Date post: | 08-May-2015 |
Category: |
Law |
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PROMISSORY ESTOPPEL
MISLEADING ANDDECEPTIVE CONDUCT
UNCONSCIONABLECONDUCT
A promise from one party made to another party when the party making the promise knows that the person to whom the promise is being given will rely upon that prom-ise and the person who receives the promise acts upon the promise and the person who gave the promise backs out of promise because there is no legal contract
A statutory form of action that enables a person who relies upon a representation to rely upon it whether there is a contract or not in circum-stances when they relied upon the representation and in doing so su�ered loss
A statutory and quitable remedy that a person has against another who has caused them to enter into a contract in an manner that was extremely unjust and overwhelmingly onesided
For a fast and practical check on any of your contracts
Call Etienne Lawyers1300 882 032
etienneLAWYERS
in association with Davis King & Cowww.etiennelaw.com
DON’T RISK YOUR BUSINESSBE CLEAR ON WHEN YOU ARE BOUND BY A CONTRACT AND WHEN YOU ARE NOT!
DON’T RISK YOUR BUSINESSBE CLEAR ON WHEN YOU ARE BOUND BY A CONTRACT AND WHEN YOU ARE NOT!
CHECKLIST
WATCH OUT
WHO
WHATWhen are the goods/servic-es to be supplied and when are they to be paid for
HOWHow are the good/services to be supplied and paid for
CONSEQUENCESConsequences of good or poor performance
Who is supplying the goods/services and who is to pay for them
ACCEPTANCE the taking and receiving of anything with the intention of retain-ing it
BREACH OF CONTRACT when one party fails to uphold their end of the deal
CHATTEL article of personal property as distinguished from real property
CONDITION provision making the e�ect of a legal instrument contingent on the occurence of an uncer-tain future event
CONSENT act or result of coming into harmony or accord with another party
COVENANT legal term for promise
DAMAGES compensation or indemnity may be recov-ered in the courts
DEFAULT omission or failure to perform a legal or contractual duty
DUTIES all manner of taxes, charges or governmental impositions
OPTION the right to buy something for a �xed term, it may be sold, given away or transferred
REMEDY means by which a right is enforced or violation is prevented, redressed or compensated
TORT a legal wrong
WAIVER intentional or voluntary relinquishment of a known right
CONTRACTUAL TERMS