Please discuss the following written by Thomas Hobbes in his book, Leviathan (1651): “If a covenant be made, wherein neither of the parties perform presently, but trust one another; in the condition of mere nature, which is a condition of war of every man against every man, upon any reasonable suspicion, it is void; but if there be a common power set over them both, with right and force sufficient to compel performance, it is not void. For he that performeth first, has no assurance the other will perform after; because the bonds of words are too weak to bridle men’s ambition, avarice, anger and other passions, without the fear of some coercive power; which in the condition of mere nature, where all men are equal, and judges of the justness of their own fears, cannot possibly be supposed. And therefore he which performeth first, does but betray himself to his enemy; contrary to the right, he can never abandon, of defending his life, and means of living.”

Can the certainty of the object of the contract be negated by the failure of the parties to state the exact location of the property in the contract?

Under our NCC, an heir may institute an action for rescission of a rescissible contract in his capacity as a representative or successor-in-interest of a person who suffers from lesion or of the creditor who is defrauded. Suppose, however, that it can be established that the decedent, during his lifetime, entered into a contract with another in order to defraud him of his legitime, can he institute an action for the rescission of such contract after the death of the decedent?

1. Tan, who is a minor, agreed to become a tenant of a house and to pay John, landlord, and certain amount for the furniture in it. Tan paid part of the sum and gave a promissory note for the balance. Tan occupied the house and had used of the furniture for several months. Later, Tan brought an action to have the contract rescinded and to recover the money he had paid to John. Can he repudiate the contract and recover the money that he had paid to John? Please state your reasons. 2. Mr. K, who is an electrician, rendered services to Mr. C. After completing the job order contract, Mr. K billed and sent charge invoice to Mr. C. When Mr. C learned that Mr. K is not a license electrician, Mr. C refused to pay the invoice. Mr. K then sued Mr. C for cost of his services.  Mr. K is not a license electrician. Does the action of Mr. K prosper? Please state your reasons in the context of capacity to enter into contract.

Raymond owns a bakery on main street that specializes in making custom cookies for special events. He has twenty years of baking and cookie decorating experience and has received numerous awards for his work. Clarice enters the bakery on morning to inquire about Raymond baking some cookies for her daughter’s birthday. The two enter into a contract in which Raymond agrees to bake two dozen cookies and decorate the cookies as characters from Clarice’s daughter’s favorite show.  In their discussions, Raymond tells Clarice the cookies will be ‘approximately half a pound each’ in size. As they are in America, Clarice assumes that the half a pound size refers to the weight of the cookies, knowing that the size will vary as each cookie bakes slightly differently. Raymond, however, meant the half a pound size to signify that the cookies will be the size of a half-pound sterling, the primary currency in the United Kingdom. This measurement is significantly smaller than the half a pound in…

Please provide reaction on discussion below if you agree or disagree: William refrained from certain behaviors, as requested by his uncle, in exchange for a large sum of money. Since the executor of Story's estate refused to pay William, claiming that the contract lacked consideration, there is a theory of consideration that William can rely on. William can invoke the concept of forbearance, which he did by refraining from drinking liquor, using tobacco, swearing, and playing cards or billiards for money until he reached the age of 21. This act of forbearance on his part can be considered adequate consideration for the contract. In this case, even though refraining from liquor and tobacco has been beneficial for William's health, it can still be considered a legal detriment or forbearance for the contract. Considering the facts presented, William fulfilled his uncle's requirements, and Story acknowledged that William had fulfilled his part of the bargain. Based on this, there was valid…

State the effect of illegality on a contract.

Gianna contracts with Boris for Boris to bring a llama to her daughter Vivian's birthday party in exchange for $125. Gianna later learns her daughter is frightened of llamas. She contacts Boris and Boris agrees to bring a pony to the party for $75 instead. Which of the following is true of the original agreement involving the llama and the $125? It was discharged by mutual rescission It was discharged by accord and satisfaction It was discharged by substituted contract It was breached

A party contracts to guaranty the collection of the debts of another. As a result of the guaranty, the creditor, upon debtor's default, can immediately proceed against the guarantor without further notice.  T/F?