4. NOTES 4.1. THE ESSENTIALS OF A VALID CONTRACT A. ESSENTIAL No 1 The Parties Must Act Within Their Contractual Capacity What is contractual capacity? We view it in relation to the concepts of personality and legal status: PERSONALITY – determines that you are a legal entity or persona. As a result of this personality you acquire legal status ie your legal status defines that legal personality further. STATUS then describes your legal “condition” eg a married woman‚ A public
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Short Paper: Living Ethically through a Social Contract Olivia Harris ETHC 445N: Principles of Ethics Living Ethically through a Social Contract Scenario 1: The Mayor of a large city was given a free membership in an exclusive golf club by people who have received several city contracts. He also accepted gifts from organizations that have not done business with the City but might in the future. The gifts ranged from $200 tickets to professional sports events to designer watches and jewelry
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and that ‘acceptance’ must be final and absolutely unconditional. This is clear under Australian contract law.” ------------------------------------------------- ------------------------------------------------- Discuss the accuracy of this statement. In order to discuss the accuracy of this statement we must first understand the concept of ‘acceptance’. The easiest way is to first study the definition of the word. ‘The action of consenting to receive or undertake something offered” (Google
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Ethical Considerations Grand Canyon University NRS-437V-O102 1. Explain the ethical implications of a breach of confidentiality. The ethical consequences of a breach of confidentiality can actually have a considerable effect on both the patient and the nurse and create ethical dilemmas. Information disclosure can occasion problems on a legal‚ professional and personal level (Marquis & Huston‚ 2009). In nursing‚ the ethical requirement for confidentiality is very important‚ because of the need
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Contract Law Name BUS 311 Business Law I Professor Date The law of contracts has been a part of our culture for a long time. Contracts are an agreement‚ either written or spoken‚ with a company or person to do something that is agreed upon with binding terms. Contracts are the glue that keeps the world of business together. They bind employees and companies‚ consumers and producers‚ and suppliers and wholesalers. A contract can vary from country to region or even jurisdiction‚ but a
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Mistake in contract law‚ is a factual misunderstanding that may lead to a failure of a meeting of the minds. Unilateral mistake is mean that is only one party is mistaken‚ but the other party knows‚ or ought reasonably to be aware of the mistake. Contract may be void or voidable. Void is a contract that is no legal effect. While‚ voidable is an agreement that may be affirmed or rejected at the option of one of the party. The reason why Lord Denning took the view that these two cases could not be
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common law‚ a contract is a legally binding agreement between two or more parties that sets an exchange of promises of what each party will or will not do".(Elliott‚2011‚p.13) The contract can be unilateral and bilateral. if the oferee can accept simply by promising to perform‚ the contract is bilateral. Bilateral contract is a "promise for a promise"‚ and in order to be formed‚ is not need for consideration to be made at the time when the promises are exchanged . In a unilateral contract‚one party
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|This Employment Agreement (“Agreement”) is made and entered into on | | |between | |whose principal place of business is located at | | |(hereinafter referred to as "Employer") and | | |whose present address and telephone number is
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apply the elements of the Tort of Negligence. Scope It includes the nature of general tortuous liability，the nature of employer’s liability，the application of the elements of the Tort of Negligence and vicarious liability. Background to study Case study No. 1 Facts: A bus belonging to Xiamen Bus Co Ltd had hit a school child on the pedestrian passing zone and was killed. Upon the occurrence of accident the driver was arrested by the police for killing in negligence. The deceased child’s family
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BU130 Working and Learning: Learning Contract template We have provided this template to help you to build up and structure your learning contract. You will find an introduction to the learning contract in Activity 1.6 of the Study Guide and you will find detailed guidance in the Learning Contract Guidance. This will have been sent to you as a printed booklet and is also available on the Study Resources section of the Module web-site. For each of the five sections of this template there
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