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It is therefore imperative that contracts are created to be as durable as possible so parties are unable to find legal ‘loopholes’ and use their power, wealth, ignorance or cultural differences in setting contracts aside. Following these descriptions is a list of ways on which contracts can be made more durable.
Mistake of law is when a party enters into a contract without the knowledge of the law in the country. The contract is affected by such mistakes, but it is not void. The reason here is that ignorance of law is not an excuse. However, if a party is induced to enter into a contract by the mistake of law then such a contract is not valid. [3]
The doctrine of impracticability in the common law of contracts excuses performance of a duty, where the said duty has become unfeasibly difficult or expensive for the party who was to perform. Impracticability is similar in some respects to the doctrine of impossibility because it is triggered by the occurrence of a condition which prevents ...
MA Chirelstein, Concepts and Case Analysis in the Law of Contracts (6th edn 2010) EA Farnsworth, Contracts (2008) LL Fuller, MA Eisenberg and MP Gergen Basic Contract Law (9th edn 2013) CL Knapp, NM Crystal and HG Prince, Problems in Contract Law: Cases and Materials (7th edn Aspen 2012) Books. OW Holmes, The Common Law (1890) chs 7-9
Silicon Valley Bank's deposits were backstopped by the government over the weekend, a move made possible by a narrow legal exception inside a 32-year-old banking law.
Only if both contract parties have the legal capacity to sign a contract, contracts are only enforceable. Some contracts are classified by common law as illegal and unenforceable: ——Criminal or tortious contracts [39] ——Contracts to promote corruption in public office [40] ——Contracts intended to avoid paying taxes [41]
WGA leaders met face-to-face with key CEOs on Tuesday evening as executives sought to pitch the guild on their most recent contract offer in the hopes of ending the nearly four-month-old strike.
In this clause, there would usually be language indicating that the parties' understanding of the other provisions of the contract are contained within the four corners of the same. Many modern contracts have taken it further to state that the entire agreement is contained within the agreement and that the agreement supersedes all prior ...