Part 1 A contract is an agreement between two or more parties‚ which can be legally enforceable. A contract maybe written or oral‚ although an oral agreement can be difficult to prove in court. In order for a contract to exist it must include four elements‚ that being offer‚ acceptance‚ intention and consideration. (Sweeney & O’Reilly 2007 pg 160). A contract only exists when an offer has been accepted‚ an offer has the intention to be legally binding and the willingness to contract on certain conditions
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CONTRACT OF EMPLOYMENT This Agreement is entered into this 09th of February 2011 by between. New Life Pharmaceuticals Inc. PHILIPPINES‚ a corporation duly organized and existing under the laws of the Republic of the Philippines with office address at the 2667‚ Honduras Street Batangas Cor. Brgy. San Isidro Makati‚ Philippines‚ as represented by its General Manager Sreedhar Nagarajan hereinafter referred to as the “EMPLOYER”; -and- Sandeep Toshkani Indian of legal age‚ currently residing at
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Nd Contracts Outline Professor Murray 1. Contract Remedies (Chapter One) What is a contract?- promise or set of promises‚ for breach of which the law gives a remedy or the performance of which the law recognizes as a duty. Types of contracts- a. express: formed by language‚ oral or written b. implied: formed by manifestations of assent other than oral or written language; by conduct. c. quasi: not contracts at all‚ construed by courts to avoid unjust enrichment‚ by permitting plaintiff
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1. Lakshminarayan Ram Gopal and Son Ltd V. The Government of Hyderabad‚ AIR 1954 SC 364 FACTS: An Agency agreement was entered into between the Mills Company and the appellants appointing the appellants it’s Agents for a period of 30 years. The appellants throughout worked only as the Agents of the Mills Company and for the Fasli years 1351 and 1352 they received their remuneration under the terms of the Agency agreement. Notice was sent to the appellants to pay the amount of tax appertaining to
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Contracts Review Common law majority Rule UCC Article 1 & 2 (transaction in goods)- usually same as majority common law except in a few areas Significant minority rules- will be on test and are there to fool you. DO NOT CHOOSE! 34 Contracts MCQ * 60% Offer and Acceptance (6-8 Qs)‚ Conditions (6-8Qs) and Remedies- UCC and Common law (6-8 Qs) * 40% - 1-2Qs on the following areas * Consideration * 3rd party beneficiaries * Assignments and delegations * Statute
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History of Contract in India The Third Law commission of British India formed in 1861 under the stewardship of Chairman Sir John Romilly‚ with initial members as Sir Edward Ryan‚ R. Lowe‚ J.M. Macleod‚ Sir W. Erle (succeeded by Sir. W.M. James) and Justice Wills (succeeded by J. Henderson)‚ had presented the report on contract law for India as Draft Contract Law (1866). The Draft Law was enacted as The Act 9 of 1872 on 25th April 1872 and the Indian Contract Act‚ 1872 came into force with effect
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CONTRACT LAW – LECTURE 4 Promissory estoppel Is about the enforceability of all alteration promises (promises to pay more and promises to accept less) and by contrast estoppels does not apply to promises about the formation of initial contracts Ex. If a creditor promises to accept a smaller sum in full settlement intending the debtor to rely on that promise‚ and the debtor does rely on it‚ the debtor may have a defence of promissory estoppels when sued for the balance by the creditor. The promise
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Introduction For parties to be bound by an agreement‚ it must first be determined if a prima facie valid and enforceable contract exists. 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 [1]. For a legally binding contract to exist the following elements must be satisfied: 1. An offer must exist 2. The offer must be accepted 3
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DURESS 1. Generally If one party pressures the contractual consent of another by duress the contract is voidable by that other party (See Also s 52A TPA and s 39 FTA). The common law has long recognised that duress‚ in the form of coercion of the plaintiff’s will through illegitimate pressure or threats to the plaintiff’s interests‚ render a contract voidable (Barton v Armstrong). Traditionally‚ the common law concept of duress was limited to actual or threatened violence to the person of
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Week 1 – Welcome / Introduction to Law I. 1. 2. 3. 4. Introduction to Law Not Not Not Not Divine Law‚ law of religion and faith Natural Law‚ justice‚ fairness and righteousness Moral Law‚ norms of good and right conduct Physical Law‚ order or regularity in nature Sources of Law i) i) Constitution – Fundamental Law of the land ii) ii) Legislations – Passed by Senate and House of Representatives iii) iii) Administrative issuances – Quasi Legislative Functions iv) iv) Jurisprudence – Decisions of the
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