Contract law is continually evolving so courts can decipher the purpose and intent of these contracts. This is where the benefit detriment theory comes in. A substantial agreement must exist and the parties must have freely intended to be legally bound. For instance, if a client offers your
Bailey V Drexel Furniture Co. & the Child Labor Tax Law of 1919
To most contemporary Americans, exploitative child labor practices seem like an ancient, prehistoric phenomenon far removed from the context of advanced civilization. But, crazy though it sounds to modern ears, such practices have occurred in the not too distant past of our society. In fact, our
Hawaii Housing Authority’s Eminent Domain Power: A Closer Look
The Myth of Governmental Morality A common misconception is that governments adhere to the same moral standards as individuals. However, governmental morality operates on a different principle: reason. While individual morality is rooted in reciprocity, government actions are justified by
Jacob & Youngs v Kent: What’s a Little Breach of Contract between Friends?
"If I let my lawyer tell me what I could do for my business, I wouldn't have a business." While this entrepreneurial spirit is admirable, it’s essential to balance it with a strong understanding of contract law. A well-drafted contract can protect your business interests, while a poorly written
Hawkins v McGee: The Case Every Doctor Should Know About
Every medical operation, no matter how familiar or routine it may be, carries a level of risk. There is always a chance that an operation will fail to produce its desired result. What’s more, there is always a possibility that a patient will suffer negative consequences from the operation. The case
Gruen v Gruen: A Lesson on Gift Delivery
When we hear gift giving, we tend to think of Christmas, birthdays, graduation ceremonies and other occasions gifts are exchanged. Seldom do we think of legal ramifications which may be triggered by the delivery of a gift. When a gift is of exceptionally high monetary value, gift giving can
Baker v Weedon: A Case of Mistakenly Sold Property
Selling property can be complicated. In order to sell a piece of real estate properly, you need to consult with a variety of professionals. Typically, you meet with an appraiser, a licensed agent, a construction professional, among myriad others. To reap the greatest benefit, the seller must
Greiner v Greiner: Be Careful with Promises
Promises made among family members rarely end up involving the legal system. But when they do, there tends to be valuable lessons which, if heeded, can help people avoid considerable hassle and headache. The case of Greiner v Greiner (1930) is an interesting example of a promise made between family