Book Title
10th Edition
ISBN: 9781337605656
Author: CROSS
Publisher: CENGAGE L
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Chapter 12, Problem 3CT
Summary Introduction
Case summary:Company N manufactures and sells athletic footwear which includes its lines of the shoes AF. Company A is a limited liability company that produces and markets athletic footwear that includes the line of shoes, S and SB. Company N filed a case against company A in federal district court for the violation of the trademark of product AF. Company A filed a counterclaim against N stating that the trademark of product AF was invalid. N issued a contract of covenant agreement. N vowed that it would not raise any claim against the company A for colorable imitation. Later on, N filed a motion for dismissal of his own claims and the counterclaims of A.
To f ind :The contracts that are similar to covenants not to sue.
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1. “Section 10 of Contract Act 1950 mentioned that all agreements are contracts if they are
made by the free consent of parties”. Based on the section, discuss TWO (2) examples
of voidable contract.
Note: need simple introduction and conclusion.
Impossibilty of performance is , as a rule not an excuse for non - performance of a contract . Discuss .
The following situations generally require a contract to be in writing:
• sales of land
• purchases of goods over $500
• promises made in consideration of marriage
⚫ contracts that cannot be completed in less than one year
•
a contract in which one person promises to pay the debt of
another person
This legal concept is known as
offer and acceptance
promissory estoppel
the statute of frauds
et lux perpetua luceat eis
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- . How does the concept of time of the essence impact contract performance?arrow_forwardBUSINESS LAW EXPERT PLS ATTAIN THIS 1. An offer to contract was made to you by email. You decided to accept that offer and replied by email stating your acceptance. When is the acceptance validly communicated? 2. P entered into a 10-year lease of a warehouse. Thereafter, the local authority closed the only street access to the warehouse because of a dangerous building. The street was to be re-opened after the dangerous building was demolished. Discuss whether P could refuse to pay rent and have the contract set aside on the basis of frustration.arrow_forwardConditions precedent Multiple Choice Render a contract frustrated Render a contract void at the option of the injured party Must occur before a contract can be cancelled Must occur before a contract is enforceable Render a contract void immediatelyarrow_forward
- Discuss the 3 three types of legal impossibility in respect to contracts.arrow_forward3. A contract is a written, spoken or tacit (understood) agreementbetween two or more people, which is intended to be enforceable bylaw. Name FIVE elements of a contract that you should include for yourbusiness.arrow_forwardWrite about the nature or features of Quasi - contract .arrow_forward
- 13. What does it mean to say that a contract term is ambiguous? It means that the term was added unilaterally at some time during the life of the contract It means that the term is vague and subject to multiple, reasonable interpretations It means that its performance will greatly disadvantage one of the parties.arrow_forwardDiscuss the legal implications of illegality in terminating a contract..arrow_forwardSet out the differences between essentialia, naturalia and incidentialia comprised in a contract. with examples.arrow_forward
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