What is Assumpsit?
Assumpsit (Contract) – Explained
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Performing a Contract
What is the duty of performance?Under a contract, each party has a duty to undertake (or refrain from undertaking) some activity. This is known as the duty of performance. Basically, it is what each party seeks from the other party. Example: Clarence enters into a...
Breach of Contract and Defenses
What is breach of contract?As previously stated, if any party fails to perform (completely or substantially) or fails to find an excuse to the obligations in the contract, then there is a breach. A breach may include inaction, incomplete action, or the wrong action by...
Torts – Civil Actions Explained
What is a Tort?A tort, in the legal context, means a wrong. More specifically, it is a civil wrong, as opposed to a breach of contract or other civil action. Note: Individuals may be liable in tort for their own conduct and for the conduct of others....
Absolute Privilege – Explained
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Contract Warranties – Explained
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Defenses Against a Contract
Understanding the enforceability of a contract requires one to understand certain vocabulary that characterizes the contract.What is an enforceable and a valid contract?An enforceable contract is one that courts will order parties to perform or to pay consequences for...
Contracts that Must Be in Writing
Do all contracts have to be in writing to be enforceable?No. Only certain contracts must be in writing to be enforceable. These contracts are required to be in writing pursuant to a doctrine known as the statute of frauds. Note: As the name implies, the purpose behind...
Contracts and the Rights or Duties of Outsiders
Do third parties have any right to enforcement a contract to which they are not parties?A third party may enforce a contract in which she has rights. She only has rights in a contract if the parties to the contract intend to benefit the third party at the time of...