Contracts



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When Contracts Go Postal

No Obligation without Acceptance In general, a contract is not formed until there is communication of acceptance. Carmichael v. Bank of Montreal (1972), established that the offerer must be available to receive the acceptance for…


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Some Tender Loving Care

A Contract Mind Meld We previously mentioned our friend, the reasonable person, when determining intentions of parties entering a contract. Intentions are important because they are required for mutual consent when entering legal relations. Both…


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Puffing on the Carbolic Smoke Ball

The case of the Carbolic Smoke Ball is perhaps the most famous contract case of all time, demonstrating some important fundamentals. In Leonard v. Pepsico, Inc., 88 F.Supp.2d 116 (1996), Wood J. stated, Long a…


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Divisions among Private Law

Private Law can be divided into property and obligations. The latter is further divided into contracts, torts, and unjust enrichment (restitution). The bulk of first-year courses (property, contracts and torts), are therefore comprised primarily of…