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Ymorist [56]
3 years ago
15

A contract was made for 125 bales of cotton to arrive on a ship named "Peerless" from Bombay. Unbeknownst to either party to the

contract, there were two ships named "Peerless," both of which were sailing from Bombay. One sailed in October and the other in December. The buyer had in mind the ship sailing in October, but the seller had in mind the ship sailing in December. Each party held his belief in good faith. When the goods failed to arrive on time, the buyer sued for breach of contract.
a.
The seller is in breach and must pay damages.

b.
The seller is guilty of fraud in the inducement for failing to disclose to the buyer which ship would contain the goods.

c.
No contract exists due to mutual mistake of fact as to the existence or identity of the subject matter of the contract.

d.
Two of the above, (a) and (b).
Law
1 answer:
makkiz [27]3 years ago
3 0

Answer: No contract exists due to mutual mistake of fact as to the existence or identity of the subject matter of the contract.

Explanation:

Breach of contract is legal cause of action and a type of civil wrong, whereby a binding agreement or bargained-for exchange was not honored by one or more of the parties to the agreement in the contract by non-performance or an interference with the other party's performance.

In this scenario, the buyer cannot sue for breach of contract when the goods failed to arrive on time because no contract exists due to the mutual mistake of fact as to the existence or the identity of the subject matter of the contract. There was a mistake regarding the ship "Peerless". A party had in mind the one coming by October while the other party had the one coming in December in mind. Due to this error, no contract existed.

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List and explain the major types of legal defenses.
sertanlavr [38]

1. Innocence

One of the simplest defenses to criminal liability is the defense of innocence. This defense is raised when you did not commit the crime. Remember, the prosecution has to prove every element of the crime charged against you and prove it beyond a reasonable doubt.

2. Constitutional Violations

These are types of criminal defenses used in criminal trials and involve the way evidence was collected by police and other law enforcement. Don’t miss these important defenses, because they could result in dismissal of the

prosecution’s entire case.

3.Alibi

Certain types of defenses in criminal law, such as the alibi defense, are affirmative defenses. This means the defendant (you) must prove the defense, and in the case of an alibi, it means that the defendant must prove that he or she was somewhere other than the scene of the crime at the time of the crime.

4. Insanity

The insanity defense, which you may hear about all the time in tv courtroom dramas, is used infrequently for a few reasons. The first is the insanity defense is another affirmative defense, which requires that the defendant prove, beyond a reasonable doubt, that he or she was suffering a severe mental disease or defect at the time the crime was committed.

5. Self-Defense

The defense of self-defense may be raised for crimes like assault, battery, and murder, where the defendant used violence in a justified way to respond to violent actions or the threat of violent actions coming from the victim.

6. Defense-of-Others

Like self-defense, another defense involving justified use of force or violence is the defense-of-others defense.

7. Defense-of-Property

Similar to self-defense and the defense-of-others, the defense-of-property defense may be raised where the defendant used force or violence to protect property, such as land or items, from damage or destruction. This defense has an additional limitation, in that the amount of force used to protect property can never be lethal.

8. Involuntary Intoxication

Involuntary intoxication is a lack of intent defense. If the defendant was in a state where he or she did not know what they were doing due to intoxication, this defense cancels out the intent aspect of most crimes.

9. Voluntary Intoxication

Unlike involuntary intoxication, getting drunk or high deliberately and then committing a crime will not stand as a valid defense.

10. Mistake of Law / Mistake of Fact

Sometimes, a defendant may have been unaware of a fundamental element of a crime that the prosecution has charged him with. For example, if a defendant is charged with stealing a car, but believed his family member or friend wanted to give him the car, a mistake defense would exist.

11. Duress or Coercion

This defense involves someone else threatening to use force or violence to get you to do something against your better judgment. Essentially, it means you were forced to commit a crime.

12. Abandonment / Withdrawal

This defense can be raised when a defendant initially intended to commit a crime or participate in a crime but had a change of heart and withdrew from participation.

13. Necessity

This is defense that applies where the defendant committed a crime to prevent a more significant harm from happening. For example, the defendant stole a car to drive a gunshot victim to the hospital or stole food to feed his starving family. The defense would not apply if the same defendant stole the car to take a vacation or stole laptops from an electronics store during a riot.

14. Statute of Limitations

This is a procedural defense. Sometimes, a certain crime will have a specific window of time in which it can be brought by the prosecution. If the window closes, the statute of limitations may bar the prosecution from bringing the case.

8 0
3 years ago
1. What ideas came from the Magna Carta?
oksian1 [2.3K]
1. Trial by Jury and Rule of Law

2. Self Government is a natural right and that they shouldn’t have a monarchy, instead a representative government

3. Establish Justice, promote the general welfare, insure domestic tranquillity, provide for the common defense, secure the blessings of liberty to ourselves and our posterity

4. The First Article is about the Legislative Branch. Congress is a part of the Legislative Branch, and the Senate and House of Representatives make up Congress. Theta have the power to create laws and bills

The Second Article is about the Executive Branch. Members that make up the Executive Branch are the President, Vice President, and the Cabinet. They execute or enforce the laws.

The 3rd Article is about the Judicial Branch. The Judicial Branch made up by the Courts and Supreme Court. They interpret the law.

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Answer:

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Explanation:

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Economic Survey
artcher [175]

The case portrays the need for a review of income and property taxes, highlighting information on which taxes should or should not have their exemption limits extended and how this affects the country's infrastructure.

Accordingly, we can answer the other questions as follows:

  1. Economic research is against increasing the income tax exemption limit, as this would harm the poorest population.
  2. The research states that the property tax is important for the growth of the country's infrastructure, in addition to falling on objects that are easy to identify and that belong to the richest population.

<h3>How does the survey present this information?</h3>

The research shows that the income import should matter the exemption in the poorest population and this is a way to promote more taxpayers for this tax. This is because by allowing poor people to be exempt from income tax, the State promotes economic ascension, allowing these people to reach higher economic levels and leave the lower classes, becoming taxpayers.

However, the research is in favor of extending the exemption limits for property tax. This is because these taxes must fall on people who own buildings and residences. These people have a higher economic standard and are easily identified since the properties are immovable assets.

Learn more about income tax:

brainly.com/question/17075354

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4 0
2 years ago
Which phrase best completes the diagram ( brown v. Board of education) ( Hernandez v. Texas) HELP
fgiga [73]
I believe the answer should be D.
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pls vote brainliest :)
8 0
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