commencing performance implies a promise to accept (§ 4) 4. Offer invites acceptance in any reasonable manner, unless otherwise indicated (§ 30.2) B. Offer and Counteroffer 1. Offeree’s power of acceptance terminates when counteroffer made 2. CL – mirror image rule – unless an acceptance reflects ...
contracts review - NYU School of Law
... awarding money damages to be paid to the aggrieved promise, rather than specific, in the form of a court order directing the promisor to perform its promise. Err on the side of the plaintiff when there is uncertainty in calculating damages, Definiteness: When calculating damages, speculation should ...
... awarding money damages to be paid to the aggrieved promise, rather than specific, in the form of a court order directing the promisor to perform its promise. Err on the side of the plaintiff when there is uncertainty in calculating damages, Definiteness: When calculating damages, speculation should ...
LAWS2111-Notes-20131-1
... 1. Bank deposit made the offer more than mere puff in any reasonable persons objective opinion 2. Offer was made to the whole world and could be accepted by any person who performed the conditions 3. Reward type of offer so offeror dispensed notification 4. Enough restriction and certainty was given ...
... 1. Bank deposit made the offer more than mere puff in any reasonable persons objective opinion 2. Offer was made to the whole world and could be accepted by any person who performed the conditions 3. Reward type of offer so offeror dispensed notification 4. Enough restriction and certainty was given ...
CONSIDERATION DOCTRINE AND REGULATORY ARBITRAGE IN
... transfers we reviewed are the “sponsor” and “depositor” in the transaction, which are subsidiaries of the same investment bank. The sponsor is not claiming that it does not have to transfer the debt to the depositor. Instead, third parties (borrowers or parties with subsequently arising claims to th ...
... transfers we reviewed are the “sponsor” and “depositor” in the transaction, which are subsidiaries of the same investment bank. The sponsor is not claiming that it does not have to transfer the debt to the depositor. Instead, third parties (borrowers or parties with subsequently arising claims to th ...
Uniform Commercial Code
The Uniform Commercial Code (UCC), first published in 1952, is one of a number of uniform acts that have been promulgated to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.