Contract Law - 1487 Words
By the case of Hughes v Metropolitan Railway Co the doctrine of Promissory Estoppel was establish and the derivation of modern doctrine of it is to be found in the
The doctrine of Promissory Estoppel was first developed but was lost for some time until it was resurrected by Lord Denning in the leading case of Central London Property Trust Ltd v High Trees House Ltd.
There are three exceptions to the rule in Pinnel's case. They are composite agreement, payment of...
1,487 Words | 5 Pages
Contract Law - 2561 Words
“The mere existence of the core elements of offer, acceptance, and consideration will not guarantee a legally enforceable contract”. Discuss.
A contract is an agreement which normally consists of an 'offer' and an 'acceptance' and involves the 'meeting of the minds' or consensus between two or more parties with the intention to create a legally enforceable binding contract. Therefore in this essay, the four core elements needed for the formation of a contract such as offer, acceptance,...
2,561 Words | 7 Pages
Contract Law - 2339 Words
A contract is formed when one of the parties has to accept an offer made by the other. Here, David places an advertisement in the local newspaper of a reward, £1000 for the safe return of each of his six cats. This shows he is making an offer to all the readers of the Daily Bungle. An offer is defined as follows:
“An offer is a statement of the terms upon which the offeror is prepared to be bound if acceptance is communicated while the offer remains alive1.”
The critical aspect...
2,339 Words | 6 Pages
Breach of contract - contract law
Topic 3: Breach in contract
1) Breach of contract:
Spanish Contract Law provides a broad notion of breach of contract for any behavior that
departs from the specified behavior in the contract in any way (time, quality, substance, etc.)
or is not specially justified on legal grounds (actions forbidden by the government are not breaches
since they are justified on a legal ground).
The general benchmark to determine breach is the contract agreed by the parties themselves, and
2,744 Words | 9 Pages
All Contract law Essays
Contract Law - 1355 Words
Unlike other civil law legal systems, such as the German one and the American one, United Kingdom’s (UK) and Hong Kong’s (HK) do not recognize the approach of general principle of good faith in contract law, as illustrated in Walford v Miles1. Yet, good faith should be promoted in UK and HK because one should value fairness in the whole course of dealing, from the point of pre-contractual negotiations till the discharge of he contracts. This essay aims at showing the merits of a...
1,355 Words | 4 Pages
Contract Law - 2681 Words
Business Law Assignment;
Mistake in contract law, is a factual misunderstanding that may lead to a failure of a meeting of the minds. Unilateral mistake is mean that is only one party is mistaken, but the other party knows, or ought reasonably to be aware of the mistake. Contract may be void or voidable. Void is a contract that is no legal effect. While, voidable is an agreement that may be affirmed or rejected at the option of one of the party. The reason why Lord Denning took the view that...
2,681 Words | 8 Pages
Contract of Law - 1055 Words
Is there a valid contract between Danny and Rahul? Is the contract frustrated? Does Rahul need to pay the fee? Is there a breach of contract? Can Rahul sue Danny?
An offer can be defined in Section 2(a) Contract Act 1950 (here in after referred to as CA 1950) as “When one person signifies to another his willingness to do or abstain from doing, with the view to obtaining the assent of that to the act or abstinence, he is said to make a proposal”. Under the CA 1950 and...
1,055 Words | 3 Pages
Contract Law - 4963 Words
GENERAL PRINCIPLES OF THE LAW OF CONTRACT
S.2(h) Contract Act 1950 : An agreement enforceable by law. Legally binding between parties.
Legislation governing contracts: Contracts Act 1950 English Law - By virtue of S.5 of the Civil Law
Act (When there are no provisions in the Contract Act)
OFFER / PROPOSAL
S. 2(a) Contracts Act
“When one person...
4,963 Words | 28 Pages
law contract - 481 Words
Sample Contract Exercise
Contracts are the bloodline of business. Thus it is absolutely crucial that you understand what you are or your business is signing. We have looked at some common clauses found in contracts like restraint of trade clauses, exclusion clauses and liquidated damages clauses. In addition to these, there are many other common clauses and the purpose of this exercise is to highlight these clauses as well. If you do a simple search in the Internet you will realize that many...
481 Words | 2 Pages
Contract Law - 1329 Words
England's contract law is consisted of several laws and they can not be written or at least explained in a student's assignment, which is consisted of 1000 words. Despite that I will try to outline the main points of the contact law and explain briefly what each means. On the second point I will explain the little difference between the English contact law with the equivalent contract law of my home country which is Cyprus. I wrote "little differences " because, Cyprus is...
1,329 Words | 5 Pages
The Law of Contract - 2392 Words
BASIC Bank Limited
Head Office, Dhaka.
THE CONTRACT ACT, 1872
Md. Hasan Imam
The law of contract is the foundation upon which the superstructure of modern business is built. It is frequent that in business transactions quite often promises are made at one time and the performance follows later. The law of contract is applicable not only in business community, but also to others. Everyone of us enters into a number of contracts almost everyday,...
2,392 Words | 11 Pages
Contract of Laws - 6456 Words
The law of contract is the collection of legal rules which govern contracts. These rules, in turn, are part of the law of obligations, a subdivision of the law of property which is traditionally regarded as part of private law. Private law governs the persons (legal subject) in their personal or private capacity before the law in relation to other legal subjects. In other word, private law can be defined as balance and protect legitimate individual interests.
6,456 Words | 18 Pages
Contract Law - 2112 Words
DISCHARGEMENT OF CONTRACT
The law of contracts forms a substantial part of our various relationships that can have some sort of influence over us on an almost daily basis – even when there is no physical contract in front of us we may still be privy to some sort of contractual obligation. Alternatively, if you’re a fan of social theorists such as...
2,112 Words | 8 Pages
Law of Contract - 5270 Words
A contract intends to formalize an agreement of two or more parties, in relation to a particular subject. Contracts can cover an extremely broad range of matters including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute and ownership of intellectual property developed as part of work for hire.
Essential Elements of a Contract
* Clear certain and communicated agreement. Meaning that the parties are...
5,270 Words | 15 Pages
Contract Law - 565 Words
Informal Seminar Assessment B
In order to able to outline the contract law on capacity in the light of this statement basically means how does the contract is being issued to the lay people who has no or little knowledge about law and how does it seek to protect the interests of those making the...
565 Words | 2 Pages
law of contract - 566 Words
EXERCISE 1: This exercise is about offer and acceptance.
John, a homeowner, answers the telephone and listens to a solicitor make a five-minute sales pitch for Weed Gardening Services. John responds, “No, thank you,” and hangs up. Two days later, John returns home from work to find a crew gardening in his yard and a bill for $200 sitting on the porch. When John tells the Weed representative that he never asked for this service, Weed responds by saying, “It looks much better, doesn’t it? You...
566 Words | 2 Pages
Contract Law - 2568 Words
Different approach taken by the Court of Appeal in Williams v Roffey was it fair or not?
It is commonly accepted within the English Contract Law that the models of contractual fairness must exist in contractual disputes. Essential to these models is the doctrine of consideration and the principles that comes under the doctrine of consideration such as laws derived from both Williams v Roffey (1990) and Stilk v Myrick (1809).
Starting with the development of the doctrine of consideration and...
2,568 Words | 6 Pages
Contract Law - 2311 Words
Table of Contents
1.0 Introduction 2
2.0 Main Body 3
2.1 Offer & Acceptance 3
2.2 Consideration 4
2.3 Discharge of contract 5
2.3.1 Discharge by Breach 5
2.3.2 Discharge by Performance 5
2.4 Remedies 6
2.4.1 Unliquidated Remedies 6
2.4.2 Injunction Remedies 6
2.5 Intention to Create Legal Relations 7
2.6 Free Consent 8
2,311 Words | 8 Pages
Contract Law - 2690 Words
Unit 21- Aspects of contract and business law
Assignment 1 - Understand the legal requirements for a valid contract
Task one (p1)
Identify the legal criteria for offer and acceptance in a valid contract
A contract is defined as a legally binding agreement and are very important in business. This is because:
* it is risky to enter into a business arrangement without some form of contract
* this is because, in the event of something not going as planned, a business contract is...
2,690 Words | 9 Pages
Contract Law and Business Law Quiz
BSAD 18 Business Law
Quiz 2 - Chapters 13 – 20.
Name: ____________________________ Date:_____________________
1. The assent of parties to a contract must be voluntary.
2. Assent may only be demonstrated by words.
3. Assent may still be present even if a party entered into a contract based on mistake.
4. A fraudulent misrepresentation may be used to show that genuine assent was lacking in a...
840 Words | 5 Pages
Contract Law Test Questions
What is the definition of a contract?
An agreement between two or more parties for the doing or not doing of something specified.
Describe the various types of contracts.
1) Bilateral and Unilateral
2) Express and Implied
3) Executory and Executed
What elements does a contract need to be enforceable?
What elements would constitute a discharge of a contract?
1) Material breach
2) Minor breach
3) Anticipatory breach...
3,081 Words | 18 Pages
Contract & Agency Law - 3368 Words
Payment, similar to consideration, is one of the four elements of a contract. Consideration is something of value in a contract or agreement between two parties. Both parties must be providing something of value to the other party. It is an act or promise to do (or not to do) something in return for value and the value given is enforceable. All the law need is ‘valuable consideration'. For example, if Jack has offered to pay S$10 for a hammer worth S$100, that is considered valuable...
3,368 Words | 11 Pages
Importance of Contract Law - 508 Words
Contract law serves as your protection in every legal agreement you make in life. Contract law makes these agreements "enforceable", which usually means that it gives the party the power to compensate and obtain money damages caused by the other party due to a breach of contract. The contract itself creates an obligation or duties to do and rules to follow by both parties if either of the party fails to follow the agreement, remedies can be provided by law if the contract is legal and has the...
508 Words | 2 Pages
ASPECTS OF CONTRACT LAW 1
ASPECTS OF CONTRACT LAW
1) A contract by definition is a form of agreement that binds two or more parties who can involve in a legal relationship and will be bound to perform according to the terms and conditions that are agreed upon in the contract.
2) The essential elements of a contract are:
Agreement: it is determined by the regulations of offer and acceptance. It is the most essential element and the very first one. An agreement is made when the offerer proposes his offer and the...
1,103 Words | 3 Pages
Contract Law Exam Notes
Step 1. Determine whether the meaning of the representation is false or not – objective test
Step 2. Three possibilities of a misrepresentation:
1) It is a term of the contract;
2) It constitutes a collateral contract;
3) Does not acquire contractual status at all.
Step 3. Results:
1) Rescission of the contract;
2) Damages in tort (if the tort of deceit or the tort of negligence can be made out)
Smith v Lane & House Property Corp
13,303 Words | 47 Pages
Contract Law Assignment 3
This assignment involves me:
* Explaining the law with respect to consumer protection
* Analysing how consumers are protected in the event of a breach of contract for sale of goods
* Describing remedies available for breach of contract
* Analysing the remedies available to a business provider in the event of a breach of contract for the supply of goods or services
Heep Ltd want to leave some lorries for two weeks at micawbers garage, the following morning heep received a...
6,715 Words | 18 Pages
Privity and Law of Contract - 5771 Words
QUESTION -1 3
The Doctrine of Privity 3
The meaning, history and evolution of the doctrine 3
Relationship between privity and consideration 4
Privity under different laws 5
PRIVITY AND THE LAW OF AGENCY 5
Privity and Agency by Estoppels or Holding out 6
Privity when Sub-agents or Substitute agents are appointed 6
PRIVITY AND THE LAW OF PARTNERSHIP 7
Privity and the act of civil and criminal liability of partners 8
Privity and the liability for holding out 8
PRIVITY AND THE...
5,771 Words | 16 Pages
Contract law terms - 8225 Words
Intro and formation of contracts
. Basic Legal Contract Principles
People have a right to contract – conduct is voluntary.
Anything that takes away voluntariness is questionable, e.g., duress, economic duress, fraud, coercion.
People have right to breach. But must place other party in the same position for which they contracted, so must pay them damages.
If legal remedy does not work and P is entitled to be placed into performance, then must order specific performance. Specific...
8,225 Words | 28 Pages
Business Law Contracts Essay
LEGT 1710 Assignment 2
Harry (H) who is the father of James (J) is attempting to sue J for a breach in contract and is seeking damages of $30,000 which he believes is the outstanding amount that is owed to him by J. This case touches on the fundamental concepts of contract law where H can only claim damages if the formation of a valid contract between the two parties is evident via the elements of a contract, including intention, agreement, consideration, legal capacity, genuine...
2,310 Words | 7 Pages
Laws on Obligation and Contracts - 10324 Words
CHAPTER 2: Nature and Effects of Obligations
Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (1094a)
3 kinds of prestations in obligations:
• To give real (there is some physical thing which may be the subject of possession, the delivery of which completely discharges the obligation)
• To do
• Not to...
10,324 Words | 34 Pages
The Argument of Frustration in Contract Law
The argument of frustration in contract law can be a difficult precedent to establish. Not to be confused with a contractual mistake, frustration occurs when performance is made impossible or is fundamentally changed. Generally, when frustration occurs the party suffering loss is established on whom ever provided services before the frustrating event, or to the party having already paid a deposit or owing money before frustration date. Self-induced frustration on the other hand is considered a...
625 Words | 2 Pages
business law :Breach of Contract
What is a "Breach of Contract"?
A business contract creates certain obligations that are to be fulfilled by the people or companies who entered into the agreement. In the eyes of the law, a party's failure to fulfil an end of the bargain under a contract is known as a "breach" of the contract. Depending on the specifics of the contract, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform...
721 Words | 3 Pages
Contract Law - Paper - 1054 Words
The existence of contract law is to prevent any sort of illegal behaviour, injustice and to clarify any confusion or misunderstanding amongst the offerror and the offeree. Everybody in this world is an offeree as we all purchase goods and services to meet our personal needs and if our expectations are not met, there is a problem which is why the contract is created for both parties to follow. However, if either of them fails to do so, then they are in breach of contract and the aggrieved party...
1,054 Words | 3 Pages
Contract Law Assignment 1
Elaborating shortly on the case given, it can be seen that David, the offeror, places an ad in the newspaper Daily Bungle, in which it is responded by six different participants (offerees). Unfortunately, one of the cat, Bimmie, is injured and this made David to terminate the contract. In relation to this case, the offer and acceptance, thus the making of agreement, has been established. Offer, is when an offeror offers anything to the offeree, then the offeree makes an agreement through...
2,887 Words | 7 Pages
Contract and Business Law - 9593 Words
CONTRACT & AGENCY LAW
JULY 2012 PRESENTATION
Submission Date : 08 Sept 2012
As there are different parts to “Clause 8” in the employment contract which Julia as an employee has signed with Calypso Private Limited, we shall examine four separate legal issues.
The first legal issue is whether Calypso is able to enforce part (a) of Clause 8 which states that Julia shall not be directly or...
9,593 Words | 38 Pages
Commercial Contracts Law Notes
Discussion Question 1.
On 1 Jan 2009 a V and P entered a standard form contract for sale of property in SYD, with special condition that the “sale is subject to P completing the sale of his existing home in Brisbane by 1 June 2009” but no time for completion is specified and clause 29 of 2005 Standard Form is deleted.
(Standard Form: completed with in 42 days of existing contract/ exchange of contract? Hence the qtn scenario means it’ll be deleted.)
Is there a binding contract for SYD...
5,528 Words | 19 Pages
Answer to Contract Law Chapter12
A. Legal Sufficiency 1. Adequacy 2. Unilateral Contracts 3. Bilateral Contracts 4. Illusory Promises a. Output and Requirement Contracts b. Exclusive Dealing Contracts c. Conditional Promises 5. Pre-existing Obligation a. Modification of a Pre-existing Contract b. Substituted Contracts c. Settlement of a Undisputed Debt d. Settlement of an Disputed Debt B. Bargained-For-Exchange 1. Past Consideration 2. Third Parties C. Contracts without Consideration 1....
1,728 Words | 7 Pages
Law 421 Contracts - 1070 Words
Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for...
1,070 Words | 3 Pages
Law of Contract: Genuine Consent
Law of Contract: Genuine Consent
Although the contract may have the essentials of a valid offer, acceptance, legal intentions and consideration, its validity or enforceability may be affected by a number of factors. The agreement may be wanting in genuine consent between the parties. That is, although the parties may appear to have reached an agreement, it may not have been genuinely achieved because of misconduct, pressure, unfairness, or fear by those...
2,552 Words | 9 Pages
Common Law Contracts - 1491 Words
Course Hero has millions of student submitted documents similar to the one below including study guides, practice problems, reference materials, practice exams, textbook help and tutor support.
Inc. Grocery, Uniform Commercial Code (UCC) Does Article 2 of the Uniform Commercial Code (UCC) apply to the contracts between Grocery, Inc. and its vendors? Do common law contracts apply? Explain your answer in detail. Your answer should compare and contrast law contracts and UCC Article 2 contracts....
1,491 Words | 4 Pages
Contract law essay - 7211 Words
every day people knowingly or unknowingly
Every day people knowingly or unknowingly enter into series of contracts. This may be in the form of purchasing an article from a shop or by purchasing a railway ticket or by numerous ways. In modern societies, because of increasing complexity, there has been a practice of concluding contracts in standard form. One such instance of a standard form of contract is contract of insurance. Thus, standard form of contracts are those kinds of...
7,211 Words | 23 Pages
Business Law Contracts - 265 Words
Cyril made two contracts. The first was to have his house painted one month from the date of the written contract. The second was for his neighbor's 1957 Ford Thunderbird. Each contract was definite and clear in all respects. As to the house painting, Cyril inquired with the painter as to when the work could begin. The painter explained that he was extremely busy and was not sure if he could fulfill the contract. Cyril flew into a rage and immediately hired someone...
265 Words | 1 Page
Contract and Agency Law - 3129 Words
Contract and Agency Law
Group Based Case Study
Bai Kailin Q0806156
A tender is also considered as an offer. Tenders refers to a process by which one can seek prices and terms for a particular project (such as a construction job in this case) to be carried out under a contract. The sealed offers themselves, including company information, a project outline, and a price quote, are known as tenders or bids. Since Beng Huay Construction Pte Ltd submitted the most...
3,129 Words | 9 Pages
Contract Law Consideration - 329 Words
On the 25 May 2010 Jack Lumber Limited (JLL) entered into a contract with lightwood Industries (LL) of the heights of the hill to sell lumber planks 10 feet long at $100 each for the next two years to LL (end 25th May 2012). LL has another contract with Deadbeat Homes to build kitchen cupboards at Deadbeat’s housing Site in Paramin for which the lumber plank are used.
JLL delivered over 1000 planks during 2010 and was paid the contract price by LL. However, in January 2011 JLL announce...
329 Words | 1 Page
M1 contract law - 1149 Words
In this assignment I will be giving advice to Rick’s girlfriend on whether she has a legal right to return the laptop that Rick bought for her. I will be analysing whether a valid contract was formed and who it was formed with.
As Rick’s girlfriend didn’t buy the laptop and is under the age of 18 she wouldn’t be able to return the laptop as there has been no contract formed with her. However we can assume that her boyfriend is over the age of 18 and as he bought the laptop this means the...
1,149 Words | 3 Pages
Quase Contracts Under Indian Contract Law
UNDER INDIAN CONTRACT LAW
TABLE OF CONTENTS:
2. Kinds of Quasi-Contracts
3. Basis of Quasi-Contacts
Sections 68 to 72 deals with "certain relations resembling those created by contract" under Indian contract act, 1872. It incorporated...
2,749 Words | 8 Pages
Contract Law and Gina L. Brooks
Langley Brothers, Inc Stock Registry
Gina L. Brooks
Unit 9 Assignment
September 6, 2010
Specific performance is the right of a party to a contract to demand that the defendant (the party who it is claimed breached the contract) be ordered in the judgment to perform the contract. Specific performance may be ordered instead of (or in addition to) a judgment for money if the contract can still be performed and money cannot sufficiently reward the plaintiff. Specific performance is...
272 Words | 1 Page
Contract - 1602 Words
This advice deals with the issues of consideration and promissory estoppel.
There are numerous definitions of consideration in legal texts, one being “‘A valuable consideration, in the sense of law, may consist either in some right, interest, profit or benefit accruing to the one party or some forbearance, detriment, loss or responsibility, given, suffered or undertaken by the other”.
In relation to Rent a Tents contract with Susie the terms of the contract are that in...
1,602 Words | 5 Pages
Contracts - 554 Words
To: John Doe, Senior Partner
From: Noelle Milburn
Date: August 2, 2010
Re: Angela Woodside vs. Doyle Construction
1. Has Doyle Contractors breached its contract with Angela Woodside? Explain your answer fully.
2. Does Ms. Woodside have to wait until after April 1, 2008 to sue Doyle Contractors for breach of contract? Explain your answer fully.
3. Assuming a breach of contract has or will occur, what remedies does Ms Woodside have after the breach?
4. What defenses might...
554 Words | 2 Pages
contract - 2059 Words
Ho Chi Minh City, May 19th, 2014
The Seller: Dalat Agriculture and Forestry JSC, Vietnam
39 Phu Dong Thien Vuong Street, Ward 8, Da Lat City, Lam Dong, Vietnam
Mr. Tran Thanh Sang
The Buyer: Shoei Foods Corporation
Shoei Bldg, 5-7, Akihabara, Taito-ku,Tokyo, Japan
2,059 Words | 9 Pages
Remedies in contract law and whether they are adquate
ZAMBIAN OPEN UNIVERSITY
SCHOOL OF LAW
COMPUTER No. 21110141
LARRY HORE NJUNGU
BACHELOR OF LAWS (LLB)
COURSE: CONTRACT LAW (LL 12)
LECTURER: GREENWELL LYEMPE
ASSIGNMENT No. 2
SECOND YEAR, 2ND SEMESTER
MOBILE: 0977 666160
PLOT 3601/4, MAPEPE ROAD, OLYMPIA PARK, LUSAKA
TASKS: (i) Purpose of contractual remedies and whether they serve their intended objective
(ii) Relationship between agency and principal
3,667 Words | 11 Pages
CONTRACT - 913 Words
In Trevor’s case his issues derive from the Law of Contract; the formation of such and the external circumstances that effects formation, if these circumstances in fact render it void/voidable, breach of contract and the features of acceptance. Through the appropriate study and application of case law we shall better determine Trevor’s legal position.
A contract denotes an agreement of two parties on the grounds of a set of obligations that must be honoured by both sides. These...
913 Words | 3 Pages
law - 2179 Words
Bachelor of Commerce Bridging
Kaplan Higher Education Academy – Murdoch University
Name: Florence Low Poh Geok
Program / Intake: BCom27
Module: Commercial Law
Lecturer: Daniel Theyagu
Student ID: 32736209
Program Manager: Hazel Ong / Ang Kang Ling
Total Words Count: 1998
The legal point in question is whether Leila advertisement constitutes a binding contract and that she go can back on her promise of paying the reward $50 to Julie for returning the gold chain and...
2,179 Words | 7 Pages
Sample Assignment on Introduction to Malaysian Law of Contract
SAMPLE ASSIGNMENT ON
INTRODUCTION TO MALAYSIAN LAW OF CONTRACT
Select a hire purchase contract and compare the contract with a normal contract.
The writer can be contacted at
The writer can be contacted at
A contract is an agreement between two or more persons (individuals, businesses, organizations, or government agencies) to do, or to...
2,423 Words | 8 Pages
Law 531: Recognizing Contract Risk and Opportunities Memo
Recognizing Contract Risk and Opportunities Memo
February 25, 2011
TO: Span Systems Management
DATE: February 14, 2011
RE: Recognizing Contract Risk and Opportunities Memo
In the last few months, Span Systems and C-S have been undergoing negotiations to address the issues brought forth by C-S regarding delivery and quality of goods. The relationship with C-S is beneficial for Span Systems to continue the working relationship with C-S. Below are the legal...
1,053 Words | 4 Pages
Law Assignment - Contract Law; Restrictive Covenant, Acceptance of Goods
The main issues are whether or not the court would consider that the restrictive covenant in issue is void for contrary to public policy.
The relevant legal principles are:
A covenant must be no wider than is necessary to protect the legitimate interest of the employer. Attempting to stifle competition is impermissible and it is irrelevant that the employer taught the ex-employee everything he knows.
The court area particular to prevent contracts, which seek to prevent an...
1,128 Words | 4 Pages
A Business Law Assignment, Danish Contracts Act
Main legal problem for Sugar: Formation of contracts, Delayed acceptance. Source of law, Danish Contracts Act § 4, 2.
Sugar sends out an acceptance on 6th June which is within the acceptance period. Due to a mistake from the post office, the acceptance does not arrive until 14th June. According to Danish Contracts Act §4,2, Mokka is bound by the offer, as Sugar is in good faith, thinking that the acceptance has arrived in time, and Mokka have not contacted Sugar.
381 Words | 1 Page
THE MAIN DIFFERENCES BETWEEN CIF AND FOB CONTRACTS UNDER ENGLISH LAW
CONTRACTS UNDER ENGLİSH LAW
CIF contract is that when the seller has delivered the goods or provides them afloat. He
has to perform the contract by tendering conforming documents to the buyer. The
significant feature of a CIF contract is that performance of bargain is to be fulfilled by
delivery of documents and not by actual physical delivery of goods by the seller.
FOB contract can be described as a flexible instrument. Because, the buyer...
2,001 Words | 8 Pages
contract discharge - 1106 Words
Written by Mardi Szantyr
Discharge of a contract refers to the way in which it comes to an end. Contracts can come to an end in the following ways:
1. by performance
2. by agreement
3. by frustration
4. by breach
Each one of these methods of discharge will be considered.
Discharge by performance
The contract comes to an end when both parties perform their contractual obligations. Performance must substantially correspond with what the parties agreed allowing for...
1,106 Words | 4 Pages
Contract Analysis - 1164 Words
Marshall and his wife have been introduced into a Sunday school class I am teaching. He is discovering his faith in Christ and has shared in conversation that he owns a small business that could benefit from one of my products. After striking an implied business deal with Marshall, our companies begin to flourish with the recent interest in the benefits of Muscadines. As business continues to flourish, Marshall takes it upon himself to secretly coerce my 17-year-old son into...
1,164 Words | 4 Pages
Contracts Checklist - 481 Words
1. Was there a legally valid contract (or enforceable promise) formed?
a. Offer and Acceptance
1. Intention to be bound
2. Definiteness of Terms (i.e. lack of indefiniteness)
3. Reasonable Person Standard (Objective Test): Would a reasonable person construe the offer as an offer?
4. Termination of Offers
a. In General
b. Lapse of Time
c. Death or Incapacitation
1. In General
2. Intention to be bound
3. Timeliness: The Mailbox Rule
4. Silence as Acceptance...
481 Words | 4 Pages
Contracts Outline - 7822 Words
Common law majority Rule
UCC Article 1 & 2 (transaction in goods)- usually same as majority common law except in a few areas
Significant minority rules- will be on test and are there to fool you. DO NOT CHOOSE!
34 Contracts MCQ
* 60% Offer and Acceptance (6-8 Qs), Conditions (6-8Qs) and Remedies- UCC and Common law (6-8 Qs)
* 40% - 1-2Qs on the following areas
* 3rd party beneficiaries
* Assignments and delegations
7,822 Words | 26 Pages
Collateral Contract - 2380 Words
Collateral contract is a concept which has gradually evolved since its inception. However, collateral contract has been applied in a limited fashion in Australia, compared to other jurisdictions.
In this essay, I will argue that collateral contract has outlived it usefulness and currency in legal practice in Australia. To remain current, the broadening of its application is essential.
To support my argument, I will discuss:
The concept of collateral contract;
2,380 Words | 7 Pages
Contract Offer - 367 Words
2.1 Definition of Proposal/Offer
Section 2(a) of the Contract Acts 1950 provides that:
“when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtain the assent of that other to the act or abstinence, he is said to make a proposal”.
Eg: Ali advertised in Malay Mails that he will give a reward of RM100 to anyone who finds his pet. He signified his willingness to do an act, which is to pay a reward, upon certain terms, with a view of...
367 Words | 2 Pages
contract law2 - 1538 Words
Nur Aini, a highly stressed-rich widow, was enticed into joint a group as a Way of Life (PAWOL) by Alias,the leader of the group. Alias promised Nur Aini that by transferring, all her wealth to him, he would ensure that she is cleansed of all evil and would not be burden with any worldly problems. Believing his words, Nur Aini transferred all her wealth to Alias and stayed together other followers.
Two years after joining the group, Nur Aini realized that she had been tricked into...
1,538 Words | 4 Pages
Breach of Contract - 873 Words
BREACH OF CONTRACT
1. 2. 3. 4. 5. Default of the debtor (Mora Debitoris) Default of the creditor (Mora Creditoris) Positive malperformance Repudiation Prevention of performance (rendering performance impossible)
Default of the debtor (Mora Debitoris)
Any obligation under a contract has a time limit for its performance, be it an agreed fixed period or in the absence thereof a reasonable period. If the debtor neglects or fails to perform timeously, he/she commits breach of contract. Lawyers...
873 Words | 3 Pages
Contract of Encyclopedias - 475 Words
Contract of the Encyclopedias
Ls311-04 Business Law
Carrie offered to sell a set of legal encyclopedias to Antonio for $300.00. Antonio said that he
would think about her offer and let her know his decision the next day. Norvel, who overheard
the conversation between Carrie and Antonio, said to Carrie, "I accept your offer..” Carrie gave
Norvel the books.
The next day, Antonio,...
475 Words | 2 Pages
Law : Basis of Indian Law
A SMALL NOTE ON LAW OF CONTRACTS.
The Essentials of The Indian Contract Act, 1872
Law of Contracts is the most important branch of Mercantile Law without which it would be difficult to carry on any trade or business in a smooth manner. Further, in the course of the discussion that follows, one will learn that the law of contract is applicable not only to business but also to all day to day personal dealings. In fact, each one of us enters in to a number of contracts from sunrise to sunset....
7,083 Words | 20 Pages
Illegal Contracts - 2458 Words
Illegal Contractual Terms and Restraints of Trade in Contracts
When dealing with contract law, many problems can arise. There can be illegal terms in the contract or it can just be void. There are restraints on trade which include limiting employees from competing against their employers post employment and so on. Throughout this essay, these restrictions will be analyzed. The difference between illegalities, voids and restraints will be presented, along with cases to provide examples....
2,458 Words | 7 Pages
Breach of Contract - 394 Words
Breach of Contract:
1. How the contract was allegedly breached,
2. What defenses may be available to the defendant, and
3. What remedy (or remedies) may be available to the Plaintiff.
Charlize Theron has settled the $20 million breach of contract lawsuit against her, according to papers filed in Manhattan Federal Court Monday. The suit was filed last year, when Swiss watchmaker Raymond Weil claimed that Theron had worn a Christian Dior watch during a press event in 2006, despite being...
394 Words | 2 Pages
Contract and Agreement - 3312 Words
NATURE AND CLASSES OF CONTRACTS
A. NATURE OF CONTRACTS
1. DEFINITION OF A CONTRACT
general rule. A contract is a legally binding agreement. Stated another way, "a contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty." (Restatement, Contracts, 2d)
study hint. The essence of a contract is that (1) by mutual agreement (2) parties create...
3,312 Words | 12 Pages
Acceptance of Contract - 426 Words
LS311: Business Law - 01
Professor: Toni Starcher
Assignment 4: Acceptance of Contract
Bottom of Form
Magida Taracena Andonie
In this case scenario we are looping for what makes up a legal contract and when a person is obligated to respect that contract. Carrie Only offered to sell the set of legal encyclopedias to Antonio for $300. Antonio said that he will think about the offer and that he will let...
426 Words | 2 Pages
Defective Contracts - 406 Words
Contract Classification | Basis of Defect | Status of Contract | Legal Effects | Prescriptive Period | Ratifiability |
A.Rescissible1. Contracts entered into in behalf of wards
2. Contracts agreed upon in representation of absentees
3. Contracts undertaken in fraud of creditors
a. existing credit prior to the contract to be rescinded
b. fraud on the part of the debtor
c. creditor cannot recover his credit in any other manner
4. Contracts which refer to things under...
406 Words | 2 Pages
Term of Contract - 17344 Words
Chapter 1: Negotiating Delivery
1. The five steps in Negotiating Delivery.
To deal with problems arising if there is a delay or if delivery is not as planned the Buyer and the Seller should negotiate delivery systematically. That means making sure all foreseeable problems are discussed and approaches to solving such problems are agreed. An overview of the five negotiating steps is suggested to simplify discussion of the ideas and to avoid problems: Timing, Location, Transport,...
17,344 Words | 66 Pages
Contract and Trade - 10374 Words
Table of Contents
Contracts in Restraint of Trade 1
Case 1: Wrigglesworth v. Wilson Anthony 4
Case 2: Svenson Hair Center Sdn Bhd v. Irene Chin Zee Ling 6
Case 3: Shanghai Hall Ltd v. Town House Hotel Ltd 8
Case 4: Polygram Records Sdn Bhd v. Hillary Ang & Ors & Anor 10
Case 5: Pertama Cabaret Nite Club Sdn. Bhd. v. Roman Tam 12
Case 6: Nagadevan Mahalingam v. Millennium Medicare Services 14
Case 7: Thomas Cowan & Co Ltd v. Orme 16
Case 8: Schmidt Scientific...
10,374 Words | 27 Pages
Kinds of Contracts - 3886 Words
2nd term report
Raja Haseeb Amjad
LETTER OF TRANSMITTAL
July 24, 2011
Institute of Business Management,
Mr, Muhammad Ali,
Course instructor Business Law,
Here is the report you asked me to prepare during the 1st portion of the business law course that is based on the study conducted up till date.
The report is ready for your perusal. For any query do contact.
Raja Haseeb Amjad
3,886 Words | 13 Pages
Contract Analysis - 731 Words
Business Law |
Westwood College |
A contract is a legal document between two or more parties. There are several elements that are necessary in order to make a contract enforceable. The specifics of these various elements may differ from state to state, but all seven of the elements must be present in order for the contract to exist. As such, if one of these elements is missing, a contract can be voided and the...
731 Words | 3 Pages
Discharge of Contract - 1262 Words
DISCHARGE OF A CONTRACT
Normally the completion of a contract is straightforward as parties carry out their tasks as required. There are four main different ways of ending a contract:
a) Discharge by performance
b) Discharge by agreement
c) Discharge by breach
d) Discharge by frustration
DISCHARGE BY PERFORMANCE
For this the courts expect performance to be exact and complete. This means that it must match contractual obligations
RE MOORE AND LANDAUER (1921)
If requiring a contract...
1,262 Words | 5 Pages
Breach of Contract - 618 Words
Breach of Contract
BUS311: Business Law
Instructor Katheryne Rogers
Breach of Contract
Breach of contract can happen by a party intentionally breaching the contract or because of unexpected delays. In this paper I will discuss the contract my brother had with an in home appliance sales company.
My brother and his wife purchased all of their appliances for their new home from an appliance company. The written agreement was that payment for the appliances was to be made upon...
618 Words | 2 Pages
Contract Liability - 1651 Words
Software developer, Span Systems and a German Bank, Citizen-Schwarz AG (C-S) decided to collaborate in a contract to fulfill a project. The project is one-year long and is worth $6 million. Span Systems experienced late deliverables and quality issues, which affected the project’s timeframe. Span Systems and C-S have decided to re-negotiate the contract because the requested changes affected the project’s scope. Kevin Grant, the...
1,651 Words | 7 Pages
Breach of Contract - 1474 Words
Theresa booked a flight ticket with AirMalaysia to fly her from Kuala Lumpur to Melbourne on the 1st of December 2009. She has booked and paid the ticket in advance and the flight has confirmed. However, on the 1st of December 2009 the flight was cancelled and the airline was unable to give Theresa an alternative flight on same day. Consequently, Theresa was forced to put up a night in Kuala Lumpur. The next afternoon, she able to flew to Melbourne on another airline. Due to the cancellation of...
1,474 Words | 4 Pages
Contract of a Minor - 347 Words
There are many advantages and disadvantages for minors' to enter into contract. Most people believe that minors' are considered incompetent. It is said that if a person does not have the mental capacity to understand a that a contract is being made or the general nature of the contract, the person lacks contractual capacity. So then why would someone enter a contract with one. That is why I would have to say the first advantage is that most minors' which means anyone under the age of 18,...
347 Words | 1 Page
Contract Form - 1538 Words
Standard Form Contract For A Turnkey Project
Professor: Dr. Ashraf Elazouni
The Canadian Construction industry uses a set of standard form contracts to come to an agreement. The type of standard form contract chosen for the particular project depends on the requirements of the intended parties. The standard form contracts are usually used as it gives a starting point for negotiation and the language used would...
1,538 Words | 5 Pages
Contracts Notes - 31034 Words
If one party pressures the contractual consent of another by duress the contract is voidable by that other party (See Also s 52A TPA and s 39 FTA).
The common law has long recognised that duress, in the form of coercion of the plaintiff’s will through illegitimate pressure or threats to the plaintiff’s interests, render a contract voidable (Barton v Armstrong). Traditionally, the common law concept of duress was limited to actual or threatened violence to the person...
31,034 Words | 103 Pages
Contract Breach - 1696 Words
Breach of contract is when one or both parties, who came to a mutual agreement, do not fulfil their contractual agreement i.e. interfering in the other party’s performance or non-performance by one or both parties. These are only two of the possible five forms of Breach of Contract.
The five types of Breach of Contract will now be discussed in detail.
2. There are five different forms in which Breach of Contract can take place:
a. Default of the debtor (mora debitoris)
1,696 Words | 6 Pages
Privity of Contract - 853 Words
A stranger to a contract can’t sue…!!!! Submitted by:-
M.B.A. III sem.
The basic answer to this question is ‘NO’, as the following literature supports and explains this fact effectively.
A contract is an agreement between two or more parties that creates an obligation to do or not to do something. The parties...
853 Words | 3 Pages
Voidable contract - 571 Words
Voidable contract is a contract that has legal effect and force when it is made, but is liable to be subsequently annulled or set aside by the courts through the process of recission. Due to the section 10 of the Contracts Act provides, all agreements are contracts if they are made by the free consent of the parties competent to contract. As what i’ve been thought and my understanding, there are five causes which lead to the voidable contract. They are :
1. Coercion (S.15)
2. Undue influence...
571 Words | 2 Pages
Contracts Ii - 292 Words
Contracts Part II
Unit 5 Case Study
November 6, 2010
Millie contracted to sell Frank 10,000 bushels of corn to be grown on Millie’s farm. Due to a drought during the growing season, Millie’s yield was much less than anticipated, and she could deliver only 250 bushels to Frank. Frank accepted the lesser amount but sued Millie for breach of contract. Can Millie defend successfully on the basis of outcome impossibility of performance? Explain. Discuss the...
292 Words | 2 Pages
Elements of a Contract - 804 Words
Essential Elements of a Contract
“A contract is an agreement that can be enforced in court. It is formed by two or more parties who agree to perform or to refrain from performing some act now or in the future.” (pg 208) Recently I was faced with a situation regarding a contract that was not in writing and I had to explain that as long as a verbal contract contains the four essential elements of a contract it is binding. We are so accustomed to seeing contracts in writing that many people...
804 Words | 2 Pages
DEFECTIVE CONTRACT - 260 Words
DEFECTIVE CONTRACT is a valid contract which lacks legal sufficiency due, for example, to incorrect or incomplete following of a required or statutory procedure, and may not be enforceable by the courts.
Four Classifications of Defective Contract :
1. Rescission Contract
Declaration or clearly communicated intention by a party to a voidable contract that it is exercising its right to terminate (rescind) the contract. It is an irrevocable step that frees the other party as well from its...
260 Words | 1 Page
Contract Assignment - 4435 Words
The issue here is whether the purchase agreement entered by Mr. Cheong Fatt and Maniam is voidable by virtue of Sec. 17(b)?
In order for a contract to be executed properly, it must be done in favour of Sec. 10, 13 and 14. Sec. 10 prescribes that an agreement in a contract if it done with the free consent of parties for a lawful consideration and with a lawful object. The word “consent” here is defined based on Sec. 13 where two or more parties agreed in the same sense and for an agreement to be...
4,435 Words | 11 Pages
Contract Brief - 339 Words
Citation Reed v. University of North Dakota, 1999 ND 25, 589 N.W.2d 880
Facts: The defendant Reed was on the hockey team at the University of North Dakota. Part of his training regimen was to compete in a 10-kilometer race for charity. Close to 200 yards from the finish line, he collapsed from dehydration. He was then rushed to the emergency room only to be faced with a kidney transplant and two liver transplants.
Issue(s): (a) Was Reed’s oral commitment and letter of intent to play...
339 Words | 1 Page
Contract Essay - 1203 Words
PRACTICE ESSAY 1
Gertie places a notice in the trade journal Mung Monthly' saying that she would pay £2000 against a wood nymph' Mung vase with its authenticity certificate.
The question is to know whether Gertie's proposal is an offer and could lead to a contract .
The notice in the trade journal stays a proposal to the public. This proposal could amount to an offer if it is intended to result in a contract, if the...
1,203 Words | 4 Pages
Ethics in Contracts - 5220 Words
ETHICS IN CONTRACTS
When creating a contract, a negotiator is not only doing so to reach an agreement between two or more parties, but to create an agreement that is durable; whereby parties of the contract are legally bound and committed to its promises .
“A legally binding contract is defined as an exchange of promises or an agreement between parties that the law will enforce, and there is an underlying presumption for commercial agreements that parties intend to be...
5,220 Words | 14 Pages
Contracts Outline - 9706 Words
Contracts II Outline
Professor Jean Powers
Cited to Crandall & Whaley’s Contracts, 4th Edition
I) Damages (227)
A) Introduction (227)
1) General Rule – Contract damages should put the π in as good of a position as if the contract was fulfilled.
2) No action on a contract need be present for damages to be proper. An executory contract will suffice.
B) Measuring Expectation Damages (229)
1) Expectation = Expected Value + Costs – Expenses Mitigated
2) Repair Theory – Damages...
9,706 Words | 27 Pages
Collateral Contract - 2838 Words
A Collateral contract
A collateral contract is one where the parties to one contract enter into or promise to enter into another contract. Thus, the two contracts are connected and it maybe enforced even though it forms no constructive part of the original contract. According to Lord Denning MR in the case of Evans & Sons Ltd v Andrea Merzario Ltd  1 WLR 1078 a collateral contract is ‘When a person gives a promise, or an assurance to another, intending that he should act on it by entering...
2,838 Words | 8 Pages
defects of contract - 301 Words
Contract Classification Basis of Defect Status of the Contract Legal Effects Prescriptive Period Ratifiability
A.Rescissible There is damage or injury either to one of the contracting parties or to a third person. Valid Considered valid and enforceable until they are rescinded by a competent court. The action for prescription may prescribe. NO
1. Contracts entered into in behalf of wards
2. Contracts agreed upon in representation of absentees
301 Words | 1 Page
written contracts - 467 Words
Running head: WRITTEN CONTRACTS 1
WRITTEN CONTRACTS 2
Paula orally agrees to work with Next Corporation in New York City for two years. Paula moves her family and begins work. Three months later, Paula is fired for no stated cause. She sues for reinstatement or pay. Next Corporation argues that there is no written contract between them. What will the court say?
467 Words | 2 Pages
Breach of Contract - 1529 Words
A type of contract, a legally binding agreement between two parties to do a certain thing, in which one side has all the bargaining power and uses it to write the contract primarily to his or her advantage.
Breach of Contract
Common Breaches of Contract
When any contract is made an agreement is formed between parties to carry out a service and payment for that service. If one of the parties fails to carry out their side of the agreement then the party can be said to be in breach of...
1,529 Words | 6 Pages