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Description - Contracts by Haytham Al Fiqi

II. Scope of contracts

  • Express
  • Genuine contract, where the source of obligation iS the intentions of the parties
  • The agreement iS by "words", formed by language, oral or written
  • Language used by the contracting parties cannot be divorced from the environment in which they have conducted negotiations
  • Normal action is action for breach of contract (person can recover for both unjust enrichment and the value of the promised performance).

    • Cases: Denial of express contract in Barnet's Estate (wife and husband; husband dies; she worked in the home -- more business-like, fairness to other beneficiaries)

    B. Implied-in-fact
  • Contract with no written or oral statement of the promise
  • It does not differ from an express contract except that it is circumstantially proved -- infer agreement from circumstantial
  • Courts must find objective criteria for determining the intentions of the parties in the light of the circumstances surrounding the transaction, g. conduct of the parties.
  • Normal action is action for breach of contract (see above)

    • This book explains how to draft civil legal contracts in all their forms, It is also considered a legal reference in civil contracts .

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