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Good Faith (law)
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in a number of contract types in order to reinforce the express covenants or promises of the contract. A lawsuit (or a cause of action) based upon the breach of the covenant may arise when one party to the contract attempts to claim the benefit of a technical excuse for breaching the contract, or when he or she uses specific contractual terms in isolation in order to refuse to perform his or her contractual obligations, despite the general circumstances and understandings between the parties. When a court or trier of fact interprets a contract, there is always an "implied covenant of good faith and fair dealing" in every written agreement. Usage in the United States Historical us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek legal remedy, judicial remedies such as damages or equitable remedies such as specific performance or Rescission (contract law), rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that pacta sunt servanda, agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bargaining Power
Bargaining power is the relative ability of parties in a negotiation (such as bargaining, contract writing, or making an agreement) to exert influence over each other in order to achieve favourable terms in an agreement. This power is derived from various factors such as each party’s alternatives to the current deal, the value of what is being negotiated, and the urgency of reaching an agreement. A party's bargaining power can significantly shift the outcome of negotiations, leading to more advantageous positions for those who possess greater leverage. If both parties are on an equal footing in a debate, then they will have equal bargaining power, such as in a perfectly competitive market, or between an evenly matched monopoly and monopsony. In many cases, bargaining power is not static and can be enhanced through strategic actions such as improving one's alternatives, increasing the perceived value of one's offer, or altering the negotiation timeline. A party's bargaining pow ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equitable Remedy
Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent-based common law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable remedies have been merged and a single court can issue either, or both, remedies. Despite widespread judicial merger, the distinction between equitable and legal remedies remains relevant in a number of significant instances. Notably, the United States Constitution's Seventh Amendment preserves the right to a jury trial in civil cases over $20 to cases "at common law". Equity is said to operate on the conscience of the defendant, so an equitable remedy is always directed at a particular person, and that person's knowledge, state of mind and motives may be relevant to whether a remedy should b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bhasin V
Bhasin is a surname and clan of the Punjabi Khatris of India. Bhasin translates to "sun". Notable people * Anuradha Bhasin, Indian journalist, editor of ''Kashmir Times'', daughter of Ved Bhasin * Arjun Bhasin, Indian fashion designer, brother of Niharika Bhasin * Harish Bhasin, appellant in the Canadian contract case law Bhasin v Hrynew * Jasmin Bhasin (born 1990), Indian actress and model * Kamla Bhasin (1946–2021), Indian women's rights activist, poet, author and social scientist * Manish Bhasin Manish Dev Bhasin (born 21 May 1976 in Leicester, England) is a sports journalist and presenter broadcasting for Premier League Productions as the face of the Premier League's global coverage to over 700 million viewers as well as the BBC in th ... (born 1976), British sports journalist and television presenter * Neha Bhasin (born 1982), Indian singer-songwriter * Om Prakash Bhasin, founder of the Om Prakash Bhasin Award for Science and Technology * Niharika Bhasin (bor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Code Of Quebec
The ''Civil Code of Quebec'' (CCQ; , ) is the civil code in force in the Canadian province of Quebec, which came into effect on January 1, 1994. It replaced the '' Civil Code of Lower Canada'' () enacted by the Legislative Assembly of the Province of Canada in 1865, which had been in force since August 1, 1866. The ''Civil Code of Quebec'' governs a number of areas affecting relations between individuals under Quebec law. It deals with the main rules governing the law of persons, the family, succession, property and civil liability. It also contains rules of evidence in civil matters and Quebec private international law. Scope The Code's scope is summarized in its preliminary provision: The Civil Code is in essence a body of rules and regulations that, in all matters treated by or in the spirit or vein of its provisions, sets forth the ''jus commune'', or the law that applies to all of Quebec, either in express or implied terms. For the matters handled by the Code, it acts as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Implied Term
A contractual term is "any provision forming part of a contract". Each term gives rise to a contractual obligation, the breach of which may give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. The terms of a contract are the essence of a contract, and tell the reader what the contract will do. For instance, the price of a good, the time of its promised delivery and the description of the good will all be terms of the contract. "Terms" and "conditions", although slightly different in their significance, are often treated together in phrases such as "standard terms and conditions", or "Ts and Cs". Classification of term Condition or Warranty Conditions are major provision terms that go to the very root of a contract breach of which means there has been substantial failure to perform a basic element in the agreement. Breach of a condition will entitle the innocent party to te ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty
A duty (from "due" meaning "that which is owing"; , past participle of ; , whence "debt") is a commitment or expectation to perform some action in general or if certain circumstances arise. A duty may arise from a system of ethics or morality, especially in an honor culture. Many duties are created by law, sometimes including a codified punishment or liability for non-performance. Performing one's duty may require some sacrifice of self-interest. A sense-of-duty is also a virtue or personality trait that characterizes someone who is diligent about fulfilling individual duties or who confidently knows their calling. A sense-of-duty can also come from a need to fulfill familial pressures and desires. This is typically seen in a militaristic or patriotic way. A distinction is commonly made between "positive duties", which a person must undertake, and "negative duties", which relate to actions from which a person must refrain. Michael Freeman notes that negative duties may be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract B
The terms Contract A and Contract B in Canadian contract law refer to a concept applied by the Canadian courts regarding the fair and equal treatment of bidders in a contract tendering process, for example to award a construction contract. Essentially this concept formalizes previously applied precedents and strengthens the protection afforded to those who submit bids in the tendering process. The concept was introduced in 1981 by the Supreme Court of Canada, in '' R. v. Ron Engineering and Construction (Eastern) Ltd''. The court found that a " duty of fairness" was owed to all bidders by an owner in a tendering process. A Contract A, a "process contract", is formed between the owner (person, company or organization tendering the project) and each bidder when a "request for proposal" is responded to in the form of a compliant bid, sometimes also known as submission of price. The owner must deal fairly and equally with all bidders, and must not show any favouritism or prejudice to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vicarious Liability
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, '' respondeat superior'', the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability, or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee. Employers' liability Employers are vicariously liable, under the '' respondeat superior'' doctrine, for negligent acts or omi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prejudice
Prejudice can be an affect (psychology), affective feeling towards a person based on their perceived In-group and out-group, social group membership. The word is often used to refer to a preconceived (usually unfavourable) evaluation or classification of another person based on that person's perceived personal characteristics, such as political affiliation, sex, gender, gender identity, beliefs, Value (personal and cultural), values, social class, friendship, Ageing, age, disability, religion, sexual orientation, sexuality, Race (human classification), race, ethnicity, language, nationality, culture, complexion, beauty, height, body weight, job, occupation, wealth, education, criminality, Fan loyalty, sport-team affiliation, Psychology of music preference, music tastes or other perceived characteristics. The word "prejudice" can also refer to unfounded or pigeonholed beliefs and it may apply to "any unreasonable attitude that is unusually resistant to rational influence". Gordon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For British Columbia
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. Jurisdiction The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British Columbia where the proceedings in that court were by indictment. It will hear summary conviction appeals from the Supreme Court on criminal matters that originated in the Provincial Court. Statute restricts appeals on civil matters from the Provincial Court (Small Claims) to the Supreme Court. However, some Provincial Court civil matters may come before the BCCA on very narrow matters having to do with questions of administrative law or other unusual circumstances. Composition The BCCA consists of 15 justices (including a chief justice) in addition to 9 supernumerary justices. All justices of the BCC ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract A
The terms Contract A and Contract B in Canadian contract law refer to a concept applied by the Court system of Canada, Canadian courts regarding the fair and equal treatment of bidders in a contract tendering process, for example to award a construction contract. Essentially this concept formalizes previously applied precedents and strengthens the protection afforded to those who submit bids in the tendering process. The concept was introduced in 1981 by the Supreme Court of Canada, in ''R. v. Ron Engineering and Construction (Eastern) Ltd''. The court found that a "duty of fairness" was owed to all bidders by an owner in a tendering process. A Contract A, a "process contract", is formed between the owner (person, company or organization tendering the project) and each bidder when a "request for proposal" is responded to in the form of a compliant bid, sometimes also known as submission of price. The owner must deal fairly and equally with all bidders, and must not show any favouri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
