For a contract to be legally binding all of the following elements must be present. If one or more is absent the contract will be considered invalid or void. The first element of the contract is Offer and Acceptance. For a contract to be considered valid one party (the offer) must make an offer to another party (the offeree). Before an offer is accepted it must be communicated to the offeree. A offer is immediately made into a contract when the offeree accepts the offeror’s tender. An offer can be
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Understanding the concept of contract is the important thing in answering this question.” A contract may be defined as an agreement between two or more parties that is intended to be legally binding”. This answer will highlight the main points to see the differences between an offer and an invitation to treat.” An offer may be defined as a statement of willingness to contract on specified terms made with the intention that‚ if accepted there will arise a binding contract”. On the other side‚ invitation
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LAWS1017 – CONTRACTS I – CASE SUMMARIES SESSION ONE – 2004 1 OFFER Gibson v Manchester City Council Carlill v Carbolic Smoke Ball Co MacRobertson Miller Airline Services v Commissioner of State Taxation Australian Woollen Mills Pty Ltd v Commonwealth Offers distinguished from Invitations to Treat Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd Revocation of an Offer Goldsborough‚ Mort & Co v Quinn Mobil Oil Australia Ltd v Wellcome International Pty Ltd ACCEPTANCE Relationship
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by express or implied contract or by law‚ in which one party (the agent) may act on behalf of another party (the principal) and bind that other party by words and/or actions. The etymology of the word agent or agency says much. The words are derived from the Latin verb ago‚ agere (the respective noun agens‚ agentis). The word denotes one who acts‚ a doer‚ force or power that accomplishes things.1 Agency is the exception to the doctrine of privity under the law of contract. 2. LIABILITY OF A PRINCIPAL
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DR AMBER v MAGGIE Selwyn Selikowitz Group No: 3613 Advice has been sought as to whether or not Dr. Amber has an enforceable contract with Furniture Comfort‚ and whether she is entitled by law to buy the couch at the discounted price. In order to address the issue‚ one needs to start by examining each of the four essential elements for contract formation: agreement‚ consideration‚ certainty and an intention to create legal relations.[1] 1. NEWSPAPER ADVERTISEMENT The newspaper advertisement
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Contract Law Assignment Advise Grab From looking at the facts laid out by Grab regarding the purchase of a sandwich shop‚ it seems that the most likely action is that of misrepresentation. A misrepresentation is defined at common law as "a statement of fact made by one party to the other party‚ which is false. While not necessarily forming a term of the contract‚ is yet one of the main reasons which induces the one party to enter into the contract" and is supported by the Misrepresentation Act
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CONTRACTS PROJECT ON NOVATION INDEX INTRODUCTION ………………………………………. 4 DEFINITION IN INDIAN CONTRACT ACT …… 5 ELEMENTS OF VALID NOVATION …………….. 5 KINDS OF NOVATION ……………………………… 5 CHANGE OF PARTIES ………………………………. 6 SUBSTITUTION OF NEW AGREEMENT …….. 7 NOVATION AGREEMENT IN BUSINESS ……. 8 MATERIAL ALTERATIONS ……………………….. 10 ASSIGNMENT VS NOVATION UNDER ENGLISH LAW…………………………………………................ 11 STATUTORY SUBSTITUTION OF
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of strangers to the relationship by the making of contracts or the [sale or purchase] of property." So‚ an agent is someone who represents another‚ called the principal‚ in dealings with third persons. Agency is therefore an exception to the general rule of contract law that only the parties to a contract are bound by it. Examples: a director for his company‚ a solicitor for his client Distinguish from other situations where one party acts on behalf of another: (i) Employment: Employment
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Consideration in contract formation ------------------------------------------------- Top of Form Consideration is essential to the formation of any contract made without deed. It distinguishes a bargain or contract from a gift. Lush J in the case of Currie v Misa (1875) referred consideration consist of a benefit to the promisor or a detriment to the promisee as: “Some right‚ interest‚ profit or benefit accruing to one party‚ or some forbearance‚ detriment‚ loss or responsibility given‚ suffered
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M2014036 1 2 Contract Defined An agreement between two or more parties representing a promise to be performed for consideration 3 Necessary Parts of a Typical Construction Contract O Parties identified O Parties make promises that constitute an offer O Both parties sign the contract O Both parties receive consideration: O Contractor – payment for work done O Owner – use of the completed project O Parties of the contract must have the LEGAL AUTHORITY to negotiate a contract 4 Contractual
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