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A real estate contract typically does not convey or transfer ownership of real estate by itself. A different document called a deed is used to convey real estate. In a real estate contract, the type of deed to be used to convey the real estate may be specified, such as a warranty deed or a quitclaim deed. If a deed type is not specifically ...
Thus an obligation encompasses both sides of the equation, both the obligor's duty to render prestation and the obligee's right to receive prestation. It differs from the common-law concept of obligation which only encompasses the duty aspect. Every obligation has four essential requisites otherwise known as the elements of obligation. They are:
The Bremen v. Zapata Off-Shore Company, forum selection clauses; Charles River Bridge v. Warren Bridge, on the Constitution's Contract Clause; Marquez v. Screen Actors Guild Inc., on the validity of union shop contracts; Salazar v. Ramah Navajo Chapter, 567 U.S. ___ (2012) the US government's obligation to honor contracts with Native Americans.
Rather than operating automatically or following a court's order, Article 8.3 provides that set-off may only be exercised by notice to the other party; furthermore, Article 8.4 further provides that if the notice does not specify the obligations to which it relates, the other party may do so by way of a declaration made within a reasonable time ...
The promisor must have expressly or impliedly requested about the main contract and his promissory statement must have intended to induce the entry of the other party into the main contract. [4] According to Lord Denning MR , a collateral contract is held binding "when a person gives a promise, or an assurance to another, intending that he ...
Accord and satisfaction is a contract law concept about the purchase of the release from a debt obligation. It is one of the methods by which parties to a contract may terminate their agreement. The release is completed by the transfer of valuable consideration that must not be the actual performance of the obligation itself. [1]
However, an assignment of a contract containing such a clause will be ineffective if the assignee knows of the non-assignment clause, or if the non-assignment clause specifies that "all assignments are void". Two other techniques to prevent the assignment of contracts are rescission clauses or clauses creating a condition subsequent. The former ...
A pledge of real property which allowed the use and occupation of the pledged property, in lieu of interest on the loan, used to be called an antichresis, but contemporary law of most civil law jurisdictions only allows hypothec as the sole security interest applicable to real estate and (in some cases) marine vessels (ship hypothec), while ...