Introduction Law is a system of rules and guidelines which are enforced through social institutions to govern behavior‚ wherever possible. The law of contracts differs from other branches of law in a very important respect. It does not lay down so many precise rights and duties which the law will protect and enforce. Instead‚ the law of contract is a division of law which contains rather a number of limiting principles‚ subject to which the parties may create rights and duties for themselves‚ and
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Part A The main issues are whether or not the court would consider that the restrictive covenant in issue is void for contrary to public policy. The relevant legal principles are: A covenant must be no wider than is necessary to protect the legitimate interest of the employer. Attempting to stifle competition is impermissible and it is irrelevant that the employer taught the ex-employee everything he knows. The court area particular to prevent contracts‚ which seek to prevent an employee
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EG 183 (CA) Adams v Lindsell (1818) 106 ER 250 Gurthing v Lynn (1831) 2 B AD 232 Dickinson v Dodds (1876) 2 Ch Butler Machine Tool Ltd v Ex-cell-o Corp Ltd (1979) 1 WLR 401 (CA) Entores v Miles Far East Corporation (1955)3 WLR 48 (CA) Felthouse v Bindley (1863)11 CB NS 869 Poussard v Spiers (1876) LR 1 QBD 410 Bettini v Gye (1876) LR 1 QBD 183 Courtier v Hastie (1856)5 HL CAS 673 Raffles v Wichelhaus (1864)2 Hurl & C 906 Hartog v Colin and Shields (1939)3 ALL ER 566. Balfour v Balfour (1919) 2
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Task 4 Scenario 1 Mr Madison‚ council tenant he applied to purchase his own council house from the tenant and he also had a letter from the Edinburgh city council saying that they might be prepared to sell the house for 2180.00. Mr Madison said that the path to the house was in a bad state and questioned the price they had stated. Mr. Madison then learned from the council that the price cannot be changed as it has been fixed according to the condition of the property. Mr Madison wrote in to the
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Business Law Common Law Assignment Hayley Gramson Student No. 17004217 Word Count 1003 a) In a letter dated 14/02/2011‚ the manager (Dave) of Excellent Foods (EF) outlined conditions in writing to the manager (Ben) of Safe Foods (SF) in relation to the purchase of EF. These conditions were that SF must pay the valued amount of EF‚ which totaled $120‚000‚ $30‚000 more than the original amount that SF had been prepared to pay and stipulated
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Part A Contracts are an integral part of business and everyday life‚ and are fundamental to construction as the industry relies on the formation of contracts for business agreements. “Contracts are based on the idea of a bargain‚ where each side must put something into the bargain. A contract may be defined as ’an agreement which is binding on the parties’” (Galbraith‚ 1998‚ pg78). There are a number of key components which must be present in the formation of such contracts. Firstly‚ there
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An analysis of the general rule about acceptance by silence ZHANG Li Introduction Professor McKendrick in his book writes ‘The general rule is that silence does not amount to an acceptance and this is a good one’. He then gives the reasoning by the sale of unsolicited goods. I agree with this rule and the reasoning given by Professor McKendrick. But I think the reasoning mentioned above is just one situation in the general
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17/07/2013 CLWM4000 Business and Corporations Law Lecture Two Contract Law: Agreement‚ Intention to b e legally bound and consideration Objectives 1. To understand the relevance of intentions to create legal relations 2. To understand what is an offer and acceptance 3. Explaining the rules for offer and acceptance 4. Explain the importance of consideration 5. Explain the rules for consideration 6. Explain the concept of promissory estoppel Intention to create legal relations Intention
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Hyde v Wrench (1840) 3 Beav 334 Counter offer 11. Stevenson Jacques & Co. v McLean (1880) 5 QBD 346 Request for information is not a counter offer 12. Powell v Lee (1908) 99 LT 284 Acceptance through third parties – authorised agent 13. Felthouse v Bindley (1862) 11 CBNS 869 Silence as acceptance 14. Household Fire Insurance v Grant (1879) LR 4 ExD 216 Acceptance by post is effective when posted 15. Holwell Securities v Hughes [1974] WLR 155 Offeror can specify that posted acceptance is only effective
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AGREEMENT The existence of the contract depends on whether or not there was an agreement between the parties. The parties must be at consensus ad idem for the agreement to be valid. OFFER An offer is an expression made by the offeror to the offeree communicating the offeror’s willingness to perform a promise. Unilateral Contracts Case: Carlill v Carbolic Smoke Ball Co (1892) States that a unilateral contract brought into existence by the act of one party in response to a conditional
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