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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Q. What is a general offer? How is a contract created through general offer? Refer to leading cases. An offer may be made to the world at large. Such an offer is a general offer. However‚ a contract is not done with the whole world but only with the person who comes forward and accepts the offer. The acceptance might be express or implied. As per Anson‚ "An offer need not be made to an asertained person‚ but no contract can arise until it is accepted by an ascertained person". Case of Carllil
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Introduction: Contract law is come from a Latin phrase‚ which is pacta sunt servanda (pacts must be kept). Everyday‚ all of us make contracts. It can be a written contract if required‚ for example when buying a car. On the other hand‚ the most common of contracts can be and are made orally‚ like buying from the mini market. A contract intends to make a legal agreement between two or more people or businesses (called parties) that sets forth what the parties will or will not do. Thus‚ The law recognizes
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The Business School | | Assignment Topic Due Date: Friday‚ noon‚ of week 8 Semester Two 2012 word count:1470 words 1.in this situation‚ first we need to identify if there is a legal binding contract‚ a contract is a agreement which the law will enforce‚ a contract is a part of common law‚ common law is also called custom law‚ it is made by the judge to protect the community against the crimes‚ when an issue goes to court and there is no statue law that covers it‚ a judge will hear the case
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it would be unjust and unequitable to allow the enforcement of a written instrument which does not reflect or disclose the real meeting of the minds of the parties. 3 However‚ an action for reformation must be brought within the period prescribed by law‚ otherwise‚ it will be barred by the mere lapse of time. The issue in this case is whether or not the complaint for reformation filed by respondent Leyte Gulf Traders‚ Inc. has prescribed and in the negative‚ whether or not it is entitled to the remedy
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Philip for a price 30 percent below market value‚ Philip will no longer support and take care of him. Jerome enters into the contract. Discuss fully whether Jerome can set aside this contract. Yes‚ I believe Jerome can set aside the contract because it was formed under undue influence and duress. Since Jerome is totally dependent on Philip for his support and the contract benefits the guardian by being able to purchase the land for below market price – this makes Jerome feel obligated because he
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thefreedictionary.com. The duties are a series of common law‚ statutory‚ and equitable obligations. The duties are analogous to duties owed by trustees to beneficiaries‚ and by agents to principals. Directors owe duties to the corporation‚ and not to individual shareholders‚ employees or creditors outside exceptional circumstances. The duties of a director are divided in two sections‚ the common law duties and the statutory duties of directorship. Common law duties; Duty of Good Faith The most general obligation
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Scott entered into a unilateral contract with Hume. Scott used the large signboard to offer $1000 to the ballplayer who hit a homerun over the sign. This is a promise for an act. Hume completed the performance of the act by hitting the homerun over the sign and therefore the unilateral contract between them was formed. Perry and Scott do not have a contract. The offer that he is intending to collect on was never actually offered to him as Otis did not change the sign in the allotted time frame
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Unit 21 – Aspects of Contract and Business Law Assignment Unit 21 Candidate Full Name: Date issued: Candidate Number: Date due for return: Teacher: Mr M Tissot Date submitted: Email: Learning Outcomes When you have finished this unit you should: 1 Be able to apply the requirements for a valid contract 2 Understand the impact of statutory consumer protection on the parties to a contract 3 Understand the meaning and effect of terms in a standard form contract 4 Be able to apply the
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treat was established following the case of Partridge v Crittenden. If Celia’s advertisement was an offer‚ she would be contractually obliged to sell her goods to every customer even if there is no continuity of stock. Hence‚ she is liable for breach of contract if there were more acceptances than she can satisfy as only 5 handbags are up for sale. Furthermore‚ the advertisement does not include further details on the bags and leaves room for negotiation. It states that it is suitable for all tastes
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