Law of Contract II Semester 2‚ 2011 Word Count: 1932 A party’s right to terminate a contract arises from a particular type of breach of contract by another party. The facts of the breach and the nature of the term breached in each case inform the party with whose contract has been terminated‚ as to whether it is lawful or not. Common law rights to terminate arise in one or more of the following three ways: * Any breach of a condition of the contract; * A serious breach of an intermediate
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Aviation Law and Space Law Aviation Law -Air space – customary law since First W.W. That aircraft from one state have right to fly over the high seas‚ but never over territorial sea of another state -Art.1 1944 Chicago Convention on International Civil Aviation: “every state has complete and exclusive sovereignty over the space above its territory” -It is a serious breach of international law for a state to order to violate the air space of another state (for e.g. USA military aircraft attacked
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2nd of feb CASES MALLIK V BCC: Malik and Mahmud v Bank of Credit and Commerce International SA [1997] UKHL 23 is a leading English contract law and UK labour law case‚ which confirmed the existence of the implied term of mutual trust and confidence in all contracts of employment. Facts: Mr Malik and Mr Mahmud both worked for the Bank of Credit and Commerce International. BCCI went insolvent due to massive fraud‚ connection with terrorists‚ money-laundering‚ extortion and a raft of other criminal
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Contract Law Cases The Offer Meeting of minds: Clarke v Earl of Dunraven and Mount Earl: Yacht races. Letters sent in Communication (in writing‚ speech and conduct): Carlil v Carbolic Smoke Ball Co: pay back 100 if you get influenza. Deposit 1000 The Acceptance: Strictly in response to
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also 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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IMPROVING AUSTRALIA’S LAW AND JUSTICE FRAMEWORK A discussion paper to explore the scope for reforming Australian contract law 2012 © Commonwealth of Australia 2012 All material presented in this publication is provided under a Creative Commons Attribution 3.0 Australia (http://creativecommons.org/licenses/by/3.0/au/deed.en) licence. For the avoidance of doubt‚ this means this licence only applies to material as set out in this document.
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In Business‚ contracts can be considered as the heart of dealings and have to be taken with utter most consideration of the acceptance‚ however in order to understand in depth a binding agreement‚ we must first discuss‚ what determines a contract or binding agreement. These can be defined as “an agreement which the law will enforce” as well as a “promise or set of promises which the court will enforce”. To facilitate a binding agreement‚ an acceptance must occur and must be absolutely unconditional
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BUSINESS LAW ASSIGNMENT ------------------------------------------------- “To create a binding agreement the acceptance must occur‚ and that ‘acceptance’ must be final and absolutely unconditional. This is clear under Australian contract law.” ------------------------------------------------- ------------------------------------------------- Discuss the accuracy of this statement. In order to discuss the accuracy of this statement we must first understand the concept of ‘acceptance’.
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Introduction For parties to be bound by an agreement‚ it must first be determined if a prima facie valid and enforceable contract exists. A contract can be defined as an agreement containing promises made between two or more parties with the intention of creating certain legal rights and obligations and enforceable in a court of law [1]. For a legally binding contract to exist the following elements must be satisfied: 1. An offer must exist 2. The offer must be accepted 3
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request from defense - List of witnesses and any other evidence the FAA intends to use in prosecution. E. Hearing - Presided over by Administrative Law Judge in or near place of violation - This is the ONLY opportunity for defense to be heard by a judge - Burden of proof rests on FAA‚ but only needs to prove their case by a preponderance of the evidence. - No jury. - ALJ will issue a verbal decision at the end of hearing. - ALJ may reduce severity of penalty requested by FAA‚
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