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LLB Notes: June 2013

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Handout Notes for BA-LLB, LLB and LLM students. Saturday, 22 June 2013. Applies to computer information. Software is not a “good” but intellectual property. Software is licensed, not sold;. License contract gives Buyer (Licensee) only specific rights. Attribution—process to ensure person sending an electronic record is in fact. 8220;E-Mailbox” Rules. Dispatched when leaves control of sender. Received when enters recipient’s processing system. Parties must agree to Conduct Transactions Electronically.

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LLB Notes: March 2013

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Handout Notes for BA-LLB, LLB and LLM students. Saturday, 30 March 2013. Contractual duties in a bilateral contract that are delegated to a 3. Duties That Cannot be Delegated. When special trust has been placed on the obligor. When performance requires personal skill or talents. When performance will vary materially from obligee expectations. When the contract expressly prohibits delegation. Effect of a Delegation. Assignment of “All Rights”. Assignment of rights and a delegation of duties. Incidental be...

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LLB Notes: July 2013

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Handout Notes for BA-LLB, LLB and LLM students. Friday, 19 July 2013. Installment Contracts can be rejected if:. Installment is substantially non-conforming and can’t be cured. Non-conforming installment substantially impairs the entire contract. If no fault of either party and it occurs ,. Before risk passes to Buyer then,. Both Seller and Buyer are excused from performance. Sometimes unforeseen event only partially affects Seller’s capacity to perform. Buyer has the right to reject. Links to this post.

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LLB Notes: Exceptions to Minor’s Right to Disaffirm

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Handout Notes for BA-LLB, LLB and LLM students. Friday, 22 March 2013. Exceptions to Minor’s Right to Disaffirm. Exceptions to Minor’s Right to Disaffirm. Generally, minor can disaffirm the contract. But some states prohibit disaffirmance and hold the minor liable. Contracts for food, clothing, shelter may be disaffirmed by minor is liable for reasonable value of goods or services. Not viewed as necessaries, so minor can disaffirm contract and recover all premiums paid. Seldom considered to be necessaries.

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LLB Notes: Collective Bargaining and Strikes

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Handout Notes for BA-LLB, LLB and LLM students. Sunday, 9 February 2014. Collective Bargaining and Strikes. Collective bargaining is the process by which management and labor negotiate the terms and conditions of employment. The NLRB will certify an exclusive bargaining agent for labor. Both labor and management must bargain in good faith, but the law does not require that they reach an agreement. There are two basic forms of strikes:. These are strikes over wages. Unfair Labor Practice Strikes. Strict L...

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LLB Notes: Rescission and Restitution

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Handout Notes for BA-LLB, LLB and LLM students. Saturday, 22 June 2013. A remedy whereby a contract is canceled and the parties are restored to the original positions that they occupied prior to the transactions. Both parties must return goods, property, or money previously conveyed. Rescission does not always call for restitution. Restitution is called for in some cases not involving rescission. Labels: Contracts: Breach of Contract and Remedies. Subscribe to: Post Comments (Atom). Torts and Cyber Torts.

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LLB Notes: Minor’s Obligation on Disaffirmance

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Handout Notes for BA-LLB, LLB and LLM students. Friday, 22 March 2013. Minor’s Obligation on Disaffirmance. Minor’s Obligation on Disaffirmance. In most states, minor need only return the the goods (or other consideration) subject to the contract, provide the goods are in the minor’s possession or control. In increasing number of states, the minor must restore the adult to the position held before the contract was made. Dodson v. Shrader. Labels: Contracts: Capacity and Legality. Labor and Employment Law.

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LLB Notes: April 2013

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Handout Notes for BA-LLB, LLB and LLM students. Friday, 5 April 2013. Discharge by Performance and Types. The contract comes to an end when both parties fulfill their respective duties by performing the acts they have promised. Substantial Performance (minor breach). Performance to the Satisfaction of One of the Parties or a Third Party. Jacobs & Young v. Kent. Labels: Contracts: Performance and Discharge. Conditions and Types of Conditions. Labels: Contracts: Performance and Discharge. Intellectual Prop...

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LLB Notes: Adhesion contracts and Unconscionability

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Handout Notes for BA-LLB, LLB and LLM students. Friday, 22 March 2013. Adhesion contracts and Unconscionability. Adhesion contracts and Unconscionability. Preprinted contract in which the adhering party has no opportunity to negotiate the terms of the contract. One sided bargains in which one party has substantially superior bargaining power and can dictate the terms of the contract. 8220;Standard-form.”. 8220;Take-it-or-leave-it” adhesion contracts. Labels: Contracts: Genuineness of Assent. Exceptions t...