Showing 433–444 of 498 resultsSorted by latest
This Skill Bit talks about illegality by statute, which occurs when specific laws explicitly prohibit or declare acts or contracts unlawful. This includes criminal offenses like theft or drug trafficking, regulatory violations such as operating without proper licenses, and breaches of consumer protection or labor laws. Such actions or agreements are void or unenforceable, preventing…
This Skill Bit talks about proportionality, which in law ensures that court or government actions are balanced and reasonable, aligning with legitimate objectives like public safety. Measures must be rational, necessary, and proportionate to their impact on individual rights, preventing excessive power use and promoting fairness globally. “Ex turpi causa,” meaning “from a wicked cause,”…
This Skill Bit talks about public policy, which in law reflects societal welfare and values, guiding the enforceability of contracts. Courts may void contracts violating public health, fundamental rights, fair competition, or involving fraud or exploitation. It evolves with societal changes, aiming to uphold justice and societal well-being by evaluating contracts’ fairness, legality, and social…
This Skill Bit talks about contracts, which can be unenforceable due to two types of illegality: common law (offending public policy, such as crimes or oppression) and statutory (prohibited by specific laws, like consumer protection). Jurisdictional laws on illegality vary. Contracts opposing public policy violate principles of justice, fairness, and safety and are typically unenforceable…
This Skill Bit shows, that when a contract is void, it’s treated as if it never existed, with parties restored to their original positions. This perspective ensures that the parties are returned to the status quo before the contract. In contrast, an unenforceable contract exists but cannot be enforced by the court due to issues…
This Skill Bit talks about how contracts can be void or voidable due to factors like misrepresentation, which makes a contract voidable, and mistakes (common, mutual, or unilateral), which can invalidate it. “Non est factum” applies when someone signs under a mistaken belief. Contracts become void if they involve illegality in purpose or performance. When…
This Skill Bit talks about “Non est factum”, which is a legal defense used when a person claims they should not be bound by a contract signed without fully understanding it, due to misrepresentation, lack of mental capacity, or coercion. The defense requires showing reasonable efforts to understand the document and proving the mistake wasn’t…
This Skill Bit talks about misrepresentation, which involves providing false or misleading information, distorting the truth intentionally or unintentionally. In contract law, it can invalidate agreements or lead to remedies for the injured party. Misrepresentation also occurs in advertising, where exaggerated product claims can mislead consumers, and in media, where biased reporting can shape public…
This Skill Bit talks about a valid contract, which requires five essential elements: an offer, acceptance, consideration, capacity, and intention. These elements must all be present for the contract to be enforceable, though specific requirements may vary by jurisdiction. Additionally, contracts can be voided by factors such as misrepresentation, mistakes (common, mutual, or unilateral), Non…
This Skill Bit talks about codification, which is the process of organizing laws into comprehensive written codes. It aims for legal clarity, accessibility, and consistency. Civil law heavily relies on codification, while common law primarily uses case law. Notaries in civil law systems are public officials who authenticate documents and provide legal advice. Their role…
This Skill Bit talks about how Pre-trial discovery allows parties to exchange information and evidence before trial. Tools include interrogatories, requests for production, depositions, and requests for admission. Discovery aims to promote fairness, settlement, and efficient trials. A subpoena is a court order compelling testimony or document production. Types include subpoena ad testificandum (testimony) and…
This Skill Bit talks about how Common law interprets contracts using methods like plain meaning, contextual analysis, contra proferentem, business efficacy, and officious bystander tests. The choice of method depends on the contract’s clarity and circumstances. The four corners rule confines contract interpretation to the document’s text, prioritizing objectivity over subjective intentions. While generally strict,…
