to Jenny is not binding. Advise Jenny as to whether she has any cause of action against her father. This case pertains whether a clear promise was demonstrated to form a legal contract between Jenny and her father to determine whether Jenny has any cause of action against her father. According to the contracts act 1950‚ section 2(d)‚ when at the desire of the promisor‚ the promise or any other person has done or abstained from doing‚ or does or abstains from doing‚ or promises to do or to
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by express or implied contract or by law‚ in which one party (the agent) may act on behalf of another party (the principal) and bind that other party by words and/or actions. The etymology of the word agent or agency says much. The words are derived from the Latin verb ago‚ agere (the respective noun agens‚ agentis). The word denotes one who acts‚ a doer‚ force or power that accomplishes things.1 Agency is the exception to the doctrine of privity under the law of contract. 2. LIABILITY OF A PRINCIPAL
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Issue: Does Pete have an enforceable contract with Debbie? Rule : : Contract formation requires mutual assent (offer and acceptance)‚ consideration‚ and no viable defenses to contract formation. 1. Is there a valid offer? Offer an offer is the manifestation of a willingness to enter into a bargain‚ in must be done in such a way that another person should understand that his assent to that bargain is invited and will conclude in forming a contract. Pete has to show that Debbie made a promise
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Goldsbrough Mort v Quinn A promise to hold an offer open for a time is not enforceable (as there is no consideration). BUT option contracts have consideration for the promise Mobil Oil Australia v Lyndel If the performance of a unilateral contract has commences the offeror can revoke it but there may (Depending on circumstances) be an implied ancillary (side) unilateral contract to not revoke it which you would be in breach of Stevenson‚ Jaques & Co v McLean Inquiry as to a method of payment is not a rejection
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Contract law serves as your protection in every legal agreement you make in life. Contract law makes these agreements "enforceable"‚ which usually means that it gives the party the power to compensate and obtain money damages caused by the other party due to a breach of contract. The contract itself creates an obligation or duties to do and rules to follow by both parties if either of the party fails to follow the agreement‚ remedies can be provided by law if the contract is legal and has the essential
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LAW OF CONTRACT Thursday 9:00 Summer Term‚ 2014 Lecturer and Module Co-ordinator: John Halladay Texts: Poole‚ Textbook on Contract Law McKendrick‚ Contract Law Casebook: Both Poole and McKendrick have casebooks which are very good. There are also many others on the market. Statute book: There are not many statutes in the course but there are some and this will be useful for the exam. Any Contract or Commercial Law statute book should do. A. WHY CONTRACT? A
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Indian Contract Act THE INDIAN CONTRACT ACT‚ 1872 ACT No. 9 OF 1872 1 [25th April‚ 1872.] Preamble WHEREAS it is expedient to define and amend certain parts of the law relating to contracts ; It is hereby enacted as follows - PRELIMINARY 1- Short title – This Act may be called the Indian Contract Act‚ 1872. Extent‚ Commencements.-It extends to the whole of India 2*[except the State of Jammu and Kashmir]; and it shall come into force on the first day of September‚ 1872. Nothing
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Futures contract In finance‚ a futures contract is a standardized contract between two parties to exchange a specified asset of standardized quantity and quality for a price agreed today (the futures price or the strike price) but with delivery occurring at a specified future date‚ the delivery date. The contracts are traded on a futures exchange. The party agreeing to buy the underlying asset in the future‚ the "buyer" of the contract‚ is said to be "long"‚ and the party agreeing to sell the asset
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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 existence of contract law is to prevent any sort of illegal behaviour‚ injustice and to clarify any confusion or misunderstanding amongst the offerror and the offeree. Everybody in this world is an offeree as we all purchase goods and services to meet our personal needs and if our expectations are not met‚ there is a problem which is why the contract is created for both parties to follow. However‚ if either of them fails to do so‚ then they are in breach of contract and the aggrieved party has
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