Lecture 8 Law of Contract: Genuine Consent INTRODUCTION Although the contract may have the essentials of a valid offer‚ acceptance‚ legal intentions and consideration‚ its validity or enforceability may be affected by a number of factors. The agreement may be wanting in genuine consent between the parties. That is‚ although the parties may appear to have reached an agreement‚ it may not have been genuinely achieved because of misconduct‚ pressure‚ unfairness‚ or fear by those involved
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081-AC1221-60 Company Law ASSIGNMENT ONE The case concerns the pre-incorporation contracts. Firstly‚ it is necessary to define the pre-incorporation contracts. They are the contacts which the promoter wants to enter the contract before a company is incorporated. Under Common law position‚ the company cannot gain contractual rights or incurs liabilities from a pre-incorporation contract. Also; the pre-incorporation contracts cannot bind the company. In this case‚ Bosco is the promoter who
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Contract laws are governed by the common law and the Uniform Commercial Code. The difference is that common law usually governs transactions with real estate‚ services‚ intangible assets‚ insurance and employment while UCC governs contractual transactions of goods and tangible goods like a house. It’s very vital to understand their difference especially when dealing with contacts. ANALYSIS OF THE 3 CASES IN SUBMISSION 5-8 1. UCC laws will apply in Maria’s case‚ the laws states that a change to an
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With the presence of contract law‚ it helps to elimiate any injustice an individual or company might face when engaging in negotiation. It protects the interest of the different parties involved. In the case given‚ contract law will jusitiy an individual legal rights. The element of contract law includes offer‚ acceptance‚ consideration and an intention to create legal relation. In the scarnio give‚ we need to ascertain the basic fundamental of the contract law. The possibility of Bill taking legal
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CONSIDERATION A. Legal Sufficiency 1. Adequacy 2. Unilateral Contracts 3. Bilateral Contracts 4. Illusory Promises a. Output and Requirement Contracts b. Exclusive Dealing Contracts c. Conditional Promises 5. Pre-existing Obligation a. Modification of a Pre-existing Contract b. Substituted Contracts c. Settlement of a Undisputed Debt d. Settlement of an Disputed Debt B. Bargained-For-Exchange 1. Past Consideration 2. Third Parties C. Contracts without Consideration 1. Promises to Perform Prior Unenforceable
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in contract and is seeking damages of $30‚000 which he believes is the outstanding amount that is owed to him by J. This case touches on the fundamental concepts of contract law where H can only claim damages if the formation of a valid contract between the two parties is evident via the elements of a contract‚ including intention‚ agreement‚ consideration‚ legal capacity‚ genuine consent and legality of objects must be established. Once these elements are satisfied‚ the terms of the contract need
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Graduate Diploma in Law Contract Law Examination Paper DATE: 16 June 2010 TIME: AM TIME ALLOWED: THREE HOURS INSTRUCTIONS TO CANDIDATES Where questions are sub-divided‚ candidates should not expect the sub-divisions necessarily to be of equal weight. Materials provided: GDL Statutory Extracts (which MUST be returned UNMARKED at the end of the examination). You must answer THREE questions out of SIX Continued Overleaf OA6544 1 © The College of Law 2010 This is
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Misrepresentation Step 1. Determine whether the meaning of the representation is false or not – objective test Step 2. Three possibilities of a misrepresentation: 1) It is a term of the contract; 2) It constitutes a collateral contract; 3) Does not acquire contractual status at all. Step 3. Results: 1) Rescission of the contract; 2) Damages in tort (if the tort of deceit or the tort of negligence can be made out) Smith v Lane & House Property Corp This case deals with the situation that a statement
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Lewis Outlined below is a neutral perspective on a civil law scenario. The text will include an unbiased opinion on whether Susan had any form of contract with House of Lewis Stores LTD and a personal opinion in relation to a compensation claim. Contract law and a personal interpretation will also be discussed. The presence of a contract is only determined when a certain criteria is met‚ this is what known as the elements of a contract‚ these are as follows; The first of these is the offer‚ there
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the terms outlined in a contract until they find themselves at the receiving end of litigation. In addition‚ they do not recognize that a contract can be established with as little as a verbal agreement between parties which can‚ as with a written contract‚ become the basis to award damages in the event that one or more members default on the agreement. When individuals make purchases they form contracts with the entity whose business they patronize. Formation of a contract for sale need only entail
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