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
Hadley v Baxendale: The Case of Unforeseen Damages
Despite the United States trying hard be anything but British, our legal system still echoes much of the British legal system. In point of fact, a number of the most fundamental legal concepts we use have origins overseas in British case law. The famous case of Hadley v Baxendale (1854) is one
Kirksey v Kirksey: a Case Considerably Lacking in Consideration
Updated: 12/22/22 The law of contracts are designed to determine whether promises are enforceable or not. In order to be valid, all elements of the contract must be satisfied. A contract consists of the following elements: offer, acceptance, consideration, legality, capacity and writing (when
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." Starting a business is one thing, working and proofreading contracts with clients is another. Creating disclaimers is integral if you're selling a product; making sure promises are provable, and being
Hamer v Sidway: the Benefit-Detriment Theory
The law is constantly evolving. Along with the codes passed by legislative bodies and administrative agencies, we adhere to principles derived from our common law tradition. In our common law system, established principles have significant weight, but they are not necessarily binding. This is, in
Conklin v Davi: Adverse Possession and Marketable Titles
When engaging in real estate transactions, it is always best to draw up a contract which captures every conceivable detail of the exchange. Developing a thoroughly detailed contract will help to avoid the possibility of any legal disputes. The case of Conklin v Davi (1978) is a reminder of