Lec 4 Chap 29 United domains Corp v Brian Pty Ltd(p200): Was the agreement a joint venture or partnership? Decision: High court held that the parties were in a partnership; hence United Domain was entitled to share in profit. Canny Gabrial Castle v Volume Sales(p200): Canny Gabrial argued that the 2 companies were joint ventures Decision: Agreement was partnership Polkinghorne v Holland(p205): Was the giving of financial advice outside the ordinary business of the law firm‚ such that
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Intention: Non-commercial agreements:1.Where the agreement between the parties is of a non-commercial nature‚ it is presumed that the parties do not intend to create legal relations (Balfour v Balfour). Where the agreement between the parties is of a commercial nature‚ it is presumed that the parties do intend to create legal relations(Balfour v Balfour). The presumption in social arrangements is that there is no intention to create legal relations(Edwards v Skyways Ltd)..(Social agreements in friends/acquaintances
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Contracts (C3‚ pg 58) |Nature of contract |- Legal relationship consisting of the right and promises constituting an agreement between the parties that give each party a legal | | |duty to the other and also the right to seek for breach of those duties | | |- Consensus ad idem (meeting of minds); what the parties agree on must be clear and unambiguous and parties must be ad idem. |
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[pic] BUS 201 Contract Law & Agency Law Group-Based Assignment Group Members PI No Lua Lee Hui M0902119 Mohamed Idris Gurney K0901115 Ng Kong Yuan David M0901042 C O N T E N T S P A G E Question 1 3-9 Question 2 10-13 Question 1 14-16 References 17 Question 1
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Assignment 1 – Understanding the legal requirements for a valid contract The essential elements for a contract‚ who apply in all cases‚ are: 1. Offer- made by offeror to the offeree ‚ it is very important to distinguish this from invitation to treat ( which invites offers to be made) 2. Acceptance – Offeree accepts the offer that has been made. Rolls Royce Car 3. Consideration- Something of value passes between the two parties e.g.: A
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FORMATION OF A CONTRACT OFFER AND ACCEPTANCE For a contract to be valid‚ firstly there must be an AGREEMENT between the parties i.e. one party must make an OFFER which is UNCONDITIONALLY ACCEPTED by the other. OFFER What is an offer ? An offer is a promise that the person making the offer (known as the offeror) is prepared to be legally bound upon specified terms – he is making a statement of the terms on which he is prepared to be legally bound‚ for example A
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Asif Tufal Contract-Law-page CASES ON FORMATION OF A CONTRACT OFFER Payne v Cave (1789) The defendant made the highest bid for the plaintiff’s goods at an auction sale‚ but he withdrew his bid before the fall of the auctioneer’s hammer. It was held that the defendant was not bound to purchase the goods. His bid amounted to an offer which he was entitled to withdraw at any time before the auctioneer signified acceptance by knocking down the hammer. Note: The common law rule laid down in
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R v Clarke: arrested‚ tried to get reward money‚ offered info for bail not for money Communicated(by words or conduct): Case Felthouse v Bindley (silence is no): Plaintiff uncle offered price on horse‚ saying if he gets no response he considers the horse his at that price Empirical Holdings
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Offer ( Topic 3) Is a proposal the acceptance of which establishes the existence of an agreement. It shows a promissory intent. In other words‚ it is a promise to do or refrain from doing something. - Usually upon condition that the other party agrees to do or refrain from doing something else in return. - Harvey v. Facey Harvey sent to Facey a telegram to buy Bumper Hall Pen. He asks Facey to telegram the lowest price. Facey telegram the lowest cash price £900. Harvey says agree to
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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?
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