By Martin A. Frey
A methodical and cohesive publication, "Introduction to Contracts and Restitution" offers a highway map method of the principles of contracts of legislation together with forming a freelance, enforcement of the agreement, and breach of the enforceable agreement. each one bankruptcy develops the next move within the street map, and the foundations of legislations awarded are mentioned conceptually, with examples and routines. The statements of the legislations are exact and up to date with using glossy agreement terminology. Easy-to-read, this ebook is helping paralegals turn into powerful participants of the criminal crew.
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Publication Date: may possibly 2, 2013
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Additional info for An introduction to the law of contracts
Step Three: Contract Enforceability Once a contract is formed, the next step is determining whether the contract is enforceable. , the parties’ power to create their own contract terms and structure their relationship as they choose) to the governmental regulation of contract. A number of policy considerations, resulting in legislative enactment or judicial decision, may preclude enforcement of the contract. These policy grounds may be grouped into three categories. , illegality and inappropriate forum selection).
See, 5 Encyclopedia of Georgia Law, Conflict of Laws, §§ 27, 11; Restatement (Second) of Conflict of Laws, § 187 (1971). Cf. Nasco v. Gimbert, 239 Ga. 2d 368 (1977). In the case at bar, paragraph 9 of the January contract provides that the agreement shall be governed by the laws of Florida. The issues of fraud and duress, however, relate to the validity of the contract as a result of alleged pre-contract misrepresentations, and are matters outside the contract. Furthermore, contracts procured by fraud and/or duress are contrary to the fundamental policy of the state of Georgia, as is a damages provision in a contract which purports to be liquidated damages, but instead is a penalty to deter a person from 25 26 CHAPTER 1 breaching the contract.
If none of these events has occurred, the attempted acceptance of the offer is effective, and a contract is formed. Step Three: Contract Enforceability Once a contract is formed, the next step is determining whether the contract is enforceable. , the parties’ power to create their own contract terms and structure their relationship as they choose) to the governmental regulation of contract. A number of policy considerations, resulting in legislative enactment or judicial decision, may preclude enforcement of the contract.
An introduction to the law of contracts by Martin A. Frey