Author: nickvooi

“In order that a party may free himself from complying with an agreement he had entered into, he must show that the bargain or some of its terms was unfair and unconscionable. It is not enough to show that, in the eyes of the court, it was unreasonable. A bargain cannot be unfair and unconscionable … Continue reading Quote of the day →

"… that every man should be held to his bargain if there is a concluded agreement and the terms are clear. It is implicit from what the appellant has himself stated in his affidavit, that the sufficiency of 30 days notice was on his mind when he signed the agreement He was therefore fully aware … Continue reading Quote of the day →

"In deciding whether the parties have reached an agreement, the law looks for an offer by one party and an acceptance to the terms and conditions of that offer by the other. There would be bargaining process leading up ultimately to an agreement or meeting of the minds. This is the traditional method of analysis … Continue reading Quote of the day →

“To constitute a valid contract there must be separate and definite parties thereto; those parties must be in agreement, that is there must be a consensus ad idem; those parties must intend to create legal relations in the sense that the promises of each side are to be enforceable simply because they are contractual promises … Continue reading Quote of the day →

"… a party to a contract who, after having concluded his bargain, entertains doubts as to the wisdom of the transaction may be in the unfairly advantageous position to invent all sorts of imaginary terms upon which disagreement may be expressed when the more formal document is being prepared in order to escape from his … Continue reading Quote of the day →

"The law of contract is concerned with the mechanics involved in and the principles regulating the formation, performance, continuance and discharge of the parties individually created obligations. The essential elements of any contract are:

"Let the punishment match the offence." Cicero

"Those who wish to appear wise among fools, among the wise seem foolish." Marcus Fabius Quintilianus

"You are young, my son, and as the years go by, time will change and even reverse many of your present opinions. Refrain therefore awhile from setting yourself up as a judge of the highest matters." Plato

"Time is a great legalizer, even in the field of morals." H. L. Mencken