“something for something” or the exchange of promises from each party-from the promisor to the promise-which turns the agreement into a contract. Contracts are the basis of the business and therefore understanding the law of contract is essential for persons wishing to engage in business. There would be no business without contracts. To make a contract legally enforceable six prerequisites should be followed. They are intention to create legal relations‚ agreement‚ consideration‚ legal capacity
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Contemporary Australian law Common law British origins‚ including: Development of common law The Australian legal system developed from the legal system of Britain‚ which was brought to Australia as part of the process of Britain setting up a colony in Australia‚ beginning in the year 1788 with the arrival of the First Fleet. Therefore‚ in order to determine the nature and development of the Australian legal system‚ it is necessary to investigate its British origins. The common law system of law making
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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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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 (Gibson & Fraser‚ 2012‚ Business Law‚ p303). A contract must be satisfied certain legal requirements which are agreements‚ intention to create legal relations‚ considerations and capacity. Agreement = Offer + Acceptance Therefore‚ here apply the rule
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unfair advantage of special disadvantage: Abuse by one party of its superior bargaining position in its dealings with the other party.[3] Application In this case‚ Ji is an elderly man and has difficulty in understanding English. He has had no business experience himself. The manager of XZA Bank is aware that Ji has no other assets and is dependent on the old age pension for all living expenses then still persuades Ji to sign the mortgage contract immediately without informing Ji of the consequences
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used mainly for transporting goods on public roads. S 3(2) a person is not a consumer if the goods (regardless of price paid) are acquired: -for the purpose of re-supply or -for using them up or transforming them‚ in trade or commerce (business) in production or manufacture or -repairing or treating other goods for fixtures on land. Crago v Multiquip Pty Ltd (1998) Ostrich egg incubator is not ordinarily acquired for personal‚ household or domestic use. Atkinson v Hastings Deering
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question is whether Micky has a contract with Ureach Mobile Co. Section 11 of Contracts Act 1950 provides who are competent to contract‚ that is those who are of the age of majority according to the law to which she is subject‚ have sound mind‚ and not disqualified from contracting by any law to which he is subject (KrishnanL‚ RajooL‚ & VergisA.C‚2009). On the other hand‚ the Age of Majority Act 1971 states that the age of majority is 18 years and above‚ and anyone below that age would be regarded
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CURTIN COLLEGE BUSINESS LAW 1100 ASSIGNMENT TWO (30%) Part A - Four step process The case study which students are required to resolve using the four step process is set out below. Students are required to apply the relevant legal concepts and principles to analyse and solve the legal issues arising in the case study by explaining and applying their knowledge of the legal principles and rules arising in Australian legal system: topic four to five inclusive. Please note also that
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Assignment Submission Form Module Name | Commercial and Company Law in Semester 2. | Name of Lecturer | Sheila McCarthy | | | Title of Assignment | Law CA Semester 2 -2013 | | | | | Campus | LIT Tipperary Thurles | Course | Bachelor Of Business Level 7 | Student ID(s) | P10011462 | Name of Student(s) | Martin G Lynch | Date | 13/03/13 | Word Count | 2004 | I declare that no element of this assignment has been plagiarised: Student Signature | | “An Agent is
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Divorce in Australia Family Law Unit Mark A Legal Studies With the very nature and fluidity of Family Law‚ many attempts at definitive meanings are met with a high degree of confusion even by the most learned minds. Family law is an area of the law that deals with family-related issues and domestic relations. This can includes the establishment of family and domestic relationships‚ the rules for creating a union‚ right up to their termination or dissolution‚ and the subsequent
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