NOVATION (Article 1291) * The extinction of an obligation through the creation of a new one which substitutes it * The substi or change of an oblig by another‚ which extinguishes or modifies the first‚ either: * by changing its object or principal conditions * by substi another in place of the debtor * by subrogating a third person in the rights of the creditor (Subrogate - Take over a legal claim or right against a third party from another party who previously owned that
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Analyse the major problems surrounding the pre-incorporation contracts and evaluate how fare these problems have been resolved by the provisions of section 36C of the Companies Act 1985‚ as amended by the Companies Act 2006. 1) what are pre-incorporation contracts 2) problems surrounding pre-incorporation contracts 3) how fare have these problems been resolved A company cannot enter into a contract before it exists as a legal person by being incorporated on its registration by the
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Rousseau’s The Social Contract Jean-Jacques Rousseau’s The Social Contract‚ or Principles of Political Right (1762) is an analysis of the contractual relationships which may be necessary for legitimate government‚ and is an explanation of how these relationships may combine principles of justice and utility. Rousseau argues that civil society is based on a contractual arrangement of rights and duties which applies equally to all people‚ whereby natural liberty is exchanged for civil liberty‚ and
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EMPLOYMENT CONTRACTS type of contract definition permanent contract An employee who has been hired and paid directly by that employer for a position without a predetermined time limit. contract with employer period benefits yes without time limit all from employer yes time limit: date rarely‚ in NL all except pension in some cases yes time limit: date‚ task‚ project‚ by law (maternity leave f.e.) rarely yes time limit rarely no‚ work agency
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Hobbes and the Hypothetical Contract In dealing with the problem with political authority Thomas Hobbes proposes that state’s derive their power from a hypothetical social contract that is made between a government and its citizens. It attempts to solve the problem with political legitimacy and political obligation; the right to rule and the reason citizens obey those in power. Hobbes believes that the only way to get out of a wild and unjust “state of nature” is to collectively give up some of
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LAW204 - CONTRACTS Week 5 – Express Terms ___________ ** N.B. The main cases covered in lectures‚ containing MAIN RULES are highlighted in YELLOW! READINGS/LECTURE CHAPTER 10 – EXPRESS TERMS Introduction – Contents of a Contract? Express Terms: contain contractual promise and terms that are capable of being Incorporation by pre-contractual statement: Courts look at what the parties said Have these statements become express terms? Statements the court acknowledges: Irrelevant
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ESSENTIAL ELEMENTS OF A VALID CONTRACT: To be enforceable by law an agreement must possess the essential elements of a valid contract as laid down by Sec.10 of Contract Act in the following terms; ‘All agreements are contracts if they are made by the free consent of parties competent to contract‚ for a lawful consideration and with a lawful object‚ and are not hereby expressly declared to be void.’ Following are the conditions for validity of the contract in detail. 1. Offer and Acceptance:
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KINDS OF DEFECTIVE CONTRACTS 1. Recessible Contracts 2. Voidable Contracts 3. Unenforceable Contracts 4. Void or Inexistent Contracts Rescissible (Article 1380-1389) Voidable (Article 1390-1402) Unenforceable (Article 1403-1408) Void ( Article 1409 -1422) ALL essential requisites of a contract exist. All the essential requisites of a contract exist All essential requisites exist but unenforceable due All or some of the essential requisites to non-compliance with statutory requirements
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TYPES OF PROCUREMENT CONTRACTS 1.0 INTRODUCTION Sollish et al (2011) states that the decision over what contract type to use is one of the most important strategic decisions; because the type of contract has an influence on how the contractor is paid and the risk allocation between the contracting parties. In making such a decision the goal should be to get the optimum project objective attainment likelihood. 2.0 CONTRACT TYPES According to Sollish et al (2011)‚ there are two major types
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Insurance Company under Section 30 of the Workmen Compensation Act‚ 1923 aggrieved by the award of the Workmen Compensation Commissioner‚ Jodhpur dtd.31.3.2008 in claim Case No.11/2006. 2. The brief facts giving rise to this appeal are that the husband of the respondent No.1 Smt. Badami‚ namely‚ Pappu Ram while driving Truck No. RJ-19/1G-3189 coming from Mumbai to Jodhpur in the night between 29.7.2003 and 30.7.2003‚ collided with Trailer No. HR-55-0707 and in the said accident Pappu Ram lost his
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