Contract Law. Questions and Answers Essay Example | Topics and Well Written Essays - 1000 words

Contract Law. Questions and Answers - Essay Example In such case the contract is void whether it is the non-existent subject matter of the agreement ( Res Extincta) or it is regarding the contract of purchase of own property(Res Sua) . The case of unilateral mistake is where only one party is mistaken. This can be by mistake as to the terms of the contract and also by the mistake as to the identity in which the first party thinks of the third party as the second party. Where the parties are inter prae sentes (face to face) there is a presumption that the mistaken party intends to deal with the other person who is physically present and identifiable by sight and sound, irrespective of the identity which one or other may assume. In the case of mutual mistakes where the parties misunderstand each other's intentions and are at cross purposes and if the transaction is totally ambiguous so that it can be assumed that there will be no consensus ad idem (agreement as to the same thing) and the contract will be void: Moreover mistake related to documents also leads the contract voidable. If writing contracts were costless, the parties would specify which of their beliefs were crucial to the agreement and condition performance of those beliefs, just as they would avoid all ambiguity in defining performance by including all details that might be relevant (1) Since reSince reading and writing contracts is costly, courts sometimes fill gaps in incomplete contracts by supplying the omitted terms, asking what the parties would have specified ex ante had the contract writing been costless. When beliefs are mistaken, the court might follow a similar rule, not by adding omitted terms (since the contract is unambiguous), but by modifying the contract to express the true intentions of the parties. or, the court could reform the contractual obligations by voiding the contract, leaving the reconstructing to the parties involved. Reforming or voiding contracts, however, goes beyond the gap-filling function in which courts customarily engage; it is an almost paternalistic change in the contract's express terms.In the same manner, the Court always tries to make distinction between incorrect belief and mistake to empty the concept of the mistake from its original meaning. In the opinion of the Court mutual mistake will be used to announce a decision not to enforce the promis

The Duality of Human Nature Essay Example | Topics and Well Written Essays - 1000 words

The Duality of Human Nature - Essay Example The Duality of Human Nature So man’s fundamental nature must play a part in the duality of human nature. In the end, it comes down to the path an individual decides upon despite being influenced by society and man’s fundamental nature. The Curious Case of Dr. Jekyll and Mr. Hyde is a perfect example of the duality of human nature. Many people have pondered why some people give into their evil nature, and others give in to their good nature. A reader might have the same question about Dr. Jekyll. Why did Dr. Jekyll give in to Mr. Hyde? A Cherokee legend gives the best answer: An old Cherokee is teaching his grandson about life. "A fight is going on inside me," he said to the boy. "It is a terrible fight and it is between two wolves. One is evil - he is anger, envy, sorrow, regret, greed, arrogance, self-pity, guilt, resentment, inferiority, lies, false pride, superiority, and ego." He continued, "The other is good - he is joy, peace, love, hope, serenity, humility, kindness, benevolence, empathy, generosity, truth, compassion, and faith. The same fight is going on inside you - and inside every other person, too." The grandson thought about it for a minute and then asked his grandfather, "Which wolf will win?" The old Cherokee simply replied, "The one you feed." The answer is clear; Dr. Jekyll fed Mr. Hyde more than he fed Dr. Jekyll. Every time Dr. Jekyll drank the potion, he fed his evil side, or Mr. Hyde. The first time he drank the potion, Dr. Jekyll felt â€Å"at the first breath of this new life, to be more wicked, tenfold more wicked†.