was: ‘Incorporation into Contracts by Signature’ Law on the Issue L’Estrange v. Graucob [1934] 2 KB. 394 A woman signed a contract for the purchase of a cigarette vending machine without reading the contract. The contract contained an exclusion clause‚ which took away all her rights under the Sale of Goods Act. The machine proved faulty and it was held that the sellers could rely on the clause because the purchaser had signified her consent to the terms of the contract by signing it and so the
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1. What is a Contract? Classify the types of contracts with suitable examples. Ans. A contract is an agreement reached between two or more persons involving the exchange of some goods or services .There are some key requirements for the establishment of a contract: * An offer & an acceptance * ‘Capacity or the ability to understand the consequences of a contract by persons of such age prescribed by law & those with sound mind. * ‘Mutual consent’ or agreement on the terms of a
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James informed him that he has sold the aluminium BMW lightweight motorbike and now he has only a racing motorbike available for sale for RM220‚000.00. Advise Dahari. (Total: 20 marks) Question 1 is about the law contract it entails issues regarding an invitation to treat (ITT)‚ the fact shows that James has placed an advertisement at the Star newspaper for the sale of his BMW motorbike. This is advertisement is not an offer‚ it had similar with the cases of‚ Majumder
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Business law *CONTRACT 1) consent- both parties agreed to the conditions of the contract The OFFER should be certain. *Vices of consent (contract is voidable) 1) error or mistake- honest mistake in the amount/ contract. Ex: error in number of units 2) violence or force- forced someone to sign a contract. You never really want to sign it. 3) intimidation or threat or duress- same with number 2. 4) undue influence- ex: superior talking to an employee “if you did not sign the contract meaning
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Bibliography: Textbook · Chen-Wishart‚ Mindy‚ Contract Law‚ (Oxford 2005) · H G Beale‚ WD Bishop & M P Furmston‚ Contract Cases and Materials‚ 4th ed. (Oxford 2005) Cases · Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council [1990] · Foakes v Beer (1884) [1881-5] All ER Rep 106‚ House of Lords · Central London Property Trust
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COLLEGE OF BUSINESS TMC COLLEGE LAW Individual Assignment The Importance of Understanding Business Law in Malaysia PREPARED FOR Mr. William Tan PREPARED BY Ilyassova Daniya SUBMISSION DATE 2 June 2014 Table of Content No. Details Page When doing a business it is important to understand laws that apply to your business‚ laws depend on the country you live in‚ but there are many
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Issue: The issue in this problem have 4 problems. This is whether or not there is fraudulent misrepresentation. And whether or not there is the legal contract. At the same time‚ whether or not the oral evidence rule it included. And it have whether or not the consumer guarantee. Rule- Fraudulent misrepresentation Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false. According to Andy and Douglas1 .An action for fraudulent
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bilateral mistake in the contract invalidates the lease‚ and therefore the pet clause is no longer enforceable. Also‚ the doctrine of promissory estoppel can be used to help Rafi not only keep his dog in the apartment but also recover the boarding fee from his landlord‚ as he relies on the landlord’s promise. There is a bilateral mistake in the contract‚ and therefore the contract is invalid When both parties are mistaken about a fact that goes to the heart of the contract‚ then either party has
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a) Identify aspects of the media report that relate to the law This article reports about the case filed by Anastassia Zissis suing McDonald’s after the slip on at the back of the Myer Centre. Anastassia Zissis injured due to slip on liquid that been spilled in an access passage. These gave rise to different areas of law such as: Contract Law According to Lambiris (2012)‚ the Contract Law is the law about private agreement that give rise to enforceable responsibilities and rights legally
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A contract can be defined as an agreement containing promises made between two or more parties with the intention of creating certain legal rights and obligations and enforceable in a court of law (Gibson & Fraser‚ 2012‚ Business Law‚ p303). A contract must be satisfied certain legal requirements which are agreements‚ intention to create legal relations‚ considerations and capacity. Agreement = Offer + Acceptance Therefore‚ here apply the rule
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