Search results
Results from the WOW.Com Content Network
In the former case the question is "what did the parties intend by the words used in the agreement which they made": in the latter, the questions are (i) "was there an proposal (or "offer") made by one party which was capable of being accepted by the other" and, if so, (ii) "was that proposal accepted by the party to whom it was made". [32]
[1] [2] One person for any variety of possible reasons will have more power in the relationship. One of the ways Waller proposed for this uneven balance was the Principle of Least Interest. In a relationship with uneven power distribution, one of the partners gets more out of a relationship, be it emotionally, physically, or monetarily than the ...
The law presumes that in certain classes of special relationship, such as between parent and child, or solicitor and client, there will be a special risk of one party unduly influencing their conduct and motives for contracting. As an equitable doctrine, the court has the discretion to vitiate such a contract.
The concept of inequality of bargaining power was long recognised, particularly with regard to workers. In the Wealth of Nations Adam Smith wrote, . It is not, however, difficult to foresee which of the two parties must, upon all ordinary occasions, have the advantage in the dispute, and force the other into a compliance with their terms.
A relationship becomes 'toxic' when your emotional, physical, or psychological well-being becomes threatened in one way or another, says sex and relationship therapist Rachel Wright, M.A., L.M.F.T ...
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, [a] a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it ...
Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience.
He proposes that the highest or best form of friendship involves a relationship between equals – one in which a genuinely reciprocal relationship is possible. This thread appears throughout the history of Western ethics in discussions of personal and social relationships of many sorts: between children and parents, spouses, humans and other ...