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Topic: Mistake (contract law)


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In the News (Fri 11 Dec 09)

  
  Encyclopedia :: encyclopedia : Contract   (Site not responding. Last check: 2007-10-12)
The law of obligations has traditionally been divided into contractual obligations, which are voluntarily undertaken and owed to a specific person or persons, and obligations in tort which are based on the wrongful infliction of harm to certain protected interests, primarily imposed by the law, and typically owed to a wider class of persons.
A contract which is implied in law is also called a quasi-contract, because it is not in fact a contract; rather, it is a means for the courts to remedy situations in which one party would be unjustly enriched were he or she not required to compensate the other.
Contract theory is the body of legal theory that addresses normative and conceptual questions in contract law.
www.hallencyclopedia.com /Contract   (3980 words)

  
 Learn more about Contract in the online encyclopedia.   (Site not responding. Last check: 2007-10-12)
Typically, the remedy for breach of contract is an award of money damages intended to restore the injured party to the economic position that he or she expected from performance of the promise or promises (known as an "expectation measure" of damages).
This manifestaion of assent theory of contract formation may be contrasted with older theories, in which it was sometimes argued that a contract required the parties to have a true meeting of the minds between the parties.
Under the "meeting of the minds" theory of contract, a party could resist a claim of breach by proving that although it may have appeared objectively that he intended to be bound by the agreement, he had never truly intended to be bound.
www.onlineencyclopedia.org /c/co/contract.html   (1863 words)

  
 CATHOLIC ENCYCLOPEDIA: Contract
Some have maintained that such a law is binding in the internal as well as in the external forum, so that a formal contract, destitute of the formalities required by law, is null and void in conscience as it is in law.
Mistake about the mere quality of the subject-matter of the contract is accidental, not substantial, and in spite of it there may be substantial agreement between the parties.
Contracts, then, entered into because of accidental mistake which was induced by the fraud or misrepresentation of the other party, will be rescindable at the option of the party deceived.
www.newadvent.org /cathen/04332a.htm   (3659 words)

  
 0.9.1: The Contract: Purchase Agreement, Shareholders Agreement, And Rights Of First Refusal - Encyclopedia - Library - ...
In a structured venture financing, the contract between issuer and investor is, or should be, detailed, covering a number of issues which otherwise may be the subject of future disputes and misunderstandings.
For example, a contract, like a story, should start with an introductory paragraph or two, which will set the stage and explain what the draftsman is trying to accomplish.
Securities law issues include the question whether the receipt of contingent stock involves a new investment decision and, therefore, the need for separate registration (or an exemption) and the appropriate holding period under Rule 144 for nonaffiliates vis-à-vis the contingent stock.
vcexperts.com /vce/library/encyclopedia/documents_view.asp?document_id=84   (2719 words)

  
 Natural Law [Internet Encyclopedia of Philosophy]
The second thesis constituting the core of natural law moral theory is the claim that standards of morality are in some sense derived from, or entailed by, the nature of the world and the nature of human beings.
Though there are different versions of natural law theory, all subscribe to the thesis that there are at least some laws that depend for their "authority" not on some pre-existing human convention, but on the logical relationship in which they stand to moral standards.
Accordingly, an unjust law can be legally valid, but it cannot provide an adequate justification for use of the state coercive power and is hence not obligatory in the fullest sense; thus, an unjust law fails to realize the moral ideals implicit in the concept of law.
www.iep.utm.edu /n/natlaw.htm   (5769 words)

  
 Contract - Voyager, the free encyclopedia   (Site not responding. Last check: 2007-10-12)
Courts in the United States have generally ruled that if the parties have a meeting of the minds (i.e., the same intent), consideration is paid or given by the parties, and they act as though there was a formal, written and signed contract, then a contract exists.
Statutes of Frauds are typically codified in state statutes covering specific types of contracts, such as contracts for the sale of real estate.
For example, a contract is void if it is based on an illegal purpose or contrary to public policy; the classic example is a contract with a hit man.
www.voyager.in /Contract   (4031 words)

  
 downloadable publications
Studies in Contract Law (6th edition, Foundation Press, 2003) (with Edward J. Murphy and Richard E. Speidel).
The Employment Contract, 8 Kansas Journal of Law and Public Policy 71 (1999) (with Stewart Schwab).
Mutual and Unilateral Mistake in Contract Law, 22 Journal of Legal Studies 309 (1993) (with Eric Rasmusen).
islandia.law.yale.edu /ayers/indexchron.htm   (3271 words)

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