Illusory Promise

A contract containing a statement that gives the person making a promise no actual obligation to fulfill the promise is considered an “illusory promise,” or “illusory contract.” The language in this type of agreement is indefinite and unclear, making it uncertain whether the promising party must perform even if paid or compensated by the other party. This type of agreement […]

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Frustration of Purpose

Frustration of purpose pertains to the law of contracts, and takes place when unexpected circumstances undermine the purpose of the contract. In order for the principle of frustration of purpose to apply, both parties must have been aware of the primary purpose for the contract to begin with. To explore this concept, consider the following frustration of purpose definition. Noun […]

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Blue Sky Laws

Many states have come up with legislation (“laws”) that compels certain standards in matters involving the offering of and selling securities. These “Blue Sky laws” are intended to protect consumers from being induced into uncertain or overly speculative investments, as well as protecting them against fraud. Each state specifies its own provisions to their Blue Sky laws, however all require […]

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Intentional Tort

A tort is a wrongful act in which harm or injury is caused to another person. The term “tort” covers a vast range of actions in tort law, and is divided into subcategories, which include “intentional tort.” Intentional tort occurs when a person intends to perform an action that causes harm to another. For intentional tort to be proven, it […]

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Fraud

Fraud takes place when a person deliberately practices deception in order to gain something unlawfully or unfairly. In most states, the act of fraud can be classified as either a civil or a criminal wrong. While fraud is most commonly committed to obtain benefits of value, it sometimes occurs solely for the purpose of deceiving another person or entity. For […]

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Embezzlement

Embezzlement is a crime that takes place when a person purposely withholds or uses assets and monies for a purpose other than for what it is intended. Also referred to as “financial fraud” or “larceny,” embezzlement is typically committed by an employee who is in charge of an agency or company’s finances, or a person who has responsibilities pertaining to […]

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