Posts in Category: International Law

Elements Need to be Satisfied Under New York Law to State an Unjust Enrichment Claim

To state a claim for unjust enrichment in New York, a plaintiff must establish that a) the defendant benefited; b) the defendant benefited at the plaintiff’s expense; and c) that equity and good conscience require restitution.  Ultimately, a court must be persuaded that it would be against equity and good conscience to allow a defendant to retain what the plaintiff seeks to recover. Id. at 9.

In Tasini, the Plaintiffs brought suit against the Defendants alleging, among other things, that the Huffington Post was unjustly enriched by its practice of soliciting and accepting unpaid written submissions for its website. Id. at 7.  The Plaintiffs further alleged that the Defendants unjustly denied them compensation for their independent promotion of the content.

 The Defendants moved to dismiss the suit claiming that the Plaintiffs failed to “demonstrate that equity and good conscience require restitution and, in the alternative, that the plaintiffs’ unjust enrichment claim is barred by the existence of an implied contract between the plaintiffs and the defendants.” Id. at 8.  The Defendants made clear to the Plaintiffs from the beginning that they would not be compensated for their voluntary contribution to the website.

The court noted that the essential inquiry in any action for unjust enrichment is whether it can be shown that equity and good conscience warrant restitution, which would therefore obviate the need for dismissal. See Id. at 9.  The court further noted that in evaluating whether equity requires restitution, New York courts look to whether the plaintiff has alleged an expectation of compensation that was denied.  Id. at 10. In this case, the Plaintiffs had full knowledge of the transaction and only expected to gain exposure from their contributions.  Ultimately, the court held that the complaint failed to plead an expectation of monetary compensation and the Plaintiffs therefore could not recover under their unjust enrichment theory.  Further, it was held that since the Plaintiffs contributed to The Huffington Post out of their own unprovoked desire, equity and good conscience did not support what was sought in this matter.

When bargaining, it is important that parties are clear about one another’s expectations.  Everything should be set in writing, if possible, before the transaction proceeds.  

EXECUTED CONTRACT

When both the parties to contract have completely performed their obligations, such contract is called an executed It means there is nothing left to perform by the concerned parties.

EXAMPLE

‘A agrees to sell his car to ‘B’ for Rs 50,000When ‘A’ delivers his car and ‘B’ pays the price, contract

is sard to be executed

EXECUTORY CONTRACT

i When the  parties to contract have yet to perfoiTn

their obligations, such contract is called an executory. It means there js something left to perform by the concerned parties.

EXAMPLE

‘A’ agrees to sell his car to *B’ for Rs. 50;000 *B* agrees to buy it. But no party has yet performed his pan of obligation. So it is an executory contract

(c)        UNILATERAL CONTRACT

DEFINITION

It is a contract in which only one party has to perform his part of obligation at the time of formation of the contract but the other parly having performed his pan of obligation before the contract comes into existence.

EXAMPLE

A has paid the fare Rs 700 for making journey
from Lahore to Karachi. It means he lias performed his part
of obligation. Now it is the duty of transport company to
cany him.                        ,

4.        DIVISION BY ENFORCEABILITY

According to enforceability, there are following types of contract.

(a)       Vaiid contract                     (b) Void contract

(c)       Voidable contract

(d)*    Unenforceable contract (e)    Unlawful contract

(a)      VALID CONTRACT

A valid contract is that which U enforceable by law. The object of such contract is to create the legal obligation between the parties. It enables one party to compel another party to do something or not to do something.

OBLIGATION OF PARTIES

(i)       It creates no legal rights between the parties (it)      It creates no legal obligations between the parties.

EXAMPLE

“A” agrees to sell his horse to *&” for Rs.5,OOG This horse at the time of agreement was in a village. it was settled that the transaction would be completed next day at village. When “A” and “IT reached the village they found the horse lying dead. The performance of contract becomes impossible because the horse was dead This contract will be regarded as void.

(c) VOIDABLE CONTRACT

DEFINITION

According to section 2(i)

“An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of other or others is a voidable contract.

Generally when the consent of o-ie party is obtained by fraud, misrepresentation, coercion o- undue influence, the contract becomes voidable at his option.

EXAMPLE

A compels B on gun point to purchase his motor cycle for Rs. 6000. B agrees. As consent of B waf obtained by coercion, so this is voidable contract at the option of B.

FEATURES

(i)       The contract is voidable at the option of the party
.                 whose consent is caused.

voidable contract can only be objected by the party who has been subject for fraud, undue influence or misrepresentation.

Contract  caused  by  fraud,   undue   influence  or misrepresentation are voidable contract

(iv)      U is enforceable at law atthe option of one or more of the parties. ,

(v)       If the contract is revoked by a person rightfully then he can also receive the compensation.

(d)      UN-ENFORCEABLE CONTRACT

It is a contract which is valid but cannot be enforced due to some technical defect or lack of any formality such as absence of writing, registration, stamp, attestation etc. Such contracts can be enforced after removing the defects

Similarly a bill exchange or promissory note though
valid in itself but after three years from the date of maturity
these become unenforceable.

The Following contracts are called unenforceable contracts 

(i)        A contract made by the parties verbally.   ‘ (ii)      “Contract made under the transfer property act are not in writing or not registered in the

 

OBLIGATION OF PARSTES

In case of unenforceable contract the parties may perform the contract But in case of breach of contract the aggrieved party is not entitled for legal remedies.

A borrows Rs. 50,000 from B and makes a promissory note. But he does not paste any stamp on it The contract is unenforceable as the pro note is not stamped.

(e) ILLEGAL OR UNLAWFUL CONTRACT

It is better to say here that illegal contract are not contracts so word illegal agreement should be used. Such agreement can never become contracts.

Section 23 states that an agreement is illegal and void if it.-

(a)      is forbidden by law or

(b)      is of such a nature that if permitted, it would defeat the provisions of any law or

(c)      is fraudulent or

(d)      it  involves or  implies  injury  to the’person  or property of an other or

(e)       The court regards it as immoral/ or opposed to public policy.

EXAMPLE

A and B enter into agreement to smuggle goods from qne country to another Such agreement is illegal

DIVISION BY APPLICATION

According to practical application, contracts are of the following kinds:

(a)       Contingent contract

(b)       Quasi contract

(c)       Wagering contract.

(d)       Contract of indemnity

(e)       Contract of guarantee

(0        Contract of Bailment

(g)      Contract of agency

WHAT IS VOID CONTRACT? WHAT ARE THE     CIRCUMSTANCES     UNDER     WHICH     A CONTRACT BECOMES VOID.?

VOID CONTRACT

DEFINITION

A contract which can not be enforced by either party is called a void contract.

In other words a void contract is that which is perfect in every respect and enforceable by Jaw at the lime when parties enter into a contract but afterwards due to happening of an uncertain event it becomes void.

FEATURES

(i)        It creates no legal rights between the parties.

(ii)      It creates no legal obligations between the parties.

(in)     Under this contract any party who has received any

benefit is bound to return ii                            (
(iv)      No compensation is paid to any party.

CIRCUMSTANCES UNDER WHICH A CONTRACT BECOMES VOID

IMPOSSIBILITY OF PERFORMANCE

Sometimes the performance of a contract becomes impossible after formation of a contract because of destruction of subject matter or some other reasons.

ILLUSTRATION

“A” agrees to sell his horse to “B” for Rsr5,GGG. This horse at the time of agreement was in a village. U was settled that the transaction would be completed next day at village. When “A” and “B” reached the village they found the horse lying dead. Tie performance of contract becomes impossible because the horse was dead This contract will be regarded as void.

SUBSEQUENT H.LEGAL1TV

Sometimes a legal contract becomes illegal’before performance and as a result void due to certain reasons.

ILLUSTRATION

A agrees with B to sell 100 tons sugar at Rs.2,GQQ per ton. But before the delivery the government ‘bans private trade in sugar. It is a contract which afterwards becomes void.

REJECTION OF VOID ABLE CONTRACT

A voidable contract becomes void, when the party whose consent is not tree, rejects the contract.

EXAMPLE

A compels B to enrer into a contract on gun point It is not a valid contract as consent of B is hot free. It is a case of coercion. This contract is voidable at the option of B. In case B rejects the contract, it becomes void

IMPOSSIBILITY  OF  EVENT  IN CONTINGENT CONTRACT

A contingent contract depends upon the happening of a certain event. If the event becomes impossible the contract becomes void.

International Law Salaries

According to the international law there is a special rate of the salaries which are given to the employs and this thing is related to the government officers and this process is only of a department and known as the clerical or bank staff so there is another thing salary of the bank staffs and for the clerical staff. There is a difference between the government officials and private employs the salary of the govt. persons are specifically given to the employs and through the banking system and the gratuity is also be provide to the govt. employs.

But on the other side there is no basic salary in the private sector and no gratuity also so in the private sector salary is providing according to the days of the month or to the hours of the day, this system is running in various nations and countries.

On the overview of the some of the great persons the international salary law is describing that there must be a salary for the given work to the persons and also grant to them special allowance. There is also missing some thing about the govt. salary system which is that some kind of allowance or also given to the employs that are known as house rent allowance, traveling living allowance, dearness allowance are some basic allowances for the govt. sector. But no allowance is special for the private workers who are under private sector.

The fair labor act is a federal wage law that sets the federal special and important requirements for the employee their wages and working hours. The FLSA requirements employers to pay their employees the specified federal minimum wage, the law does not exclude the salaries of those people who are working privately and paid in some other way. If employees are paid a salary, or at piecework rate, or if employees pay includes tips they are still entitled to receive pay that is the equivalent of the minimum hourly wage rate.

In many countries there are some companies there is a rule that only lawyers may have an ownership interest in or be managers of a law firm. So law firms may not quickly raise the capital through initial public offerings on the stock market like most corporations. Some nations or countries have also considered the salaries of the lawyers, like in the immigration lawyers earn salaries based on a variety of factors. Company size and geographic location play the most necessary lawyer earns.