Frustration Of Contracts

  • Contracts

    CONTRACTS Stages in the life of a contract: 1. Preparation/Generation 2. Perfection/Birth 3. Consummation/Death Characteristics of Contracts: (ROMA) 1. Relativity (Art. 1311) 2. Obligatoriness & Consensuality (Art. 1315) 3. Mutuality (Art. 1308) 4. Autonomy (Art. 1306) Stipulation pour Autrui - stipulation in favor of a 3rd party. Requisites: 1. The stipulation must be part, not whole of the contract; 2. the contracting parties must have clearly and deliberately conferred

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  • Contracts

    CHAPTER 1 LAW OF CONTRACTS 2 Business Law Including Company Law 1.1 NATURE OF CONTRACT [Sections 1–2] INTRODUCTION We enter into contracts day after day. Taking a seat in a bus amounts to entering into a contract. When you put a coin in the slot of a weighing machine, you have entered into a contract. You go to a restaurant and take snacks, you have entered into a contract. In such cases, we do not even realise that we are making a contract. In the case of people engaged in trade

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  • Contract

    Issues in contracts * Was a contract formed? * Did the parties perform (or have a defense to performance? * What remedy is appropriate? * Nonperformance defenses: * Mistakes: both parties have to make the same mistakes Remedies * Monetary damages * -general, consequential * Liquidated damages- * Specific performance- * Rescission-judge says both parties are stupid so can’t sign the contract; contract doesn’t exist because no one knows what they’re talking

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  • Contracts

    Contract is an agreement between two or more persons (individuals, businesses, organizations, or government agencies) to do or to refrain from doing, a particular thing in exchange for something of value. Contracts can be generally written using formal or informal terms or they can be entirely verbal. In Malaysia, Contracts are governed by Contract Acts 1950 (revised 1974) by virtue of Section 5 Civil Law Act 1956. In Section 2(h), CA 1950, a Contract is an agreement enforced by law and social

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  • Contract

    advice, enters into a contract upon terms which are very unfair or transfer property for a consideration which is grossly inadequate, when his bargaining power is grievously impaired by reason of his own needs or desires, or by his own ignorance or infirmity, coupled with undue influence or pressure brought to bear on him by or for the benefit of the others.”[1] INTRODUCTION The laws in contract must make sure that the parties which dealing must have freedom of contract which it means where

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  • Contract

    Awesome Wood to Germany This contract of Sale of Good made and effective this 24.12.2012, by and between Germany as buyer and Awesome Ltd as a seller. (CISG Article 1) Awesome Ltd desires to sell to Germany, and Germany desires to purchase directly from Awesome Ltd, certain personal property. Therefore, in consideration of the mutual promises herein contained, the parties hereto agree as follows: 1. Sale. Awesome Ltd agrees to sell, transfer and convey to Germany, and Germany agrees to purchase

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  • Frustration

    FRUSTRATIONS WHAT IS FRUSTRATION? FRUSTRATIONS • Frustration: Negative emotional state that occurs when one is prevented from reaching desired goals. • Described as a feeling of dissatisfaction or discouragement that occurs when an individual’s needs, goals or expectations are not met. CAUSES OF FRUSTRATIONS • External frustrations – based on conditions outside of the individual that impede progress towards a goal • Based on delays, failure, rejection, loss, others blocking your

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  • Contracts

    Contracts University of Phoenix Law 531 Instructor: Professor Shanrika Hall Contracts There are many types of contracts used everyday. When two different companies go into business together, it is very wise to create a contract. A contract is “an agreement that is enforceable by a court of law or equity” (Cheesemen, 2010, p 153). Span Systems, a large prestigious banking software company, and Citizen Schwarz AG (C S), a German bank, agree on

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  • Contracts

    (SS) subject: Contract with Citizen-Schwarz AG (C-S AG AG) date: September 27, 2010 cc: Kevin Grant Project Director for Span Systems ------------------------------------------------- As you may be aware we are currently in a one year contract with Citizen-Schwarz, a German Bank. This contract is one of our largest and most prestigious banking software projects worth $6 million and upon completion it could potentially lead to obtaining the e-CRM order. Our contract with C-S AG meets

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  • Contracts

    Contracts Chris C. Zimmer Grantham University Abstract: This paper discusses the four elements of a valid contract and identifies and defines each element thoroughly. Contracts A contract is a binding agreement between two are more parties that involves a promise or several promises that are enforceable in courts. There are four elements are required to exist for the formation of a contract. They are that the agreement that is a manifestation of the parties’ mutual assent, a bargained-for

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  • Contracts

    environment of business and employment | | BFL0041 | Student Number | | Tutorial Group No | | Taught by (Tutors Name) / Supervisors Name | U1257644 | | D | | Jackie lane | Course | | Assignment Title | Accountancy and finance | | Contracts in business | Unless you have been notified otherwise, this coursework must be submitted through turnitin by 11.59PM on the given hand-in date.It is YOUR responsibility to print Assignment Coversheets for manual submissions. You are advised to

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  • Contracts

    Different kinds of Legal Contracts Teneisha Bonner BUSN150-1303A-03/Professor Smith August 11th, 2013 Abstract One of the main attributes of an advanced community is the legal obligation contract, which permits individuals to make promises with one another knowing that they have legal options in the circumstance of a violation of the deal. Contract regulation in the United States is based on common law and it sometimes varies by other states and even with federal circuits. In this paper,

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  • Contracts

    Contracts Just because the contractor has been selected as the winner does not mean the contractor can start doing the work. Before the project can proceed, a contract must be signed between the customer and the contractor. A contract is a vehicle for establishing good customer–contractor communications and arriving at a mutual understanding and clear expectations to ensure project success. It is an agreement between the contractor, who agrees to perform the project and to provide a product or

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  • Law of Contract

    Doctrine of frustration is that it is an unforeseen event which occurs and makes the contract impossible to perform as well as the fact that neither party is at fault nor is it a way to escape a contract or obligation so therefore is not a vitiating factor either. There are several ways where contract may be frustrated this is where for instance impossibility of performance occur due to a frustrating event, so when a it is impossible to carry out the contract as it can be destroyed or inaccessible

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  • Frustration of Contracts

    INTRODUCTION Frustration of contract is employed when performance of the obligations by any of the parties becomes impossible due to external factors without any fault of any of the parties. It must be remembered that it applies to those cases of subsequent impossibility and not to those which are impossible right from the outset. The doctrine of frustration was devised for a different class of cases of contracts in which the circumstances so occur that the execution of the contract as required by

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  • Contracts

    explaining the essential elements of a contract and the applicable remedies in the event of a breach What is required for a valid offer? How can one accept an offer? What is the concept of consideration and what form(s) can consideration take in creating a contract? What factors must be considered in assessing the legal sufficiency of an offer, acceptance, and consideration in determining whether a contract is enforceable? In the event that a contract is formed and subsequently broken, what

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  • Contracts

    Contracts Assignment 2 1. Yes the acceptance is binding. Per UCC § 2-206 any “reasonable” method of acceptance is valid Including: * Verbal acceptance * Acceptance by action that implies an acceptance * Shipping in response to an order of goods * Silence; if the offeree fails to return something that she was supposed to return if she wasn’t going to buy it or in another case where silence can reasonably be interpreted to be an acceptance. In this matter Terra, Inc., orally

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  • Contracts

    Watches,” in Chicago IL for not following through with their agreement? Is the contract irrelevant because it was not reduced to UCC Statute of Frauds? According to Section 2 of the UCC Statute of Frauds, Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against

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  • Contract

    1.0 Introduction 1.1 Basic Elements of Contract In order to form a valid contract, each agreement must fulfill some important elements which are stated in Section 10 (1) of Contract Act 1950, “All agreements are contract if they are made by the free consent of parties competent to contract, for a lawful object, and are not hereby expressly declared to be void.” This section emphasizes the legal contract, the willingness and the parties capable of contracting and consideration which are all part

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  • Understanding Application User Frustrations

    itself, but also the cause personal discontent and unintentional humility. In computing and information technology, user frustration is a persistent problem arising due to varied masses of users and ambience, workplace, differences. The quality of user experience and feedback is of utmost importance of success for any application. In this paper, we identify reasons for user frustrations and with special emphasis to disabled population suggest ways for better serving theses masses. Average users lose time

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  • Contracts

    When entering into a contract, it is important to note the elements of what makes a contract a legal binding agreement between two parties. The Theory to practice case is between Mr. Chou and BBT. Mr. Chou agreed soul distributorship on a 90-day contract agreement in return that BBT paid a sum for Mr. Chou’s product. Agreement, mutual assent, consideration, and capacity legality made up the two parties entrance into the contract. As in the case of BBT and Mr. Chou all contracts have differences to

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  • Contracts

    CONTRACTS Stages in the life of a contract: 1. Preparation/Generation 2. Perfection/Birth 3. Consummation/Death Characteristics of Contracts: (ROMA) 1. Relativity (Art. 1311) 2. Obligatoriness & Consensuality (Art. 1315) 3. Mutuality (Art. 1308) 4. Autonomy (Art. 1306) Stipulation pour Autrui - stipulation in favor of a 3rd party. Requisites: 1. The stipulation must be part, not whole of the contract; 2. the contracting parties must have clearly and deliberately conferred

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  • Contracts

    Under English law a contract is defined as “an agreement made between two or more parties which is legally binding on them”. Jones, L., p.87. For a contract to be binding it must contain the elements of agreement, consideration, intention to create legal relations, compliance and the capacity to contract. A contract can be made verbally, by conduct or in writing. Contracts may also be bilateral or unilateral in nature. Agreement means there is

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  • Contracts

    By MMArias Contract Wording When parties decide to enter a contract, the parties should meet and agree on the context of the contract. The context of the contract should be worded precisely with the expectation, payment, consequences if contract breached, communication to be held by parties, delivery time, and expectations of the product. When Citizen Schwarz AG and Span Systems decided to do business together, the contract created by both parties contained ambiguous wording that could be

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  • Contract

    Essential Elements of Contract A contract is agreement enforceable by law. Every contract is an agreement but every agreement is not necessarily a contract. An agreement becomes contract only when it possesses certain essential elements. The presence of these features in the agreement gives it legal enforceability. 1. Valid offer Any agreement between two or more parties begins with an offer. An offer is made when one person signifies to another his willingness to do or abstain from doing something

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  • Contract

    Betty v. Art Issue: Was there a valid contract between Betty and Art? Formation For there to be a contract, there must be an offer, acceptance and consideration. Offer Issue: Whether there was a valid offer between Betty and Art? Under the restatement §24, an offer is the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his/her assent to that bargain is invited and will conclude it. In determining whether there is

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  • Contract

    Contract for Transportation Services NORTH CAROLINA COUNTY OF Transportation Agreement THIS AGREEMENT, as set forth herein between (transportation system), and (hereinafter referred to as “County”), (human service agency) (hereinafter referred to as “Agency”) represents a mutual understanding and agreement whereby County will provide to Agency certain services as set forth below. I. PURPOSE The purpose of this Agreement is to provide efficient and effective specialized transportation

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  • Contracts

    Client Name 02. Introduction 03. Project Overview & Objectives 04. Mobile Website / Mobile Applications Development Strategies 05. Analytics 06. Secure Hosting 07. Maintenance 08. Client Responsibilities 09. Monthly Fees 10. White Label Contracts 11. Billing Schedule 12. Terms and Conditions (YOUR COMPANY) is pleased to submit a proposal for the development of a mobile app to (CLIENT NAME). The terms of this proposal are valid for up to sixty days after being presented

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  • Contract

    Better Practice Contract Management Framework Better practice element Comment: What is required and why Governance Agencies’ contract management delegations are clear and consistent with general financial delegations Define oversight, financial and management controls. • Agencies’ general financial delegations should take precedence over contract management delegations, such as signing the contract. • Contract management delegations should escalate based on the risks

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  • Contract

    then be in breach of contract as he has not fulfilling this end of the contact, however keeping his age in mind and that the bike is not a necessary Simon would not be liable to pay. Case – Nash v Inham 2. Giving that Les is up to date with his payments and has complied with all parts of the policy then the Xexon Ltd would need to provide written explanation as to why they are refusing to pay failure to provide a written explanation would be a breach of contract as insurers have the

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  • Contracts

    applies regardless of whether either party is a merchant. 2 However, some UCC rules require one or both parties to be a merchant. 2 UCC 2-105 (definition of “goods”) 1 All things which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid. 3 UCC 2-104 (definition of “merchant”) 1 A person who (1) deals in goods of the kind or (2) otherwise by his occupation holds himself out as having knowledge or skill peculiar

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  • Contracts

    applicable to your organisation. Now, coming to the contracts encountered in organisations. The first contract we will discuss in brief is the contract with the employees: Contracts of employment Key points • A contract of employment is an agreement between an employer and employee and is the basis of the employment relationship. • Most employment contracts do not need to be in writing to be legally valid, but it is better if they are. • A contract 'starts' as soon as an offer of employment is accepted

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  • Contracts

    Project 1 BUSN210 Phillippa Webb 11/20/15 A contract is a legally binding agreement between competent parties and can be written, spoken or implied. A contract is valid and enforceable when the following things exist, an offer, the acceptance of the offer, it must be legal, consideration and it must be fair for all involved. Contracts can be written, verbally or even implied, however the best type of contract is written. Ever heard the saying get it in writing, that is because when things

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  • Contracts

    Question 1-a The main contract requirements are: 1. the agreement of the parties 2. the consideration 3. the object, what we are dealing with? 4. form requirements, when that is required by law under pain of nullity The essential elements of the contract are, therefore, almost the same as the legal transaction, it is true, however, that some of these have the typical characteristics, we begin with the agreement. Agreement is the meeting of the wills of the parties, constitutes the equivalent

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  • Contracts

    ANS: For managing contracts it is important to break down contract management in to three phases. 1. Planning, Solicitation and Bidding (Preward) 2. Negotiation and Signing (Award) 3. Implementation (Post ward) In contract management process these phases comprise six major activities for the seller. 1. Buyer Procurement Planning: The process of identifying which business needs can be best met by processing products or services outside the organization. Seller Presales

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  • Contract

    Proposal, nor will it be made part of any resulting contract. The QASP is provided in order to give the Contractor an understanding of the Government’s Quality Assurance Surveillance Efforts for this contract. It is designed to aid the Contracting Officer's Representative (COR) in providing effective and systematic surveillance of all aspects of the Fort Huachuca Directorate of Logistics Base Operations Services being provided under the contract. B. Purpose: 1. The purpose of the QASP

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  • Frustration

    A contract is defined as a legally binding agreement made between two or more persons. It is necessary that certain elements be fulfilled for a contract to be legally enforceable, that is, an unequivocal offer and acceptance between the contracting parties, applicable consideration, intention to create legal relations and sufficient capacity. The first issue to be resolved is whether the doctrine of frustration would discharge the contract between Edmund and Fiona and secondly, whether any monies

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  • Contract

    City General Conditions of the Contract PEEDMO-BPH & PEEDMO-PHS (Val) 1. Definitions 1.1 In this Contract, the following terms shall be interrupted indicated: a) “The Contract “ means the agreement entered into between the PROCURING ENTITY and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. b) “The Contract Price” means the price payable to the

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  • Contract

    Contracts: A contract is an agreement that creates obligations that are enforceable by the law. A contract can either be written or spoken. There are elements to a contract that make it valid and binding. This is defined as a clear manifestation of willingness to enter an agreement made by another person with full understanding that their assent to the bargain is an invitation and is concluded. As to whether there was an offer in this case, yes there is an offer. When the salesman offered the buyers

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  • Contract

    Contract This contract for the rental of a venue is made this day, 03/27/2016, by and between Sport Palace "Dinamo", hereafter referred to as the Owner, and Sports club "Dinamo" (Moscow), hereafter referred to as the Renter. Whereas, the Renter desires to temporarily rent, occupy, and make use of the Owner's venue, located at Lavochkina st., 32, Moscow, Russia and known as Sport Palace "Dinamo". Whereas, the Owner agrees to such rental, occupation, and use in consideration of certain payments

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  • Oppression: Seizing the Frustration

    Allen Alinea Professor Kong Chinese Literature Translation I 30 April 2008 Oppression: Seizing the Frustration Throughout China’s long and ever-changing history, it was the people who had to go through the times of warring states and foreign invasion. From the Zhou Dynasty to the renaissance of the philosophical ideas of Confucius to the twentieth century occupation by the Empire of Japan, China has a long history of social oppression. Despite the destruction of many ancient writings

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  • Contracts

    a review of the Offer and Acceptance video I opted to go with Option 3, creating a contract that clearly states in writing the implied terms of the contract verbally communicated in the contracts. A contract is not a replacement for trust; it is the basis for trust. “Contract administration starts with developing clear, concise performance based statements of work to the extent possible, and preparing a contract administration plan that cost effectively measures the contractor’s performance and

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  • Contracts

    Time and Material Contracts Scott L. Earle Con 280 - Source Selection and Acquisition of Service Contracts March 12, 2012 Various DAU Faculty from Huntsville, AL Campus Time and Material Contracts Department of Defense (DoD) Contract Officers and Contracting Specialists are tasked with being the stewards of the American taxpayer’s hard earned dollars and it is a responsibility they take personally. Acquisition personnel are tasked with utilizing the proper contract vehicle to procure

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  • Contracts

    Client. A usable copy of this contract follows this explanation. All the first part, above, is doing is stating that this contract is between (fill in your name) and the client. (Fill in his personal name, company name, address). The client may want to have his attorney see this contract. 1. Purpose of Agreement: Circumstances have lead Client to believe that he, or other parties, are being targeted by criminal forces of some kind and he hereby agrees to contract with Bodyguard to provide personal

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  • Contracts

    A contract is an agreement between parties, with terms and conditions that describe the agreement, that constitutes a legal obligation. Contracts provide the means for individuals and businesses to sell and otherwise transfer property, services, and other rights. The four elements of a valid contract are agreement, consideration, contractual capacity, and lawful object, in order for a contract to be enforceable all four of these requirements must be

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  • Contracts

    Commercial Transactions (Contracts) There are four elements of a valid contact and they are as follows. The first element is an agreement. An agreement can be between individuals, individuals and companies or companies and companies. The second element is consideration. With having consideration this is the most common when there is money exchanged for services that were provided or also goods that were exchanged. The third element is contractual capacity or where the parties are qualified

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  • Contracts Can Be Declared Void If the Conditions of the Contract Become Impossible (Aka the Doctrine of Frustration). However, the Doctrine Cannot Be Invoked Just Because One Side Is Going to Lose a Lot of Money on the

    Chapter 19 Performance and breach of Sales and Lease Contracts Case 19.1 352 N.Y.S.2d 784 76 Misc.2d 1080 MAPLE FARMS INC., Plaintiff, v. CITY SCHOOL DISTRICT OF the CITY OF ELMIRA, New York, Defendant. Supreme Court, Special Term, Chemung County. Feb. 1, 1974. CHARLES B. SWARTWOOD, Justice. This is a motion for summary judgment in an action for declaratory judgment whereby the plaintiff seeks, first, a determination that the contract wherein the plaintiff agreed to supply milk to the

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  • Contracts

    1. Invitation to Treat v. Offer to the World at Large A contract may be defined as ‘a promise or set of promises which the law will enforce’ or as ‘an agreement giving rise to obligations which are enforced or recognized by law’ . An ‘offer’ is an expression of willingness to contract made with the intention (actual or apparent) that it shall become binding on the person making it as soon as it is accepted by the person to whom it is addressed . An offer may be addressed either to an individual

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  • Contract

    STANDARD FREEDOM COUNTY CONTRACT 3/97 ©Copyright 1997 Freedom County Bar Association, Inc. All Rights Reserved. (Any change in the text without authorization shall constitute copyright infringement under the Copyright Act of the United States.) THIS CONTRACT FORM HAS BEEN APPROVED BY THE FREEDOM COUNTY BAR ASSOCIATION AND THE FREEDOM COUNTY BOARD OF REALTORS. ATTORNEY APPROVAL: This Contract is contingent upon PURCHASER and SELLER obtaining approval of this Contract by their respective attorneys

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  • Effi's Creative Frustration

    Effi's Creative Frustration Trickery. Taboos. Punishments. All are common and frequent in the unfortunate history of female characters and protagonists. Eve bites the forbidden apple and forces mankind out of the Garden of Eden. Hester Prynne commits adultery and, marked forever by the brazen scarlet letter on her bosom, is shunned by her community. It then comes to no surprise that Effi Briest, the ambitious wife of a successful baron, is ostracized after her youthful affair in the novel Effi Briest

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