Contract law – contract formation Figure 1: Elements required for a contract to be recognised by law Using Figure 1 above‚ and your knowledge of the elements required for contract formation‚ consider whether a contract recognised by law has been made in each of the scenarios below. Scenario IS THERE A contract? James is selling his car for $5000. Lucy comes to look at it‚ and says that she loves it‚ but that she only has $4800 to spend. James says he will accept $4800‚ as long as Lucy
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What is Contract Farming ? Contract farming arrangements of different types have existed in various parts of the country for centuries for both subsistence and commercial crops. The commercial crops like sugarcane‚ cotton‚ tea‚ coffee etc. Have always involved some forms of contract farming. Even in the case of some fruit crops and fisheries‚ contract farming arrangements‚ involving mainly the forward trading of commodities have been observed. However‚ in the wake of economic
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LAW204 - CONTRACTS Week 5 – Express Terms ___________ ** N.B. The main cases covered in lectures‚ containing MAIN RULES are highlighted in YELLOW! READINGS/LECTURE CHAPTER 10 – EXPRESS TERMS Introduction – Contents of a Contract? Express Terms: contain contractual promise and terms that are capable of being Incorporation by pre-contractual statement: Courts look at what the parties said Have these statements become express terms? Statements the court acknowledges: Irrelevant
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What is the psychological contract? Examine to what extent it is applicable in the 21st century What is the psychological contract? Nowadays‚ job-hopping has been a prevalent phenomenon. People change their jobs frequently for they are not satisfied with the present situation. This action of employees‚ however‚ brings tremendous stress and trouble to many enterprises. Therefore‚ the psychological contract is becoming increasingly important that more and more people
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Procedure: A suit was filed by Gary Porter in the Utah State Court against Fox with alleging breech of an implied-in-fact contract. The court granted summary judgment for Porter‚ which Fox later appealed to a state intermediate court. Issue: If sections of a contract are left out by mistake‚ is the contract still valid and enforceable? Were all the requirements of an implied-in-fact contract met? Holding: Yes Reasoning: The appellate court affirmed the lower courts summary judgment in favor of Porter
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NOTES FOR THE CHARTERED INSTITUTE OF BUILDING AN INTRODUCTION TO CONTRACT LAW OR (GETTING IN AND OUT OF A CONTRACT) Thursday 14 June 2012 by Keith Blizzard‚ Partner‚ Shakespeares Legal LLP BSc(Hons) DipArb FRICS FCIOB FCIArb FFB MEWI Chartered Quantity Surveyor‚ Chartered Builder‚ Chartered Arbitrator‚ Panel Adjudicator‚ Accredited and Panel Mediator‚ Forensic Surveyor and Lecturer Somerset House Temple Street Birmingham B2 5DJ t 0121 237 3000 d 0121 631 5221 f 0121 237 3030 e keith
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A standard form contract (sometimes referred to as an adhesion contract or boilerplate contract) is a contract between two parties that does not allow for negotiation‚ i.e. take it or leave it. It is often a contract that is entered into between unequal bargaining partners‚ such as when an individual customer is given a contract by the salesperson of a multinational corporation. The customer is in no position to renegotiate the standard terms of the contract and the company ’s representative usually
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Void and Illegal Contracts Void Contracts Void contracts are basically those which contravene a provision in a statute or are contrary to public policy at common law but to which the ex turpi causa principle does not apply. Void by Statute A statute may declare expressly that a particular contract is void‚ eg s 45 of the Trade Practices Act 1974 which provides that clauses purporting to exclude‚ restrict‚ or modify the liability of a corporation imposed by Division 2 Part V of the Act (that
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Intro and formation of contracts . Basic Legal Contract Principles People have a right to contract – conduct is voluntary. Anything that takes away voluntariness is questionable‚ e.g.‚ duress‚ economic duress‚ fraud‚ coercion. People have right to breach. But must place other party in the same position for which they contracted‚ so must pay them damages. If legal remedy does not work and P is entitled to be placed into performance‚ then must order specific performance. Specific performance
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FINAL DRAFT ON THE TOPIC OF IMPORTANCE OF INDEMNITY CONTRACTS INDEX S.No PARTICULARS PAGE.No 1. INTRODUCTION 5 2. ENFORCEMENT 8 3. INDEMNITY IN IPR 10 4. REASONS FOR NOT GIVING INDEMNITY IN IPR 12 5. FINDINGS 13 6. CONCLUSION 14 TITLE – IMPORTANCE OF INDEMNITY CONTRACTS OBJECTIVE- TO FIND OUT THE RELEVANCE OF INDEMNITY CONTRACTS IN INDIA AND OTHER COUNTRIES THROUGH PROPER ANALYSIS SCOPE – IT IS A DOCTRINAL RESEARCH INTRODUCTION The concept of indemnity is based on a contractual
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