Formation of contract The green van Hubert’s initial e-mail is merely an invitation to treat‚ demonstrating only a willingness to negotiate rather than an intention to be bound by acceptance. The response from Philip to Hubert’s preliminary enquiry about the green van is‚ however‚ clearly an offer. There is intention to be bound by acceptance‚ demonstrated by the expression “when do you want it?”‚ combined with identification of the essential elements – the price (£30‚000) and the subjects (the
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Causes and Remedies of Inflation in India Inflation by definition involves rise in prices of goods and services. Inflation is usually caused by demand outstripping supply of goods and services. It can also be caused by suppliers/traders of certain goods and services (or speculators in goods) hiking their prices in order to effectively increase their profits/incomes. Such attempts to increase their incomes/profits may also be‚ in many cases‚ through hoarding or speculation
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information and disposition of Work in progress so as to mitigate damages; (4) Comply with other reasonable requests from CMA regarding the terminated Work; and (5) Continue to perform in accordance with all of the terms and conditions of this EPC Contract such portion of the Work that is not terminated. 45.7 If‚ after termination pursuant to this clause‚ it is determined for any reason that CONTRACTOR was not in default‚ the rights and obligations of the Parties shall be the same as if the notice
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GENERAL PRINCIPLES OF THE LAW OF CONTRACT INTRODUCTION Definition S.2(h) Contract Act 1950 : An agreement enforceable by law. Legally binding between parties. 2 INTRODUCTION (continue..) (a) (b) Legislation governing contracts: Contracts Act 1950 English Law - By virtue of S.5 of the Civil Law Act (When there are no provisions in the Contract Act) 3 INTRODUCTION (continue..) 4 OFFER / PROPOSAL Definition S. 2(a) Contracts Act “When one person signifies
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information. I never thought about organized crime being involved‚ but yes I can see it is a real possibility! I came across this government PDF on Program Fraud Civil Remedies Act; observations on the implementation. (PFCRA) They provide federal executive branch agencies with an administrative remedy for small-dollar fraud cases for false claims and statements. It includes; liability of incriminated allegations to have been made‚ presented or submitted false‚ fictitious or fraudulent claims or
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first we need to identify if there is a legal binding contract‚ a contract is a agreement which the law will enforce‚ a contract is a part of common law‚ common law is also called custom law‚ it is made by the judge to protect the community against the crimes‚ when an issue goes to court and there is no statue law that covers it‚ a judge will hear the case and issue a verdict. the record of this verdict becomes a precedent so that when similar cases arise‚ other judges may take into account the penalty
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HITECH ACT is the Breach Notification Rule. A HIPPA rule that requires HIPAA covered entities (CE) and their business associates (BA) to provide notification following a breach of unsecured protected health information (PHI) (HHSwebsite). CE and BA must notify U.S department of Health and Human Services (HHS)‚ some situations the media‚ and all individuals whose PHI has been breached (hhswebsite). Plus‚ all notifications must be made no later than 60 days after the discovery of the breach (bok). So‚ what
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CONTRACTS Stages in the life of a contract: 1. Preparation/Generation 2. Perfection/Birth 3. Consummation/Death Characteristics of Contracts: (ROMA) 1. Relativity (Art. 1311) 2. Obligatoriness & Consensuality (Art. 1315) 3. Mutuality (Art. 1308) 4. Autonomy (Art. 1306) Stipulation pour Autrui - stipulation in favor of a 3rd party. Requisites: 1. The stipulation must be part‚ not whole of the contract; 2. the contracting parties must have clearly and deliberately conferred
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of civil justice is of delay. The delay can be addressed from two side’s namely compulsory delay and intentional delay. Compulsory delay is caused due to our age old legal system and intentional delay is caused by the persons who are instrumental in administration of justice and more specifically the lawyers and parties to the suits. three classes of people may be mainly responsibility for delay in disposal of cases. They are court staff‚ lawyers and judges. In criminal cases‚ however‚ investigating
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Week 7 Breach of the Duty of Care Negligence Duty of care Established or novel duty? Is it a non-delegable duty? What is the scope of the duty? Breach of duty What is the relevant standard of care? Has the standard been breached? Damage Is it recognized by law? Was the breach a necessary condition of the harm? Is the harm within the scope of the defendant’s liability? Breach of Duty The fault part of the negligence action An act or omission of the defendant A failure to act as a reasonable person
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