Contracts II Outline Fall 2005 Professor Jean Powers Cited to Crandall & Whaley’s Contracts‚ 4th Edition I) Damages (227) A) Introduction (227) 1) General Rule – Contract damages should put the π in as good of a position as if the contract was fulfilled. 2) No action on a contract need be present for damages to be proper. An executory contract will suffice. B) Measuring Expectation Damages (229) 1) Expectation = Expected Value + Costs – Expenses Mitigated 2) Repair Theory – Damages should
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call these contracts derivatives? Where is the optionality in these contracts? Weather derivatives structures commonly used are: i) cap - a call option; ii) Floor - a put option; iii) Collar - a put and a call option‚ usually with little or no premium; iv) Swap - a derivative with a profit and loss profile of a futures contract v) Digital option - an option that pays either a predetermined amount if acertain temperature or degree day level is reached‚ or nothing at all in other case. A business
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Contract of employment Employer: Al-Futtaim real estate Company Dubai – UAE Employee: Ahmed Tarek Mohamed Sharjah – 22 Al Wahda Street UAE Place of Work: The Employee shall be based for the time being at Al-Futtaim real estate Company in Sharjah. 1. Job Function: The Employee shall be employed as Accountant 2. Probationary Period: A probationary period of three months will apply. A letter‚ notifying the Employee of his appointment to permanent staff‚ will be
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Mistake in contract law‚ is a factual misunderstanding that may lead to a failure of a meeting of the minds. Unilateral mistake is mean that is only one party is mistaken‚ but the other party knows‚ or ought reasonably to be aware of the mistake. Contract may be void or voidable. Void is a contract that is no legal effect. While‚ voidable is an agreement that may be affirmed or rejected at the option of one of the party. The reason why Lord Denning took the view that these two cases could not be
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the Sale of Goods Act (1979)‚ there are strict rules that a seller/ retailer must abide by once they have entered into a contract. The goods must be as described (section 13)‚ of satisfactory quality (section 14 [2]) and fit for purpose (section 14 [3]). Both section 13 and 14 have strict liability attached to them. The court will not investigate into the mind of the seller at the time or observe how much they tried but all they will look for is if there is a breach in the contract and if there is
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A type of contract‚ a legally binding agreement between two parties to do a certain thing‚ in which one side has all the bargaining power and uses it to write the contract primarily to his or her advantage[1]. Breach of Contract Common Breaches of Contract When any contract is made an agreement is formed between parties to carry out a service and payment for that service. If one of the parties fails to carry out their side of the agreement then the party can be said to be in breach of contract
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Law of Agency – the Contracts Act 1950 Great Northern Railway Co v Swaffield states that where impossible to get principal’s instructions‚ the agent’s action is necessary to prevent loss and the agent has acted in good faith‚ an agency of necessity arises. The Contracts Act 1950 states that an agent has to obey principal’s instructions. The Contracts Act 1950 states that an agent has to be careful‚ diligent and use any skill that he may
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CONTENTS 1. BACKGROUND: 1 2. CONTRACT: 1 2.1 VALID CONTRACT: 2 2.2 VOID CONTRACT: 2 2.3 VOIDABLE CONTRACT: 2 3. SALES CONTRACT: 3 3.1 SUBJECT MATTER (MAL): 3 3.2 CLASSIFICATION OF MAL: 4 3.3 CONDITIONS OF VALIDITY OF SALE: 4 3.4 PROHIBITED SALES: 7 3.5 KINDS OF SALE TRANSACTIONS: 10 3.5.1 BAY AL MUQAYADAH: 11 3.5.2 BAY AL MUTLAQ: 11 3.5.3 BAY AL SARF: 12 3.5.4 SALAM CONTRACT: 13 3.5.5 ISTISNA 16 3.5.6 MURABAHAH 19 3.5.7 BAY’AL-MUAJJAL 22 4
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ESSEX INTERNATIONAL COLLEGE Programme: Unit Number: Unit Title: Unit Code: Credit Value: QCF Level: BTEC Higher National Diploma (HND) in Business 05 Aspects of Contract and Negligence for Business Y/601/0563 15 4 Writer of the brief: Internal Verifier name: Mr Alfred Dr. Keith Learning outcomes and criteria covered by this assignment: All pass criteria All merit descriptors All distinction descriptors Key dates: Assignment distribution date to learners: Assignment/Portfolio
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it possible for one standard form of construction contract to meet the need of every project? Discuss by reference to at least two forms in common use in industry. | 2 | 1.0 | What is a Construction Contract? | 2 | 1.1 | Why use a standard form of contract? | 3 | 2.0 | Different forms of contract | 3 | | 2.1 PWD (Public Works Department) FORM OF AGREEMENT | 4 | | 2.2 FIDIC | 4 | 3.0 | Main differences between both forms of contract | 6 | | 3.1 Payments | 7 | | 3.2 Variation
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