Showing 1297–1308 of 1429 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 the 20th century, which witnessed a transformative evolution in contract law, with a surge in consumer protection measures and international legal harmonization. Consumer protection laws curtailed unfair terms and deceptive practices, safeguarding consumers from exploitation. Simultaneously, international trade saw the emergence of uniform frameworks like the CISG and UNIDROIT Principles,…
This Skill Bit shows that custom and practice are pivotal in interpreting and applying laws, notably in contract and labor law. These unwritten norms fill gaps in agreements, aid in interpreting ambiguous terms, and guide dispute resolution. Legal recognition depends on notoriety, reasonableness, and consistency. While beneficial, they pose challenges like disputes over applicability and…
This Skill Bit talks about how good faith, a fundamental principle in both civil and common law, guides parties’ conduct in legal contexts, ensuring honesty, fairness, and sincerity. In contract law, it influences negotiation, formation, performance, and enforcement stages, fostering ethical and equitable transactions. While civil law explicitly codifies good faith, common law increasingly acknowledges…
