ESSENTIALS OF A VALID CONTRACT A valid contract has to have the following essential characteristics: * Proper offer and acceptance An offer to be valid must contain certain conditions such as it must intend to create legal relationship‚ its terms must be certain and unambiguous‚ it must be communicated to the person to whom it is being made. An acceptance to be valid must fulfill certain conditions such as it must be communicated by an authorized person before the offer lapses. *
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FACTS: SS/Alicante‚ belonging to Compania Transatlantica de Barcelona was transporting two locomotive boilers for the Manila Railroad Company. The equipment of the ship for discharging the heavy cargo was not strong enough to handle the boilers. Compania Transatlantica contracted the services of Atlantic gulf and Pacific Co.‚ which had the best equipment to lift the boilers out of the ship’s hold. When Alicante arrived in Manila‚ Atlantic company sent out its floating crane under the
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valid contract is that the parties entering the contract are those who have the competency to contract. This is based on section 10 (1) of the Contract Act 1950 which states: “All agreements are contracted if they are made by the free consent of parties competent to contact‚ for a lawful consideration and with a lawful object‚ and are not hereby expressly declared to be void.” Competency refers to the capacity of being an adult‚ having a sound mind and not forbidden by law to enter any contract (e.g
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> ESSENTIAL REQUISITES OF CONTRACTS GENERAL PROVISIONS Art. 1318. There is no contract unless the following requisites concur: (1) Consent of the contracting parties; (2) Object certain which is the subject matter of the contract; (3) Cause of the obligation which is established. (1261) SECTION 1. – Consent Art. 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain
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Hobbes and the Hypothetical Contract In dealing with the problem with political authority Thomas Hobbes proposes that state’s derive their power from a hypothetical social contract that is made between a government and its citizens. It attempts to solve the problem with political legitimacy and political obligation; the right to rule and the reason citizens obey those in power. Hobbes believes that the only way to get out of a wild and unjust “state of nature” is to collectively give up some of
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Racial Contract is a deliberate and essential piece of the Social Contract‚ and then prejudice is as yet the true practice and belief system among political and monetary establishments around the globe which are ruled or impacted by individuals from the tribes of Europe. The asserted advances in racial balance are just shallow "window-dressing" to give the presence of advance; however‚ in actuality‚ they just fill in as token motions to respite minorities into an incorrect conviction that all is well
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attempting to enforce. A. Definition: Contract law is an enforcement of a single promise‚ not an agreement at whole. a. Contract law is state law. It is common law by default‚ unless a statute has been passed covering the issue. Right to contract is guaranteed primarily by common law and some statutes‚ NOT by the constitution. Our law does not recognize any natural right to freedom of contract or economic activity. B. Sources of Contract Law b. Common Law: applies if the UCC
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THE SOCIAL CONTRACT THEORY The theory is as old as philosophy itself. It is of the view that persons’ moral and/ or political obligations are dependent upon a contract or agreement among them to form the society in which they live. The theory of a social contract is therefore a hypothesis explaining how society originates as well as the presumed relationships between its members‚ how they incur responsibilities and their rights. Early proponents of the social contract theory include; - Socrates
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Sean Coutorie GOVT 2301 June 25‚ 2013 Skipworth Coconut Wars The “Social Contract Theory” is a theory that without the unofficial introduction of morals of right and wrong‚ we would all be living in a world worse than that our homo-erectus ancestors inhabited in such a way that there would be no “we” but just our self interest in the desire to survive. There would be no groups‚ no tools‚ and no interactions other than that of violence
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Plaintiff purchased and used wool for local manufacture between 1946-48 and received some payments. The Government subsequently stopped its subsidy scheme and the Plaintiff sued the Government for subsidies it claimed it was due. Rules There was no contract. The statement made by the Commonwealth was not offered as consideration for the plaintiff buying the wool. The Court stated that in cases such as this: ‘… it is necessary‚ … that it should be made to appear that the statement or announcement which
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