DISCHARGEMENT OF CONTRACT The law of contracts forms a substantial part of our various relationships that can have some sort of influence over us on an almost daily basis – even when there is no physical contract in front of us we may still be privy to some sort of contractual obligation. Alternatively‚ if you’re a fan of social theorists such as Jean-Jacques Rousseau‚ you may argue that we’re also bound by ‘the social contract’‚ but we digress. Getting back to our original point
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Unit 5 Practice Test 1. All contracts involving interests in land must be in writing to be enforceable –T 2. A contract that by its own terms cannot be performed within a year must be in writing to be enforceable -T 3. All promises must be in writing to be enforceable -F 4. There are no exceptions to the Statute of Frauds -F 5. The rights under a contract for personal service normally can be assigned - F 6. A contract that contains a clause prohibiting its assignment will usually prevent it from
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ligation against NoBugs for breach of contract Sterling have a case. Both sides has agreed to enter into a pact‚ on mutually beneficial business terms‚ where NoBugs are responsible for providing high quality microchips without defects‚ and Sterling would help NoBugs in achieving high business growth. For a breach of contract you must have two things in your favor. Caused damages in the form of currency compensations necessitating that you have lost money because of the breach. Then‚ you need material
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As you know‚ eight months ago we entered into a contract with Citizen-Schwarz AG to create custom e-banking software. The agreed contract outlined the details of the arrangement‚ including on-schedule delivery and quality of the deliverables‚ strong communication between both parties‚ procedures for any changes in the system requirements‚ intellectual property rights‚ and dispute management procedures. Depending on our performance‚ we were projecting to gain an additional contract with C-S’s larger
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2nd of feb CASES MALLIK V BCC: Malik and Mahmud v Bank of Credit and Commerce International SA [1997] UKHL 23 is a leading English contract law and UK labour law case‚ which confirmed the existence of the implied term of mutual trust and confidence in all contracts of employment. Facts: Mr Malik and Mr Mahmud both worked for the Bank of Credit and Commerce International. BCCI went insolvent due to massive fraud‚ connection with terrorists‚ money-laundering‚ extortion and a raft of other criminal
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Implied 3) Executory and Executed What elements does a contract need to be enforceable? 1) Agreement 2) Legality 3) Consideration 4) Capacity What elements would constitute a discharge of a contract? 1) Material breach 2) Minor breach 3) Anticipatory breach 4) Mutual Rescission 5) Accord/Satisfaction What is a bilateral contract? Both parties make a promise. What is a unilateral contract? One party make a promise that the other party can accept only by doing something
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INDUSTRIAL COURT OF MALAYSIA CASE NO. 12/4-410/04 BETWEEN ENCIK YAP CHO HEEON AND FIMCO MANAGEMENT SDN. BHD. AWARD NO. 704 OF 2012 Before : Y.A. TUAN GULAM MUHIADDEEN BIN ABDUL AZIZ - CHAIRMAN Venue : Industrial Court‚ Malaysia Kuala Lumpur Date of Reference : 27.02.2004 Dates of Mention : 25.05.2004; 07.12.2004; 15.09.2005; 31.05.2007; 03.12.2008; 23.09.2010; 17.01.2011; 06.04.2011; 10.08.2004; 16.12.2004; 12.07.2006; 31.03.2008; 03.06.2010; 28.10.2010; 17.02.2011; 11.05.2011; 08.09.2004;
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‘‘Psychological contract’ is defined as the implied obligations of parties in the employment relationship.’ Rousseau (1995) A psychological contract measures employee performance‚ attitudes and the well being of employees. It has proved to be an important aspect of a work place. It looks at the seriousness of situations by both employers and employees by looking at the effect it has on worker behavioural patterns. The process of forming a psychological contract
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unhappy with the company’s expansion plan as she is a muslim and doesn’t want to be associated with a company that manufacture and sells liquor. Based on the above facts‚ decide: a. whether Tyra would be successful in her action against CUB for breach of contract; and b. whether Giselle would be able to restraint the company from carrying on the business of
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Span Systems Memo To: Kevin Grant From: Mike Smith CC: Harold Smith Date: 8/24/2007 Re: Citizen-Schwarz AG Contract In the future‚ if Citizen-Schwarz AG continues to change their original contract requirements there needs to be sign offs from both Span Systems and Citizen-Schwarz AG directors. Prior to Span Systems’ director signing off Citizen-Schwarz AG’s request‚ a panel of senior programmers at Span Systems needs to approve the request‚ so programming changes can be adequately evaluated
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