5.00 Word count: 1418 A contract is an agreement containing promises made between two or more parties with the intention of creating legal rights and obligations enforceable in a court of law. There are three essential elements that must be proven to establish a contract. The first element that must be established is whether or not there was an agreement between the parties. There must be an offer proposed by on party‚ and acceptance by the other. The second element is whether or not there was
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Contract Remedies BA265 Business Law II Terrance L. Williams Grantham University December 8‚ 2012 Contract Remedies In our case of National Drilling Company filing suit against Overland Transport‚ Inc. asking compensatory‚ consequential‚ and punitive damages‚ the recovery of National will be based on Quasi Contract. As one reads through the scenario‚ he or she may ask themselves a few questions. What were the exact terms of the contract between National Drilling and Overland Transport
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Terms The content of a contract are made up of terms (or ‘clauses’ as they are called in the case of written contracts) which may be express or implied. The express terms are the terms which the parties actually stipulated for themselves when making the contract‚ whether orally or in writing. In addition to the express terms‚ the courts sometimes‚ for a variety of reasons‚ imply certain terms into the contract. Implied terms are terms that are not expressly stated in the contract but are deemed to be
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CONTENTS 1. BACKGROUND: 1 2. CONTRACT: 1 2.1 VALID CONTRACT: 2 2.2 VOID CONTRACT: 2 2.3 VOIDABLE CONTRACT: 2 3. SALES CONTRACT: 3 3.1 SUBJECT MATTER (MAL): 3 3.2 CLASSIFICATION OF MAL: 4 3.3 CONDITIONS OF VALIDITY OF SALE: 4 3.4 PROHIBITED SALES: 7 3.5 KINDS OF SALE TRANSACTIONS: 10 3.5.1 BAY AL MUQAYADAH: 11 3.5.2 BAY AL MUTLAQ: 11 3.5.3 BAY AL SARF: 12 3.5.4 SALAM CONTRACT: 13 3.5.5 ISTISNA 16 3.5.6 MURABAHAH 19 3.5.7 BAY’AL-MUAJJAL 22 4
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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.
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ont Contract Paper Michael Labbe University of Phoenix Business Law HRM 531 Donna Ross January 28‚ 2013 Contract Paper Contracts regardless if they are written or verbal have the same basic components. The four components are (1) Mutual assent‚ (2) Agreement‚ (3) Exchange‚ and (4) Non-violation of public law. If the key components of a contract are met they will be enforceable in a court of law. In modern society it is more commonplace for contracts to be written so all parties
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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
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TEAM CONTRACT - Group 7 I. Team Goal: Include a comment on each of the elements of SMART Specific – what‚ why‚ who‚ where and which in terms of the goal? ü We expect our team to become a cohesive and cooperative group by the end of the term. It will need devoted dedication from each member. It is critical to our success on overall performances because good teamwork allows us to work effectively and efficiently. The specific goal related to Mike’s Bick is to triple the shareholder’s value by
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that it is was not income‚ profits or gains from business and was outside the pale of the Excess Profits Tax Regulation. The Excess Profits Tax Officer made an order assessing the income of the appellants for the accounting periods 1351 and 1352 Fasli at Rs. 8‚957 and Rs. 83‚768 respectively and assessed the tax accordingly. ISSUES: 1. Whether under the terms of the agreement the petitioner is an employee of the Mills Company or is carrying on business? 2. Whether the remuneration received from
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persons might prepare themselves to handle unique business customs that may be encountered in a trip abroad. In such situation the business person should. a. Know all about the foreign cultures through different ways like by reading different helpful material and also by visiting with foreigners and individuals who have lived in the country he will visit. b. Situation and sensitize himself by projecting himself into achievable situations and analyzing his learned belief patterns.
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