Classification of Contracts (7 – 1.30) Simple and formal contracts A formal contract is a written contract (such as a deed). A simple contract can be entirely orally or a combination of oral and written. Bilateral Contract: exchange of promise – one promise for another (a promisee’s promise in return for the promisor’s promise or vice versa) o Union Dominions Trust (Commercial) Ltd v Eagle Aircraft Services Ltd [1968] 1 All ER 104 at 108‚ Lord Diplock Unilateral Contract: A one way
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The Australian postal service In the 1950s‚ Australia’s postal needs were serviced by the PMG (Post Master General). The PMG was responsible for telegraph and home telephone operations‚ as well as postal services. In 1954‚ the PMG began offering the Teleprinter Exchange‚ or Telex‚ to the public. The telex was an electric typewriter that delivered typed messages along telegraph lines. This new technology was a great convenience‚ especially to businesses which no longer had to rely on the slower
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African Consolidated Resources Plc and Others Minister of Mines and Mining Development and Others (HC 6411/07) [2010] ZWHHC 86 (6 September 2010) Download original filesPDF format RTF format | | Bookmark/share this page | [Context] [Hide Context] HH 205-2010 HC 6411/07 IN THE HIGH COURT OF ZIMBABWE HELD AT HARARE In the matter between:- AFRICAN CONSOLIDATED RESOURCES Plc and DASHALOO INVESTMENTS (PVT) LTD and POSSESSION INVESTMENTS (PVT) LTD and HEAVY STUFF INVESTMENTS
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INTRODUCTION There has been debate over the Rule of Law suggesting a separation between the rules by law and rules made by mere power of a ruler. In the days of Aristotle and Plato‚ there was a clear distinction between rules and rule by mere power. These distinctions will be discussed below‚ detailing the benefits and defects of both types of rules. More recently‚ the Rule of Law encompasses both rules (mainly Statutes) and judiciary-made rules. Statutes are necessary to limit judges’ ultra vires
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Gissubel Hart’s Rule of Recognition and American Law According to Hart‚ a rule of recognition is the basis on which a society deems its laws to be valid. It is the reason for people in a society to act in accordance with primary and secondary rules set forth by the governing power. The primary justification for adherence to law is interpreted as the rule of recognition‚ for it defines obligation to such law as a standard for society. This foundation provides criteria for the validation of law and‚ though
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P85‚000.00. The pertinent provision of the contract reads: 3. For and in consideration of the use of the leased premises and above-mentioned equipment‚ the LESSEE hereby agrees to pay the LESSOR a monthly rental of EIGHTY FIVE THOUSAND PESOS (P85‚000.00) for the first year of this Contract reckoned from the date of signing. The monthly rental shall be payable within the first five days of each month without need of demand at the office of the LESSOR. In case of delay in the payment of the said monthly
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wCASE LAW * STILK v MYRICK (Law Of Contract: Rules of Consideration-m/s 18) Facts: the captain of a ship promises his crew that if they shared between them the work of two seamen who had deserted‚ the wages of the deserters would be shared out between them. Held: the promise was not binding because the seamen gave no consideration. They were already contractually bound to do any extra work to complete the voyage. * HEARTLEY v PONSONBY (Law Of Contract: Rules of Consideration-m/s 18) Facts:
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Apand Pty Ltd (1999) has been important cases in the history of Tort Law. Negligence is a complex term including advertent and inadvertent acts and omissions where there has been a failure to take reasonable care to prevent loss‚ damage or injury to others whom they could reasonably have foreseen might have been injured if that care was not taken. (Pentony at al. 2011) There are different categories of negligence and the one concerning the above mentioned cases is Pure Economic Loss. A claim for ‘pure’
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formation of a contract between the parties. However‚ she experienced numerous problems after the booking. First of all‚ as Sylvie’s son was ill‚ she wanted to transfer the holiday booking to her nephew. However‚ the travel agent did not allow this transfer. Secondly‚ Tours R Us wanted an extra payment of £50 because of a fault in the computers of the travel agency after the booking process. These two incidents caused the breach of the contract as the money was paid and a contract was formed between
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wider than is necessary to protect the legitimate interest of the employer. Attempting to stifle competition is impermissible and it is irrelevant that the employer taught the ex-employee everything he knows. The court area particular to prevent contracts‚ which seek to prevent an employee from practicing his livelihood. The courts have regard to three facts: - The period during which the restriction purports to apply. - The geographical area in which the restriction purports to apply. - The scope
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