The disputed structure was constructed as mosque by or under orders of Babar. It is not proved by direct evidence that premises in dispute including constructed portion belonged to Babar or the person who constructed the mosque or under whose orders it was constructed. 3. 4. No temple was demolished for constructing the mosque. Mosque was constructed over the ruins of temples which were lying in utter ruins since a very long time before the construction of mosque and some material thereof was used in construction of the mosque. 5. That for a very long time till the construction of the mosque it was treated/believed by Hindus that some where in a very large area of which premises in dispute is a very small part birth place of Lord Ram was situated, however, the belief did not relate to any specified small area within that bigger area specifically the premises in dispute. 6. That after some time of construction of the mosque Hindus started identifying the premises in dispute as exact birth place of Lord Ram or a place wherein exact birth place was situated. 7. That much before 1855 Ram Chabutra and Seeta Rasoi had come into existence and Hindus were worshipping in the same. It was very very unique and absolutely unprecedented situation that in side the boundary wall and compound of the mosque Hindu religious places were there which were actually being worshipped along with offerings of Namaz by Muslims in the mosque. 8. That in view of the above gist of the finding at serial no.7 both the parties Muslims as well as Hindus are held to be in joint possession of the entire premises in dispute. 9. That even though for the sake of convenience both the parties i.e. Muslims and Hindus were using and occupying different portions of the premises in dispute still it did not amount to formal partition and both continued to be in joint possession of the entire premises in dispute.
The disputed structure was constructed as mosque by or under orders of Babar. It is not proved by direct evidence that premises in dispute including constructed portion belonged to Babar or the person who constructed the mosque or under whose orders it was constructed. 3. 4. No temple was demolished for constructing the mosque. Mosque was constructed over the ruins of temples which were lying in utter ruins since a very long time before the construction of mosque and some material thereof was used in construction of the mosque. 5. That for a very long time till the construction of the mosque it was treated/believed by Hindus that some where in a very large area of which premises in dispute is a very small part birth place of Lord Ram was situated, however, the belief did not relate to any specified small area within that bigger area specifically the premises in dispute. 6. That after some time of construction of the mosque Hindus started identifying the premises in dispute as exact birth place of Lord Ram or a place wherein exact birth place was situated. 7. That much before 1855 Ram Chabutra and Seeta Rasoi had come into existence and Hindus were worshipping in the same. It was very very unique and absolutely unprecedented situation that in side the boundary wall and compound of the mosque Hindu religious places were there which were actually being worshipped along with offerings of Namaz by Muslims in the mosque. 8. That in view of the above gist of the finding at serial no.7 both the parties Muslims as well as Hindus are held to be in joint possession of the entire premises in dispute. 9. That even though for the sake of convenience both the parties i.e. Muslims and Hindus were using and occupying different portions of the premises in dispute still it did not amount to formal partition and both continued to be in joint possession of the entire premises in dispute. 10. That both the parties have failed to prove commencement of their title hence by virtue of Section 110 Evidence Act both are held to be joint title holders on the basis of joint possession. 11. That for some decades before 1949 Hindus started treating/believing the place beneath the Central dome of mosque (where at present make sift temple stands) to be exact birth place of Lord
Accordingly, all the three sets of parties, i.e. Muslims, Hindus and Nirmohi Akhara are declared joint title holders of the property/ premises in dispute as described by letters A B C D E F in the map Plan-I prepared by Sri Shiv Shanker Lal, Pleader/ Commissioner appointed by Court in Suit No.1 to the extent of one third share each for using and managing the same for worshipping. A preliminary decree to this effect is passed. However, it is further declared that the portion below the central dome where at present the idol is kept in makeshift temple will be allotted to Hindus in final decree. It is further directed that Nirmohi Akhara will be allotted share including that part which is shown by the words Ram Chabutra and Sita Rasoi in the said map. It is further clarified that even though all the three parties are declared to have one third share each, however if while allotting exact portions some minor adjustment in the share is to be made then the same will be made and the adversely affected party may be compensated by allotting some portion of the adjoining land which has been acquired by the Central Government. The parties are at liberty to file their suggestions for actual partition by metes and bounds within three months. List immediately after filing of any suggestion/ application for preparation of final decree after obtaining necessary instructions from Hon'ble the Chief Justice. Status quo as prevailing till date pursuant to Supreme Court judgment of Ismail Farooqui (1994(6) Sec 360) in all its minutest details shall be maintained for a period of three months unless this order is modified or vacated earlier.
Love must be sincere. Hate what is evil; cling to what is good. Be devoted to one another in love. Honor one another above yourselves. Never be lacking in zeal, but keep your spiritual fervor, serving the Lord. Be joyful in hope, patient in affliction, faithful in prayer. Share with the Lord’s people who are in need. Practice hospitality. Bless those who persecute you; bless and do not curse. Rejoice with those who rejoice; mourn with those who mourn. Live in harmony with one another. Do not be proud, but be willing to associate with people of low position. Do not be conceited.
El Derecho Constitucional es la rama del Derecho Público que estudia las normas fundamentales que organizan el Estado y garantizan los derechos de las personas. Su evolución histórica se relaciona con la necesidad de limitar el poder absoluto y proteger la libertad. Desde la Carta Magna inglesa hasta las revoluciones de Estados Unidos y Francia, la idea de una Constitución escrita se convirtió en símbolo del Estado de Derecho. En la Argentina, la Constitución de 1853 plasmó estos principios al establecer la forma republicana, representativa y federal de gobierno. Con el tiempo, las reformas —especialmente la de 1994— incorporaron nuevos derechos y fortalecieron el sistema democrático.
De manera que, como parece que no tengo remedio y estoy definitivamente perdido para la frutuosa neutralidad, lo más probable es que siga escribiendo para la fructuosa neutralidad, lo más probable es que siga escribiendo cuentos no neutrales y poemas y ensayos y canciones y novelas no neurales, pero advierto que será así, aunque no traten de torturas y cárceles u otros tópicos que al parecer resultan insoportables a los neutros. Será así aunque traten de mariposas y nubes y duendes y pescaditos.
De manera que, como parece que no tengo remedio, y estoy definitivamente perdido para la fructuosa neutralidad, lo más probable es que siga escribiendo cuentos no neutrales, y poemas, y ensayos y canciones y novelas no neutrales; pero advierto que será así, aunque no traten de torturas y cárceles u otros tópicos que al parecer resultan insoportables a los neutros. Será así aunque traten de mariposas y nubes y duendes y pescaditos.
Benedetti
Τα κρυπτοσπορίδια είναι παράσιτα που ανήκουν στα κοκκίδια. Την τελευταία δεκαετία η άλλοτε ασυμπτωματική κρυπτοσποριδίωση απέκτησε κλινικό ενδιαφέρον λόγω της επίμονης και συχνά θανατηφόρας εντεροκολίτιδας που προκαλεί το πρωτόζωο σε ανοσολογική ανεπάρκεια. Ο άνθρωπος μολύνεται με την κατάποση της μολυσματικής μορφής του παρασίτου που είναι η ωοκύστη και περιέχει τέσσερις σποροζωίτες.
Οι σποροζωίτες απελευθερώνονται στο στόμαχο και το δωδεκαδάχτυλο και διεισδύουν στα κύτταρα του εντερικού επιθηλίου, όπου πολλαπλασιάζονται αρχικά με σχιζογονία και στη συνέχεια με σπορογονία παράγοντας ωοκύστεις. Μόνο το 80% των σχηματιζόμενων κυστών διασπείρεται με τα κόπρανα στο περιβάλλον. Ο κύκλος ζωής είναι μονόξενος.
Τα κρυπτοσπορίδια καταστρέφονται με την αμμωνία, την ψυξη, και αν θερμανθούν στους 65 για 30 λεπτά. Το κοκκίδιο προκαλεί επίμονη διαρροϊκή νόσο με μεγάλη απώλεια υγρών και ηλεκτρολυτών. Σε ανοσοκατεσταλμένους αρρώστους δεν περιορίζονται στο λεπτό έντερο αλλά προσβάλλουν και το αναπνευστικό και τα χοληφόρα. Η διάγνωση γίνεται με τροποποιημένη οξεάντοχη χρώση.
Τα σημαντικότερα ανθελονοσιακά φάρμακα είναι: η κινίνη, η χλωροκίνη, η μεφλοκίνη, ο συνδυασμός σουλφαδοξίνης- πυριμεθαμίνης, τα παράγωγα αρτεμισινίνης, η αλοφαντρίνη, ο συνδυασμός ατοβακίνης- προγουανίλης(μαλαρόν). Για τις εξωερυθροκυτταρικές μορφές του πλασμωδίου χορηγείται η πριμακίνη η οποία αντενδείκνυται σε άτομα με έλλειψη του ενζύμου G6PD.
There are___ disputes in this fact pattern.
The Big Question is between ____ and _____: The big issue in dispute 1 is whether a contract was formed when [ ]. The big conclusion is that a contract was not formed when [ ]
The Smaller Question is between ____ and _____: The big issue in dispute 1 is whether a contract was formed when [ ]. The big conclusion is that a contract was not formed when [ ] (smaller questions are usually alternative theory questions)
Analytical Road Map
My analytical plan to address the disputes starts by first evaluating (1) what law governs. Having determined what law governs, I will next evaluate (2) was a contract formed. Having determined that a contract was formed, I will now seek to see if (3) there are any legal defenses blocking the enforcement of this contract. If it is determined that there are no defenses blocking the enforcement of the contract, I will next determine what the (4) terms of the agreement of the parties are. After determining the terms of the agreement, I will next determine (5) whether there was a breach. If it is determined that there was a breach, I will next determine if there are any (6) legal excuses that will excuse the breaching party. If there are no legal excuses that will excuse the breaching party, I will next consider whether (7) there are any remedies. If it was found that a contract was not formed, I will consider any (8) alternative theories to either enforce the promise or look for relief. Now I will begin with Dispute #1 between [insert Party 1] and [insert Party 2] and apply the analytical framework beginning with what law governs this dispute.
Dispute #1 ([insert Party 1] v. [insert Party 2])
1. What Law Governs?
C: The UCC governs this dispute because it involves [insert the facts, use the actual transaction and goods, determinative facts] as evident by [insert quoted parts of the fact pattern that supports your reasoning].
I: The issue in this dispute is whether UCC Article 2 or Common Law governs this dispute when [include facts from C sentence above].
R: Rule Sentence Statements:
1. Common Law governs all contract disputes that are not otherwise governed by a statute.
2. The most efficient way to determine what law governs is to complete a UCC Article 2 statutory
scope analysis.
A: Art 2 Scope Test:
C: UCC Article 2 (does/ does not) govern this dispute because it involves the sale of [fact] that were
[fact] and the transfer of title of the [good] from [insert seller name] to [insert buyer name].
I: The issue is whether UCC Article 2 governs this dispute regarding [insert facts of this dispute].
R: §2-102 Scope Test
1. 2. Article 2 governs “1) transactions in 2) goods…”. §2-102.
There are two elements; both elements are necessary to satisfy the scope test.
A: Transaction & Good
• Transaction
§ C: A transaction is present in this dispute because [fact].
§ I: The issue is whether a transaction is present in this dispute when [fact].
§ R: UCC Article 2 does not define the term transaction. However, courts have commonly
interpreted transaction to mean the term “contract for sale” in §2-106 (1) and “contract for
sale” includes both a “present sale”… or “a contract to sell…at a future time. “Sale” is further
defined in the same section as “passing of title from the seller to the buyer for a price” in §2-
106 (1).1. Therefore, the four elements to the element of “transaction” are: 1) An agreement 2)
contemplating the passing of a title 3) from a seller to a buyer 4) for a price. 2. There are four elements and all four are necessary.
§ A: In the instant case,
The first element, an agreement, i.e., manifestation of assent to all the terms, is present along
these facts because [facts+reasoning] as evident by [quoted facts that support the reasoning],
demonstrating that [tie it together with the synonym].
The second element, contemplating the passing of a title, i.e., transfer of ownership from the
seller to the buyer with no expectations of it coming back, is present along these facts because
[facts+reasoning] as evident by [quoted facts that support the reasoning], demonstrating that
[tie it together with the synonym].
The third element, from a seller to a buyer, i.e., from the person “who sells or contracts to sell
goods” §2-103(1)(d) to the person “who buys or contract to buys goods” §2-103(1)(a), is present
along these facts because [facts+reasoning] as evident by [quoted facts that support the
reasoning],demonstrating that [tie it together with the synonym].
The fourth element, for a price, i.e., in the form of money, goods, services, or land §2-304 (1),
is present along these facts because [facts+reasoning] as evident by [quoted facts that support
the reasoning],demonstrating that [tie it together with the synonym].
§ C: I have found all of the elements for a transaction; therefore, a transaction is present. I will
now look for goods.
• Good
§ C: A good is present in this dispute because [fact].
§ I: The issue is whether a good is present in this dispute when [fact].
§ R: UCC Article 2 defines “good” as “1) all things (including specially manufactured goods)
[that] are 2) movable 3) at the time of identification to the contract” according to §2-105 (1).
There are three elements and all three are necessary.
§ A: In the instant case,
The first element, things, i.e., something that is tangible, is/is not present along these facts
because [facts+reasoning] as evident by [quoted facts that support the reasoning],
demonstrating that [tie it together with the synonym].
The second element, movable, i.e., something that is not fixed to land §2-107(2), is/is not
present along these facts because [facts+reasoning] as evident by [quoted facts that support the
reasoning], demonstrating that [tie it together with the synonym].
The third element, at the time the contract was formed, i.e., when goods are expressed or
identified, is/is not present along these facts because [facts+reasoning] as evident by [quoted
facts that support the reasoning], demonstrating that [tie it together with the synonym].§
C: I have found all of the elements for a good; therefore, a good is present.
Now that I have determined that there is a transaction and a good and there are no non-goods
present, I can definitively say that UCC Article 2 governs this dispute.
Transition: Now that I have found that there is a transaction of goods in this fact pattern, I can conclude that the UCCArticle 2 governs this dispute.
Or,•
Now that I have determined that there is a transaction and a good, I can preliminarily say that UCC
Article 2 POTENTIALLY governs this dispute. I have found that there are non-goods present within
this fact pattern. If there are any non-goods in the fact and they predominate the dispute, then UCC
Article 2 will not apply. To be certain that what law governs this dispute, I will do a mix transaction
analysis by applying the predominate purpose test.• Transition to Mixed Transaction Analysis (if necessary)
§ C: (Good/Services) predominate this dispute when [include facts that support your
reasoning].
§ I: The issue is if there are goods or something else present in the dispute and if so, which
one predominates.
§ R: The predominate purpose test is a totality of the circumstances test that uses (1) the
language of the contract; (2) the nature of the business of the supplier; (3) the intrinsic worth
of the materials (cost of goods relative to the cost of service); and (4) the gravamen of the
complaint to determine what law governs this dispute. If courts cannot determine what
predominates the dispute, after evaluating the first three elements, they will then consider a
fourth element which is the gravamen of the complaint.
§ A: The language of the contract in this dispute focuses on [facts] because [] as evident by[],
demonstrating that[] .
The nature of the business of the supplier in this dispute is [facts] because [] as evident by[],
demonstrating that.
The materials involved were worth [facts] while the price of the services are [facts] because
[] as evident by [], demonstrating that[].
The gravamen of the complaint is [facts] because [] as evident by[], demonstrating that[].
§ C: When all four factors are considered in total, this contract is predominated by
[goods/services].
• C: The predominate purpose test has revealed that this dispute is predominated by services.
Therefore, UCC Article 2 cannot govern this dispute and we must conclude that the common
law governs this dispute.
3UCC Article 2/Common Law ANALYTICAL FRAMEWORK - §3 C: Now that I have determined that to see if there is a contract formed under UCC Article 2/ Common Law.
Christine Ayanna Croasdaile
governs this dispute, I will now look
2. Was a Contract Formed?
was/was not formed between [insert Party 1] and [insert Party 2] because [offeror] did/did not
C: A contract make an offer when [facts] and the [offeree] did/did not accept when [facts], and there was/was no
consideration because [facts].
I: The issue in this dispute is whether a contract was formed when [facts].
R: Choose from below:
UCC
Based on UCC §1-201(b)(12), a contract is defined as the total legal obligation that results from the
parties’ agreement. Under §1-201(b)(3), an agreement is defined as “the bargain of the parties in
fact, as found in their language or inferred from other circumstances, including course of
performance, course of dealing, or usage of trade.” Under §2-204(1), a contract may be made in any
manner sufficient to show agreement. However, the UCC does not give a definition of “show
agreement”. When a statute does not provide a definition within the statute, we can draw from case
law and statutory interpretation.
Common Law
§ A contract is a promise or a set of promises for the breach of which the law gives a remedy as
determined by the UCC. A promise is a manifestation of intention to act or refrain from acting in a
specified way, so made as to justify a promise to understand that a commitment has been made.
¨ [continue here from the rule from either the UCC or Common Law]
§ In order to find a contract, courts will look for mutual assent, i.e., a meeting of the minds that
consists of the sub-elements of 1) offer and 2) acceptance, and also consideration. In order to
determine if mutual assent is present, the court utilizes the objective theory of interpretation. This
theory of interpretation analyzes the oral or written words, conduct, and circumstances from the
perspective of a reasonable person in the position of the hearer, attributing meaning accordingly.
§ To determine if a contract was formed, I will first look for an offer, then acceptance, and then
consideration. If all three are found, I will conclude that a contract has been formed. I will now
analyze each communication to see if there was an offer first.
A: Offer, Acceptance, and Consideration
1. Offer (Restatement 24)
C: There are ___ communicative events within this fact pattern. I have identified the offer within event number
___, but I will need to also consider events ____ when identifying the offer.
o Communication #1:
o Conclusion: The first communication between [insert Party 1] and [insert Party 2] was/was not an offer because
[facts].
o Issue: The issue is whether an offer was formed when [facts].
o Rule: An offer is the (1) manifestation of (2) willingness (3) to enter into a bargain, (4) so made as to justify
(5) another person in understanding that (6) his assent to that bargain is invited (7) and will conclude
it. There are seven elements and all seven are necessary.
o Analysis:
§ The first element, manifestation, i.e., 1) a tangible expression either oral, written, or in conduct,
that is 2) perceived by another, is/is not present on these facts because [facts+reasoning] as evident
by [quoted facts that support the reasoning], demonstrating that [tie it together with the synonym].
§ The second element, willingness, i.e., a present intent to conclude the deal now, is/is not present
on these facts because [facts+reasoning] as evident by [quoted facts that support the reasoning],
demonstrating that [tie it together with the synonym].
§ The third element, bargain, i.e., a proposed exchange between the parties, is/is not present on
these facts because [facts+reasoning] as evident by [quoted facts that support the reasoning],
demonstrating that [tie it together with the synonym].
§ The fourth element, justify, i.e., reasonable certainty expressed with sufficient detail so that the
court can determine there has been a breach and provide a remedy, is/is not present on these facts
because [facts+reasoning] as evident by [quoted facts that support the reasoning], demonstrating
that [tie it together with the synonym].
§ The fifth element, another person, i.e., to a targeted person or finite group of persons, is/is not
present on these facts because [facts+reasoning] as evident by [quoted facts that support the
reasoning], demonstrating that [tie it together with the synonym].
§ The sixth element, assent to the bargain is invited, i.e., , is/is not present on these facts because
[facts+reasoning] as evident by [quoted facts that support the reasoning], demonstrating that [tie
it together with the synonym power of acceptance is given to the offeree].
§ The seventh element, conclude it, i.e., an understanding that there is nothing more the offeror
needs to say, is/is not present on these facts because [facts+reasoning] as evident by [quoted facts
that support the reasoning], demonstrating that [tie it together with the synonym].
o Conclusion: An offer is/is not present here because all of the elements have/have not been met.
Continue from communicative event #1 to the offer is found.
Offer Communicated:
o C: Now that I have found the offer, I will look to see if the offer was communicated actually or constructively received, when creating the power of acceptance in the [offeree].
§ C: The offer was communicated because [facts].
§ I: The issue is whether [offeror]’s offer was communicated to [offeree] when.
§ R: An offer is communicated upon receipt,actual i.e. the offeree is aware of receipt or constructive, i.e. is evidence that the offer was received by the offeree when it is received, actual or constructive.
§ A: The offer was/was not received, i.e. §
C: The offer was/was not communicated (not) [facts].
POSSIBLE CONCLUSIONS-If not an offer it can be an invitation to an offer (ex. ads), adding of additional terms to a pre-existing offer,firm offers, express option contracts or implied option contracts.
Transition: Now that the power of acceptance has been created in the [offeree], I will look for the acceptance.
2. Acceptance
I have identified the acceptance within event number ___, but I will need to also consider events ____ when
identifying the acceptance.
o Communication #
o C: The first communication between [insert Party 1] and [insert Party 2] is/is not an acceptance because [facts] as evident by [quoted facts +reasoning].
o I: The issue is whether an offer was formed when [facts].
o R: An acceptance is the (1) manifestation of (2) unequivocal assent (3) by an offeree to (4) all terms in
the (5) manner invited by the offeror.
o A:
The first element, manifestation, i.e., a tangible expression either oral, written, or in conduct, that
is perceived by another, is/is not present on these facts because [facts+reasoning] as evident by
[quoted facts that support the reasoning], demonstrating that[tie.
The second element, unequivocal assent, i.e., an undeniable willingness to agree, is/is not present
on these facts because [facts+reasoning] as evident by [quoted facts that support the reasoning].
§ The third element, by the offeree, i.e., targeted another with the power of acceptance, is/is not
present on these facts because [facts+reasoning] as evident by [quoted facts that support the
reasoning].
§ The fourth element, to the terms, i.e., an understanding of the specifications of the offer made by
the offeror, is/is not present on these facts because [facts+reasoning] as evident by [quoted facts
that supports the reasoning].
§ The fifth element, manner invited by the offeror, i.e., accepted in the mode and way specified by
the offeror or a reasonable way under the circumstances, is/is not present on these facts because
[facts+reasoning] as evident by [quoted facts that support the reasoning].
o C: An acceptance is/is not present here because all of the elements have/have not been met.
Transition: Now that I have found the acceptance, I will look to see if the acceptance was communicated. Or
Now I will look at Communication # to see if there was an acceptance.
C: The acceptance was communicated because [facts].
I: The issue is whether
R: An acceptance is communicated when it is received, actual or constructive.communicated, i.e. actually or constructively received,
A: The [offeree’s] acceptance was/was not [offeree]’s acceptance was communicated to [offeror] when [facts].
C: The acceptance was/was not communicated to [offeror].Mailbox Rule (Common Law):
If not an acceptance – could possibly be a rejection, receipt of revocation (direct or indirect), or
a counter-offer. (Rules- An indirect revocation occurs when a reliable third party on behalf of the offeror indicates to a reasonable offeree that the offeror no longer wishes to make that offer.-Offers are freely revocable by the offeror up until the time that they have been accepted. A direct revocation of an offer is 1) a manifestation of 2) unwillingness 3) by the offeror 4) to enter into a proposed bargain.- A rejection is a (1) manifestation of (2) intention to not accept an offer (3) by the offeree to the offeror.-A counter-offer is an offer made by the offeree to the offeror relating to the same matter as the
original offer.)
Transition: Having determined that the acceptance is valid, I have now determined mutual assent as evident
by the presence of offer and acceptance and will now look to see if the final element of consideration
has been met to determine if a contract has been formed.
3. Consideration
o C: Consideration is/is not present in this communication because [facts] as evident by [quoted
facts].
o I: The issue is whether proper consideration is present in this communication when [facts].
o R: Consideration is a (1) bargain for (2) legal detriment. There are two elements, and both
are necessary. First, I will look for “bargained-for” and then a “legal detriment”.
o A: I will now evaluate Consideration in Both Parties
Party 1
BARGAINED-FOR
§ C: The offer and acceptance was “bargained-for” because [facts].
§ I: The issue is whether the offer and acceptance was bargained-for.
§ R: (1) Bargained for is further defined as the returned promise was induced by the original
promise. Generally, to induce, the promisor must be aware of, anticipate, request, or rely
upon the promise/performance.
§ A: Here, the promise is bargained for because A sought B’s [promise to/performance of]
[facts] in exchange for [facts].
§ C: Now that I have determined the presence of bargained-for, I will now seek to determine
if there was a legal detriment.
LEGAL DETRIMENT
§ C: There was a legal detriment because [facts].
§ I: The issue is whether there was a legal detriment.
§ R: (2) Legal Detriment is further defined as someone did something that they are otherwise
not required to do or forbore from something they have legal right to do. To determine
whether there was consideration, the court applied a three-step process.
First, they will see if the offeror was seeking a legal detriment to the offeree.
If there is no detriment, they will see if the promisor seeks a benefit for himself.
If the court finds neither, they will ask to see if someone commits to do something they
are not otherwise legally obligated to do or forbear from a legal right.
[Offeror] was seeking a legal detriment to the [Offeree]. It was a legal detriment because [facts].[Party 1] was seeking [fact] as a benefit. It is a benefit because [facts].
Party 2
BARGAINED-FOR (Did the offeror agree to forbear or do something they had a legal right to do)
§ C: The offer and acceptance was “bargained-for” because [facts].
§ I: The issue is whether the offer and acceptance was bargained-for.
§ R: (1) Bargained for is further defined as the returned promise was induced by the original
promise. Generally, to induce, the promisor must be aware of, anticipate, request, or rely
upon the promise/performance.
§ A: Here, the promise is bargained for because A sought B’s [promise to/performance of]
[facts] in exchange for [facts].
§ C: Now that I have determined the presence of bargained-for, I will now seek to determine
if there was a legal detriment.
LEGAL DETRIMENT (Did the offeror seek a selfish benefit,
§ C: There was a legal detriment because [facts].
§ I: The issue is whether there was a legal detriment.
§ R: (2) Legal Detriment is further defined as someone did something that they are otherwise
not required to do or forbore from something they have legal right to do. To determine
whether there was consideration, the court applied a three-step process. First, they will see
if the offeror was seeking a legal detriment to the offeree. If there is no detriment, they will
see if the promisor seeks a benefit for himself. If the court finds neither, they will ask to see
if someone commit to do something they are not otherwise legally obligated to do or forbear
from a legal right.
[Offeror] was seeking a legal detriment to the [Offeree]. It was a legal detriment because [facts].[Party 1] was seeking [fact] as a benefit. It is a benefit because [facts].
Transition: Now that I have established sufficient consideration in both parties, I can conclude that there was
valid consideration in this agreement.
C: Now that I have found consideration as well as mutual assent, I can conclude that a contract was formed. If
there are any additional communication remaining in this contract, I will still evaluate each to determine their
legal significance. OR After analyzing each communication within the dispute, I have determined that a contract
was not formed. However, I will now seek to determine if there are any applicable alternative theories.
Pre-Existing Legal Duty: When one is already obligated to do it.
3. Are There Any Defenses Blocking the Enforcement of the
Contract?
• C: There are no legal defenses blocking the enforcement of the contract OR only the defense of [insert
defense] is available to [party] as a defense to the enforcement of the contract.
• I: The issue is whether there are defenses to the enforcement of a contract between [party] and [party] when
[].
10ANALYTICAL FRAMEWORK - §3 Christine Ayanna Croasdaile
• R: A defense is a behavior at the time of the forming of the contract that allows the parties to disavow the
contract. The defense of [insert defense here] applies on these facts.
Statute of Frauds §2-201(1)
A contract for the sale of goods amounting to (1) $500 or more needs to be in (2) writing and (3) signed by (4) the party against whom enforcement is sought.
(5) A quantity term is necessary, and the agreement will not be enforced beyond that quantity. The omission or incorrect statement of other terms will not
make the contract unenforceable.
Statute of Frauds - 2-201(1): a contract in consideration of Marriage, cannot be completed within a Year, Land, Executorships, Goods greater than or
equal to $500, and Suretyships are subject to the statute of frauds and are not enforceable unless evidenced by writing. A writing is satisfied if it (1) describes or
refers to the agreement and (2) is signed or adopted by the (3) person against whom the contract is being enforced.
Statute of Frauds - 2-201(2) : A contract [1] between merchants will not be blocked by the Statute of Frauds if within a [2] reasonable time a [3] written
confirmation of the contract and [4] sufficient against the sender is [5] received and [6] the party receiving it has reason to know its contents [7] if there is not
a written notice of objection to its contents is given within 10 days after it is received.
Exceptions to the Statute of Frauds include if the goods are specifically manufactured or made commitments for their procurement (2-201(3)(a)), if the party
admits a contract was formed (2-201(3)(b)), or if payment was received (2-201(3)(c)).
my legs
Minority, i.e., Infancy: A contract entered into by a person that has not reached the age of majority is voidable by the child. After the child
reaches the age of majority, they must promptly disaffirm the contract. Otherwise, the contract will be enforced. A minor who misrepresents her
age may be stopped from raising this defense.
Cognitive: A contract is voidable if entered into by a person who is unable to understand in a reasonable manner the nature of the
consequences to the transaction.
Volitional: A contract is voidable if a party is unable to act in a reasonable manner in relation to the contract and the other party has reason to
know of their condition.
Unilateral Mistake: (§153) A contract is voidable where a mistake of (1) one party (2) at the time the contract was formed (3) made as to a
basic assumption on which the contract was made (4) has a material effect on the agreed exchange of performance and (5) the party seeking
avoidance does not bear the risk of mistake and it was such a mistake which makes the contract unconscionable or the other party had reason to
know of or created the mistake.
Mutual Mistake (§ 152 (1)): 1. mistake 2. by both parties 3. at the time the contract was formed 4. about a basic factual assumption on which
contract was formed and had 5.a material effect on the contract and 6. The party did not bear the risk of the mistake. There are 6 elements and
all are necessary
● 1. Both parties, i.e. (names of parties)
● 2. Mistake, i.e. incorrect knowledge
● 3. Contract formed, i.e. when mutual assent was formed
● 4. Factual assumption, i.e. an idea taken to be true
● 5.Material effect, i.e. a reasonable person would attach importance to it to determine action in the transaction
● 6. __ did not bear the risk of the mistake
Scaring
Harvest
Form
Dairy
Fourth
Compare
Startled
Forth
Scorekeeper
Ordered
Forest
Supporting
Adores
Prairie
Declare
Course
Locating
Admitted
Parent
Paragraph
a as aw ax was saw sax wax zax zaass wawa zaza xaxa qawa aww azz axx sass wawa zaza xaxa qawa aww aza as aw ax was saw sax wax zax za ass wawa zaza xaxa qawa aww azz axx sass wawa zaza xaxa qawa aww azz axx qwas aszx zxsa sqwa wqsa xzsa zasw qwas aszx zxsa sqwa wqsa xzsa zasw
eloquent
expressing yourself readily, clearly, effectively
amiable
diffusing warmth and friendliness
diligent
quietly and steadily persevering in detail or exactness
haughty
having or showing arrogant superiority
forsake
leave someone who needs or counts on you; leave in the lurch
despot
a cruel and oppressive dictator
infamy
a state of extreme dishonor
impudent
improperly forward or bold
deride
treat or speak of with contempt
acquiesce
agree or express agreement
abhor
feel hatred or disgust toward
hypocrisy
pretending to have qualities or beliefs that you do not have
impertinent
improperly forward or bold
enmity
a state of deep-seated ill-will
indolent
disinclined to work or exertion
appease
make peace with
coherent
marked by an orderly and consistent relation of parts
avarice
reprehensible acquisitiveness; insatiable desire for wealth
furtive
secret and sly
brazen
not held back by conventional ideas of behavior
coerce
cause to do through pressure or necessity
innate
present at birth but not necessarily hereditary
chide
scold or reprimand severely or angrily
intrepid
invulnerable to fear or intimidation
demure
shy or modest, often in a playful or provocative way
alacrity
liveliness and eagerness
debase
corrupt morally or by intemperance or sensuality
extol
praise, glorify, or honor
callous
emotionally hardened
fabricate
make up something artificial or untrue
elated
exultantly proud and joyful; in high spirits
confidant
someone to whom private matters are told
gratuitous
unnecessary and unwarranted
complacency
the feeling you have when you are satisfied with yourself
candor
the quality of being honest and straightforward
inhibit
limit the range or extent of
brusque
rudely abrupt or blunt in speech or manner
insatiable
impossible to fulfill, appease, or gratify
cumulative
increasing by successive addition
connive
form intrigues (for) in an underhand manner
cajole
influence or urge by gentle urging, caressing, or flattering
deferential
showing courteous regard for people's feelings
aberration
a state or condition markedly different from the norm
insular
narrowly restricted in outlook or scope
decry
express strong disapproval of
circumspect
careful to consider potential consequences and avoid risk
embezzle
appropriate fraudulently to one's own use
This time, the amount of money allegedly embezzled was raised more than ten-fold and the charges made much more severe.
impeccable
without error or flaw
inept
generally incompetent and ineffectual
empathy
understanding and entering into another's feelings
gluttony
habitual eating to excess
erudite
having or showing profound knowledge
arcane
requiring secret or mysterious knowledge
flabbergasted
as if struck dumb with astonishment and surprise
Created on August 14, 2012 (updated November 4, 2020)
These words and definitions came from this website:
https://www.vocabulary.com/lists/176046
eloquent
expressing yourself readily, clearly, effectively
amiable
diffusing warmth and friendliness
diligent
quietly and steadily persevering in detail or exactness
haughty
having or showing arrogant superiority
forsake
leave someone who needs or counts on you; leave in the lurch
despot
a cruel and oppressive dictator
infamy
a state of extreme dishonor
impudent
improperly forward or bold
deride
treat or speak of with contempt
acquiesce
agree or express agreement
abhor
feel hatred or disgust toward
hypocrisy
pretending to have qualities or beliefs that you do not have
impertinent
improperly forward or bold
enmity
a state of deep-seated ill-will
indolent
disinclined to work or exertion
appease
make peace with
coherent
marked by an orderly and consistent relation of parts
avarice
reprehensible acquisitiveness; insatiable desire for wealth
furtive
secret and sly
brazen
not held back by conventional ideas of behavior
coerce
cause to do through pressure or necessity
innate
present at birth but not necessarily hereditary
chide
scold or reprimand severely or angrily
intrepid
invulnerable to fear or intimidation
demure
shy or modest, often in a playful or provocative way
alacrity
liveliness and eagerness
debase
corrupt morally or by intemperance or sensuality
extol
praise, glorify, or honor
callous
emotionally hardened
fabricate
make up something artificial or untrue
elated
exultantly proud and joyful; in high spirits
confidant
someone to whom private matters are told
gratuitous
unnecessary and unwarranted
complacency
the feeling you have when you are satisfied with yourself
candor
the quality of being honest and straightforward
inhibit
limit the range or extent of
brusque
rudely abrupt or blunt in speech or manner
insatiable
impossible to fulfill, appease, or gratify
cumulative
increasing by successive addition
connive
form intrigues (for) in an underhand manner
cajole
influence or urge by gentle urging, caressing, or flattering
deferential
showing courteous regard for people's feelings
aberration
a state or condition markedly different from the norm
insular
narrowly restricted in outlook or scope
decry
express strong disapproval of
circumspect
careful to consider potential consequences and avoid risk
embezzle
appropriate fraudulently to one's own use
This time, the amount of money allegedly embezzled was raised more than ten-fold and the charges made much more severe.
impeccable
without error or flaw
inept
generally incompetent and ineffectual
empathy
understanding and entering into another's feelings
gluttony
habitual eating to excess
erudite
having or showing profound knowledge
arcane
requiring secret or mysterious knowledge
flabbergasted
as if struck dumb with astonishment and surprise
Created on August 14, 2012 (updated November 4, 2020)
These words and definitions came from this website:
https://www.vocabulary.com/lists/176046
eloquent
expressing yourself readily, clearly, effectively
amiable
diffusing warmth and friendliness
diligent
quietly and steadily persevering in detail or exactness
haughty
having or showing arrogant superiority
forsake
leave someone who needs or counts on you; leave in the lurch
despot
a cruel and oppressive dictator
infamy
a state of extreme dishonor
impudent
improperly forward or bold
deride
treat or speak of with contempt
acquiesce
agree or express agreement
abhor
feel hatred or disgust toward
hypocrisy
pretending to have qualities or beliefs that you do not have
impertinent
improperly forward or bold
enmity
a state of deep-seated ill-will
indolent
disinclined to work or exertion
appease
make peace with
coherent
marked by an orderly and consistent relation of parts
avarice
reprehensible acquisitiveness; insatiable desire for wealth
furtive
secret and sly
brazen
not held back by conventional ideas of behavior
coerce
cause to do through pressure or necessity
innate
present at birth but not necessarily hereditary
chide
scold or reprimand severely or angrily
intrepid
invulnerable to fear or intimidation
demure
shy or modest, often in a playful or provocative way
alacrity
liveliness and eagerness
debase
corrupt morally or by intemperance or sensuality
extol
praise, glorify, or honor
callous
emotionally hardened
fabricate
make up something artificial or untrue
elated
exultantly proud and joyful; in high spirits
confidant
someone to whom private matters are told
gratuitous
unnecessary and unwarranted
complacency
the feeling you have when you are satisfied with yourself
candor
the quality of being honest and straightforward
inhibit
limit the range or extent of
brusque
rudely abrupt or blunt in speech or manner
insatiable
impossible to fulfill, appease, or gratify
cumulative
increasing by successive addition
connive
form intrigues (for) in an underhand manner
cajole
influence or urge by gentle urging, caressing, or flattering
deferential
showing courteous regard for people's feelings
aberration
a state or condition markedly different from the norm
insular
narrowly restricted in outlook or scope
decry
express strong disapproval of
circumspect
careful to consider potential consequences and avoid risk
embezzle
appropriate fraudulently to one's own use
This time, the amount of money allegedly embezzled was raised more than ten-fold and the charges made much more severe.
impeccable
without error or flaw
inept
generally incompetent and ineffectual
empathy
understanding and entering into another's feelings
gluttony
habitual eating to excess
erudite
having or showing profound knowledge
arcane
requiring secret or mysterious knowledge
flabbergasted
as if struck dumb with astonishment and surprise
Created on August 14, 2012 (updated November 4, 2020)
These words and definitions came from this website:
https://www.vocabulary.com/lists/176046
Наш світ сповнений дивовижних явищ, які часто виходять за межі нашої повсякденної уяви. Наприклад, мед є практично вічним продуктом. Завдяки низькому вмісту води та високій кислотності, він створює середовище, в якому бактерії та мікроорганізми просто не можуть вижити. Археологи знаходили в єгипетських гробницях горщики з медом, вік яких налічував тисячі років, і він залишався абсолютно їстівним. Інший дивовижний факт стосується біології восьминогів: ці морські істоти мають три серця. Два з них перекачують кров через зябра, а третє, системне серце, відповідає за циркуляцію крові по всьому тілу. Цікаво, що коли восьминіг пливе, його системне серце перестає битися, що пояснює, чому вони частіше воліють повзати по дну, ніж плавати на довгі дистанції. Якщо говорити про географічні екстремуми, то найсухішим місцем на планеті є не пустеля Сахара, а Сухі долини Мак-Мердо в Антарктиді. У деяких з цих долин дощу не було вже понад два мільйони років. Сильні катабатичні вітри, що дмуть з гір зі швидкістю понад триста кілометрів на годину, випаровують будь-яку вологу, залишаючи ландшафт абсолютно безжиттєвим і схожим на поверхню Марса.
Людське тіло саме по собі є джерелом неймовірних фактів. Якби можна було витягнути в одну лінію всі кровоносні судини дорослої людини – артерії, вени та капіляри – їхня загальна довжина склала б понад сто тисяч кілометрів. Цього достатньо, щоб обігнути Землю по екватору більше двох з половиною разів. У той же час, наш мозок під час неспання генерує достатньо електроенергії, щоб живити невелику лампочку, приблизно від десяти до двадцяти трьох ват. У світі історії також є свої рекорди. Найкоротша війна в історії людства відбулася у тисяча вісімсот дев’яносто шостому році між Великою Британією та Занзібаром. Ця війна, відома як Англо-Занзібарська, тривала всього тридцять вісім хвилин, перш ніж султан Занзібару капітулював. А от у світі рослин є справжні велетні. Найбільший живий організм на Землі – це не синій кит, а грибниця опенька темного, що росте в штаті Орегон, США. Вона займає площу понад дев’ять квадратних кілометрів і її вік оцінюється у кілька тисяч років, причому більша частина цього організму прихована під землею.
Коли ми дивимося на нічне небо, ми бачимо зірки такими, якими вони були в минулому, оскільки світлу потрібен час, щоб дістатися до нас. Наприклад, світло від найближчої до нас зірки, Проксими Центавра, летить до Землі понад чотири роки. У самому ж космосі панує абсолютна тиша. Оскільки звук – це механічна хвиля, якій для поширення потрібне середовище (наприклад, повітря чи вода), у вакуумі космосу звукові хвилі просто не можуть передаватися. Астронавти спілкуються за допомогою радіозв’язку саме з цієї причини. Повертаючись на Землю, варто згадати про унікальну здатність дерев спілкуватися між собою. Вони роблять це через підземну мережу грибів, відому як мікоризна мережа. Через неї дерева можуть обмінюватися поживними речовинами, такими як вуглець, а також надсилати хімічні сигнали тривоги, попереджаючи сусідів про напад шкідників або посуху. Це складна біологічна система, яку вчені часто називають "лісовим інтернетом". Навіть звичайні речі, як-от банани, мають свою таємницю: з ботанічної точки зору банан є ягодою, тоді як полуниця чи малина – ні.
The principle enunciated in Sections 6, 7 and 9 of Evidence Act is the reason for this introduction. In Ayodhya, District Faizabad, there is a premises consisted of constructed portion and adjoining land surrounded by a boundary wall (total area about 1500 square yard) used for worshipping purpose(s), which was undisputedly constructed before 18th Century. Muslims claimed that the entire premises was a mosque known by the name of Babari Mosque. However, it is admitted to the Muslims that since middle of 19th 5Century outer part of the adjoining land was having a chabootara towards South-East admeasuring 17’ x 21’ (39.6 square yard) on which Hindus were worshipping. Hindus claim it to be much older. Rival claims of both the parties over the premises in dispute have been judicially noticed in 1885. The dispute had earlier also been noticed in the records of different government officers since 1855 when a riot took place between Hindus and Muslims. It is mentioned that on a nearby temple known by the name of Hanuman Garhi, Muslims had some claim asserting that to be previously a mosque. The riot started at Hanuman Garhi and Muslims were repelled by the Hindus. The retreat and the fight is stated to have continued till the premises in dispute whereat several Muslims were killed. They are said to have been buried around the disputed premises. After the said riot, a bifurcation was made of the adjoining land by placing a brick and grill (vertical iron bars) wall (railing) of 7 or 8 feet height dividing the 6adjoining land into two parts, inner courtyard adjacent to the constructed portion and outer courtyard adjacent to the boundary wall towards East. The outer Courtyard also included a flank in between northern side of the constructed portion and inner courtyard on the one hand and northern bou
The principle enunciated in Sections 6, 7 and 9 of Evidence Act is the reason for this introduction. In Ayodhya, District Faizabad, there is a premises consisted of constructed portion and adjoining land surrounded by a boundary wall (total area about 1500 square yard) used for worshipping purpose(s), which was undisputedly constructed before 18th Century. Muslims claimed that the entire premises was a mosque known by the name of Babari Mosque. However, it is admitted to the Muslims that since middle of 19th 5Century outer part of the adjoining land was having a chabootara towards South-East admeasuring 17’ x 21’ (39.6 square yard) on which Hindus were worshipping. Hindus claim it to be much older. Rival claims of both the parties over the premises in dispute have been judicially noticed in 1885. The dispute had earlier also been noticed in the records of different government officers since 1855 when a riot took place between Hindus and Muslims. It is mentioned that on a nearby temple known by the name of Hanuman Garhi, Muslims had some claim asserting that to be previously a mosque. The riot started at Hanuman Garhi and Muslims were repelled by the Hindus. The retreat and the fight is stated to have continued till the premises in dispute whereat several Muslims were killed. They are said to have been buried around the disputed premises. After the said riot, a bifurcation was made of the adjoining land by placing a brick and grill (vertical iron bars) wall (railing) of 7 or 8 feet height dividing the 6adjoining land into two parts, inner courtyard adjacent to the constructed portion and outer courtyard adjacent to the boundary wall towards East. The outer Courtyard also included a flank in between northern side of the constructed portion and inner courtyard on the one hand and northern boundary wall on the other hand. The railing divided the entire premises in two almost equal parts. The railing/ grill was placed either in 1956 when Awadh was annexed by the Britishers or immediately after 1957 war of independence (called mutiny by Britishers.) This was done with the intention that Muslims must use the inner portion and Hindus the outer portion so that chances of quarrel between them were minimised. Initially there was only one
Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.
Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.
Section 11. The State values the dignity of every human person and guarantees full respect for human rights.
Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.
Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.
Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.
Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.
Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.
Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.
Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.
Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.
Section 11. The State values the dignity of every human person and guarantees full respect for human rights.
Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government.
Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.
Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.
Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.
Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.
Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.
Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.
side 450,000 USA. Dynamite 450,000 (over 800
