Void and Voidable Contract 17/11/2013 INTRODUCTION A contract is an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. It is a voluntary‚ deliberate and legally binding agreement which becomes legally valid if meeting of minds exists between the contracting parties and establishment of a legal relation/obligation between the parties for a legal consideration and
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Evaluating Contracts Michael A. Clinton Professor Canuto Campos Contract Administration and Management – BUS 330 Sep 4‚ 2012 The federal government contracts for an enormous amount of its goods and services‚ whether big or small‚ with the intent of fulfilling the request with a fair and reasonable price. This cannot always be accomplished due to the various types of contracts and the numerous characteristics that go along
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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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Necessary elements to form the contract In this scenario‚ the parties agreed to an oral agreement in regard to buying the house. All elements were met to form a contract. First‚ Paul and Pricilla Peterson made a promise to buy Danny Davidson’s house for $250‚000.00 and Danny accepted their offer. Second‚ consideration was an element in this agreement that a value was promised in exchange for the house and both parties agreed on the amount. Third‚ the acceptance of the offer was expressed through
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1. What are the principles under the doctrine of binding precedent? When it comes to deciding on case‚ judges do not decide solely on their own. They are bound to follow certain accepted principles which are commonly known as “the doctrine of binding precedent”. The doctrine of binding precedent required that “like cases decided alike”. If a case now before the court has facts and raises issues similar to those of a previously decided case‚ then the present case will be decided in the same way
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Question 1. Outline and describe the ways in which an Agency Contract may be established. Agency According to Nicole Busby‚ an agency is a contractual relationships that entitles one party to act on behalf‚ or in favour of‚ the other party in contractual arrangements with a third party. In this regardthese circumstances‚ the former is known as an “agent” and the entity on whose behalf the agent performs is called a “principal”. Generally‚ the agency relationships arises in commercial transactions
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Hartly & The Auto Dealer What do you think about this situation? Should parties to a sales contract be able to rescind a contract because of mutual mistake of fact? Why or why not? Did either party act unethically in this case? Why or why not? What application does the UCC have here? Finally‚ in the overall context of contract law‚ are there any winners or losers when a contract is rescinded based on mutual mistake of fact? Why or why not? In my studies of the case‚ I read about
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Contract Law 1 Intention to Create Legal Relations In order for a contract to be valid there must be intention to create legal relations. Enright notes ‘the requirement of intention to create legal relations is a final doorkeeper in contract. It determines which agreements supported by consideration shall be covered by contract law and which shall merely be morally binding.’ This requirement was expressly stated for the first time in Heilbut‚ Symons & Co V Buckleton. Friel notes that important
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petitioners Yolanda Rosello-Bentir and the spouses Samuel and Charito Pormida. The case was docketed as Civil Case No. 92-05-88 and raffled to Judge Pedro S. Espina‚ RTC‚ Tacloban City‚ Branch 7. Respondent corporation alleged that it entered into a contract of lease of a parcel of land with petitioner Bentir for a period of twenty (20) years starting May 5‚ 1968. According to respondent corporation‚ the lease was extended for another four (4) years or until May 31‚ 1992. On May 5‚ 1989‚ petitioner Bentir
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appeals‚ dated April 6‚ 1993‚ in CA-G.R. CV No. 34767 1 are (1) whether of not the "Exclusive Option to Purchase" executed between petitioner Adelfa Properties‚ Inc. and private respondents Rosario Jimenez-Castañeda and Salud Jimenez is an option contract; and (2) whether or not there was a valid suspension of payment of the purchase price by said petitioner‚ and the legal effects thereof on the contractual relations of the parties. The records disclose the following antecedent facts which culminated
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