A contract -is a legal agreement that occurs between two or more parties. It can be a written or spoken agreement that can concern employment‚ sales‚ or tenancy. Parties or members involved‚ enter voluntarily into this agreement. Every contracts involve two persons they are the: Offeror and Offeree. The offeror is the one who offers to enter into a contract and the Offeree is the one to whom the contract is being offered Elements of a contract: Agreement‚ Lawful object‚ consideration and contractual
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contract law agreement: objective test of intention to agree offer must be matched by other’s acceptance requirement of certainty of agreement parties have intention to create legal relations enforce promise: consideration promise is contained in a deed promissory estoppel (claimant has relied on defendant’s promise) reliance theory: consistent with the harm principle (prevent harm on others) restitution interest
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FOB contract can be congregated from the case of Wimble & Sons v Rosenberg & Sons which describes it as a contract for the sale of goods where the seller which in this case is Patina who agrees to deliver the goods over the ship’s rail and the buyer or Luca in this stance agrees to convey it overseas. According to English law‚ the case of Pyrene v Scindia defines a classic FOB contract which has occurred in this case study between Patina and Luca as the seller (Patina) draws up the contract with
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with the niceties of offer and acceptance it follows that their contracts may not be all-embracing and complete in every respect. The parties may have reached an agreement in principle and then prefer to rely on experience from previous dealings‚ business practice and goodwill. The law’s overall policy is to uphold bargains wherever possible and although businessmen tend to record their agreements in ‘crude and summary fashion’ the law should not be ‘too astute or subtle in finding defects’ (Hillas
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General Provisions “An obligation is a juridical necessity to give‚ to do or not to do.” (Art. 1156) * OBLIGATION * obligatio‚ Latin‚ means tying or binding * tie or bond recognized by law by virtue of which one is bound in favor of another to render something * duty under the law of the debtor or obligor - Civil Code * Juridical Necessity * the rights and duties arising from obligation are legally demandable and the courts of justice may be called upon through
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discuss whether Australian contract law should (or should not) provide greater clarity as to what is (or is not) sufficient consideration. ESSAY STRUCTURE : INTRODUCTION BODY CONCLUSION BIBLIOGRAPHY Minimum 12
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1. Shipment or delivery The obligation of Seller to ship or deliver the goods specified on the face of this Contract (“Goods”) by the time or within the period specified on the face of this Contract shall be subject to the availability of the vessel or the vessel’s space. If‚ under the terms of this Contract‚ Buyer is to secure or arrange for the vessel or vessel’s space‚ Buyer shall secure or arrange for the necessary vessel or vessel’s space on berth terms basis and give Seller shipping
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Contract Assignment – Week 3 Team D LAW/531 June17‚ 2013 Professor Grace Lee Employment Contract This contract dated this 17th day of June 2013 BETWEEN: Horace Grump (“Employer”) -AND- Nettie Samaritan (“Employee”) BACKGROUND: A. The Employer is of the opinion that the Employee has the ability to assist and benefit the Employer in business and welfare. B. The Employer requests to employ the Employee with the terms and conditions set out in this Agreement. IN CONSIDERATION OF the
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The novel that I read is “ step by wicked step” by Anne Fine. I will like to compare and contrast three characters who are Richard Clayton Harwick‚ Colin and Robbo. Three of them live in a stepfamily. Firstly‚ I will compare about their characteristics. Among three of them‚ Richard shows the most different as he seems to have negatively thinking. Richard is a rebellious person as he is unable to accept Mr. Coldstone as his stepfather. He rebels against whatever the man does in his live
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Currently‚ majority of people do not know much about contract law. Actually‚ we are signing contracts everyday. For example: Buying candies in a shop. There are two types of contract (written and verbal agreement). A contract is made by orally‚ by conduct and in writing. It also consists of an agreement‚ consideration and legally binding. There are eight elements of contract law‚ namely offer‚ acceptance‚ consideration‚ capacity‚ legal relations‚ legality and agreement. In this essay‚ I am going
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