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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1. Introduction – What is a Contract? 1.1 Definitions Not all agreements will be contract enforceable in law - social arrangements‚ for example‚ or contracts which offend against public decency and public policy and those which involve criminal activity. ‘A contract is an agreement giving rise to obligations which are enforced or recognised by law. The factor which distinguishes contractual from other legal obligations is that they are based on the agreement of the contracting parties.’ Treitel
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Introduction A contract is defined as an agreement enforceable by law. Hence for all contracts there should have an agreement. The agreement arises by one of the parties making an offer and its acceptance by the other party. Both offer and acceptance create an agreement. In simple contract should first contain an offer made by one party to the other. What is an offer? As per Sec 2(a) of the contract act “When one person signifies to another his
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CHAPTER 11 NATURE AND CLASSES OF CONTRACTS CHAPTER OUTLINE A. NATURE OF CONTRACTS 1. DEFINITION OF A CONTRACT general rule. A contract is a legally binding agreement. Stated another way‚ "a contract is a promise or a set of promises for the breach of which the law gives a remedy‚ or the performance of which the law in some way recognizes as a duty." (Restatement‚ Contracts‚ 2d) study hint. The essence of a contract is that (1) by mutual agreement (2) parties create obligations
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INTRODUCTION This case presents the actual family-business dilemma and identities have been changed to protect family privacy. The author’s opinions do not necessarily reflect the views of the Malaysian Institute of Accountants and this case was written for academic purpose only and the author disclaims any legal responsibilities. This report will be discussed more details about the issues that arise in the company. Those issues are about the leadership‚ management and also
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Translation procedures‚ strategies and methods Technical procedures (Nida) Technical procedures (Nida) Analysis of the source and target languages Analysis of the source and target languages Analysis of the source and target languages Analysis of the source and target languages Organizational procedures (Nida) Organizational procedures (Nida) Constant reevaluation of the attempt made; contrasting it with the existing available translations of the same text done by other
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the best way to resolve your dispute with Motor Services (Medway) Ltd would not be through the use of litigation as you stated your intentions in your case file however would be to engage in an alternative dispute resolution (ADR) first‚ with litigation being a final resort. Our professional opinion noted that mediation would be the best process to use for your specific situation as will give you the best chance to come to a mutual agreement and resolve this dispute without the need for legal intervention
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Business Scenarios and Case Problems 9-1. Contracts by Minors…Discuss Kalen’s liability in this situation. Kalen is a seventeen year old boy who rented an apartment for $500 a month‚ after consistently paying for rent for 4 months‚ he decides to return the key and not pay rent for the rest of the remaining months on the contract. I would think that this is classified as “disaffirmance”. Since he is seventeen‚ and a minor when he leaves the apartment‚ he is able to legally avoid his contractual obligation
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Waterside Dispute 1951 Hayley Ross 13SA 1951 was post war and the country was booming economically‚ for this reason the cost of living was rising substantially. The federation of Labour took out a general wage order through the Arbitration Court and promised everyone in the unions covered by this court to a 15% pay rise. This was meant to include the watersiders‚ but the Waterfront Industry Commission was in control of the watersider’s wages‚ they broke this promise of a pay rise and said that
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Universiteit van Amsterdam Faculteit der Rechtsgeleerdheid Anglo-American Contract and Tort law Interpretation of contracts ‘’ To what extend does the interpretation of Dutch contracts differ from English contracts. ’’ Naam: A.N.Y. van der Looij Studentnummer: 5610303 Begeleider: Professor H. Beale Amsterdam‚ 14th of June 2013 Table of contents Chapter 1 Preface 3 1.1 Neccessity of interpretation 3 1.2 ‘’Objective’’ and ‘’Subjective’’ interpretation 3
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