CONCEPTS IN THE LAW OF CONTRACTS Contracts are essential to business. They are a legal mechanism used in every industry and every part of the world to structure relationships among firms‚ and with customers‚ partners‚ and suppliers. Over several centuries‚ the law governing contracts has developed a large number of doctrines. Most are consistent with common sense‚ but unless you know what the rules are‚ you can easily make a mistake. This document introduces the fundamentals of contract law most relevant
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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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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 of opinion leads to a misrepresentation. Two possibilities: 1)
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Assignment: The rules of law enforcement I believe the police detectives conducted a lawful search and seizure because they were investigating robberies at two local electronic stores and during the investigating they received enough information to get a possible suspect. The detective suspected a person whom was wearing a heavy coat in a summer in Phoenix. That appeared to be strange‚ and he fit the height description so the detectives pulled over to speak to him. The suspect’s fourth amendment
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who violate laws with criminal penalties‚ and rehabilitation efforts. The Criminal Justice System consists of three parts: law enforcement‚ adjudication‚ and corrections. In the Criminal Justice System‚ these agencies work together under the rule of law and maintaining the rule of law within society. LAW ENFORCEMENT The first to have contact with the offender is the police officer or law enforcement‚ who investigates a wrong-doing and makes an arrest. When you have a warrant‚ law enforcement
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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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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 vs Cabolic Smoke
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Contract Law 1 Intention to Create Legal Relations In order for a contract to be valid there must be intention to create legal relations. Enright notes ‘the requirement of intention to create legal relations is a final doorkeeper in contract. It determines which agreements supported by consideration shall be covered by contract law and which shall merely be morally binding.’ This requirement was expressly stated for the first time in Heilbut‚ Symons & Co V Buckleton. Friel notes that important
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This assignment involves me: * Explaining the law with respect to consumer protection * Analysing how consumers are protected in the event of a breach of contract for sale of goods * Describing remedies available for breach of contract * Analysing the remedies available to a business provider in the event of a breach of contract for the supply of goods or services Task 1 Heep Ltd want to leave some lorries for two weeks at micawbers garage‚ the following morning heep received a
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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 of reformation sought. On May 15‚ 1992
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