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If a representation has been incorporated into the contract as a term, [5] then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has become a term include: The relative expertise of the parties. [6] [7] The reliance that one party has shown on the statement. [8] The reassurances given by ...
For this reason, many social philosophers have considered coercion as the polar opposite to freedom. [10] Various forms of coercion are distinguished: first on the basis of the kind of injury threatened, second according to its aims and scope , and finally according to its effects , from which its legal, social, and ethical implications mostly ...
An example is when a tortfeasor offers to sell a property to someone below market value knowing they were in the final stages of a sale with a third party pending the upcoming settlement date to formalize the sale writing. Such conduct is termed "tortious interference with a business expectancy".
Uberrima fides is strictly limited in English law to the formation of the insurance contract. [5] During the mid-20th century, American courts expanded it much farther into a post-formation implied covenant of good faith and fair dealing. Violation of that implied covenant came to be seen as a tort, now known as insurance bad faith. [5]
An example of this is the insurance contract mentioned above, which is a good example of an adhesion contract. There, the insurance company is the party completely in control of the terms of the contract and is generally in a better position, for example, to avoid contractual forfeiture.
The term paradox is often used to describe a counter-intuitive result. However, some of these paradoxes qualify to fit into the mainstream viewpoint of a paradox, which is a self-contradictory result gained even while properly applying accepted ways of reasoning .
Compellence is a form of coercion that attempts to get an actor (such as a state) to change its behavior through threats to use force or the actual use of limited force. [1] [2] [3] Compellence can be more clearly described as "a political-diplomatic strategy that aims to influence an adversary's will or incentive structure.
Onomatopoeia – words that imitate the sounds, objects, or actions they refer to, for example "buzz", "hullabaloo", "bling". Opening statement – first part of discourse; should gain audiences' attention. Orator – a public speaker, especially one who is eloquent or skilled. Oxymoron – opposed or markedly contradictory terms joined for ...