Contract Law Essentials: Mistakes, Misrepresentation, and Discharge
Setting Aside a Contract
A contract may be set aside due to mistake, misrepresentation, undue influence, or duress. Consumer protection relief through statutes may also set aside contracts.
Meaning of a Mistake
- Legal mistake: A mistaken belief about a factual situation, not the law itself.
- Unilateral mistake: One party is mistaken about the facts.
- Common/mutual mistake: Both parties are mistaken about the facts.
Only certain kinds of mistakes will make a contract void or voidable by equitable relief of
Read MoreDiscrimination in Survivor’s Pension Grant: Muñoz Díaz v. Spain
Case of Muñoz Díaz v. Spain
A. Context
María Luisa Muñoz Díaz, a Spanish Rom born in 1956, married “M.D.” in November 1971 according to Roma rites. Both belonged to the Roma community. The union produced six children.
B. Summary
The applicant, Ms. Muñoz Díaz, filed a claim with the Labour Court after the INSS denied her a survivor’s pension following the death of M.D., also a Spanish Rom. The INSS based its refusal solely on the grounds that their marriage was not recognized under Spanish
Read MoreLegal Relationships, Rights, and the Philosophy of Law
SUBJECT: Legal Relationships and Their Subjects
Who is involved? A Human Being / Natural Person OR A Non-Human Legal Person (corporations, associations, foundations). Subjects involved in Legal Relationships usually are holders of concurrent Advantages and Disadvantages:
CONTENT: Legal Positions and Their Characteristics
What kind of legal positions?
1) Advantages:”Active / Prevalent Position”
- Who has rights?
- Are they Subjective, Credit, or Potestative rights?
2) Disadvantages:”Passive / Subordinate Position”
Read MoreLegal Relationships, Rights, and the Philosophy of Law
SUBJECT:
Who is involved? A Human Being / Natural Person OR A Non-Human Legal Person (corporations, associations,foundations). Subjects involved in Legal Relationships usually are holders of concurrent Advantages and Disadvantages:
CONTENT:
What kind of legal positions?
1)Advantages:
“Active / Prevalent positions” Who has rights, are they Subjective, Credit or Potestative rights?
2) Disavantages:
“Passive / Subordinate positions” Are we talking about duties, general obligations of respect, are there
Read MoreAustralian Business Law: Copyright, Contracts, and Consumer Protection
LAW Study Notes
Copyright
Copyright protects text, images, and other forms of expression, such as computer programs, films, television programs, and music, from unauthorized copying.
Copyright in Australia is regulated by the Copyright Act 1968 (Cth).
Requirements for Copyright Protection
- The creation is a work of subject matter other than works.
- The creation is original.
- The creation is expressed in a material form.
Requirement 1: The Creation Is a Work of Subject Matter Other Than Works
4 Types of Works:
Read MoreCentimeter to Pixel (Y) Conversion Calculator
How to Use the Centimeter to Pixel (Y) Conversion Calculator
To use the calculator, simply type the value in centimeters (cm) into the box labeled “centimeter [cm]”. The result in pixels (Y) will automatically appear in the box labeled “pixel (Y)”.
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