10 Questions
What is the main issue raised by B in the given scenario?
That there has been no breach of contract by B, and even if there was, S was not entitled to rescind or resolve the contract without resorting to judicial process.
Why is B's plea for special treatment in the contract cancellation rejected?
Because B has not come with clean hands and has willfully breached the contract, thereby forfeiting its right to plead for equity.
What is the binding law between S and B in the given contract?
The contract between S and B, entered into with the assistance of counsel and with full awareness of its terms and conditions.
What is the court's stance on corporations in relation to contracts?
That corporations are not entitled to considerations of equity and are bound by the lawful contracts that they enter into.
What is the determining factor in the validity of a contingent fee agreement?
The reasonableness of the stipulated fees under the circumstances of each case.
What is within the regulatory powers of the courts in relation to attorney's fees?
The reduction of unreasonable attorney's fees to protect clients from unjust charges.
What is the implication of B's failure to comply with the contract terms?
That B has forfeited its right to plead for equity and is bound by the contract terms.
What is the role of counsel in the contract between S and B?
The contract was entered into with the assistance of counsel.
What is the court's stance on the concept of 'corporations are people'?
That it is a fiction and corporations are not entitled to considerations of equity.
What is the significance of the contract terms and conditions in the given scenario?
The contract terms and conditions are the binding law between S and B, and they must comply with them in good faith.
Understand the court's power in determining attorney's fees in contracts, as per Article 1159 of the Obligations Law. Learn about the limitations of contractual agreements and the role of courts in enforcing them.
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