Can I sue in federal court?
If your case is based on a violation of state law and not federal law, you can only sue in federal court if you and your opponents are citizens of different states and the amount in controversy exceeds $75,000. There are two other requirements for suing in federal court when the case is based on diversity.
Can a defendant sue another defendant?
A cross-claim is a claim by one party against a co-party (e.g., a defendant claiming against another defendant, or a plaintiff claiming against another plaintiff, arising out of the original complaint.)
Which of the following facts would give the museum owner the best basis for rescinding the contract with the salvage company?
Which of the following facts would give the museum owner the best basis for rescinding the contract with the salvage company? The bills’ unusual reaction to indirect sunlight.
Which of the following may make a contract voidable?
Reasons that can make a contract voidable include: Failure by one or both parties to disclose a material fact. A mistake, misrepresentation or fraud. Undue influence or duress.
What generally determines if a mistake invalidates a contract?
The general rule involving unilateral mistakes is that, if the non-mistaken party either knew or should have known of the other party’s mistake, the mistake is a “palpable unilateral mistake” which makes the contract voidable by the mistaken party.
What is the purpose of estoppel?
“The purpose of an estoppel statement is twofold: (1) to give a prospective purchaser or lender information about the lease and the leased premises and (2) to give assurance to the purchaser or lender that the les- see at a later date will not make claims that are inconsistent with the statements contained in the …
What are the legal rules as to valid consideration?
Legal rules regarding consideration Consideration must move from the promisee but need not flow to the promisor. Consideration must be sufficient but need not be adequate. Consideration cannot be illusory. Consideration must not be past.
What are the six rules of consideration?
Rules of consideration
- The consideration must not be past.
- The consideration must be sufficient but need not be adequate.
- The consideration must move from the promisee.
- An existing public duty will not amount to valid consideration.
- An existing contractual duty will not amount to valid consideration.
Why is Pinnel’s rule unfair?
The Rule in Pinnel’s case, although much criticised by judges, since it enable the creditor to go back on his promise to discharge the debt and still claim the balance. This unpopularity gave way to a number of exceptions to the rule being developed and were allowed as exceptions by the courts.
What are the exceptions to the rule in Pinnel’s case?
Exceptions to the Rule in Pinnel’s Case Prepayment of debt at the creditor’s request; Payment of a lesser sum at another place at the creditors request; A contract with creditors after insolvency of the debtor; The parties enter into a deed of release; and.
What is Pinnel’s rule?
JOSEPH GoL* The rule that the promise to pay part of a debt or the payment of part cannot be consideration for a discharge of the whole debt has been referred to by Street as one of the “greatest mysteries of the common law.”‘ This rule is often referred to, particularly in England, as the Rule in Pinnel’s Case.