: Issue 1. Whether Nur Aini consent to an agreement caused by undue influence? Undue influence define under Section 16(1) of the Contract Acts where a contract is induced by undue influence if one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. Section 16(1) of the Contract Acts 1950 lay down the principal in general terms and gives the element necessary to establish undue influence where the elements are
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Contract Classification | Basis of Defect | Status of Contract | Legal Effects | Prescriptive Period | Ratifiability | A.Rescissible1. Contracts entered into in behalf of wards 2. Contracts agreed upon in representation of absentees 3. Contracts undertaken in fraud of creditors a. existing credit prior to the contract to be rescinded b. fraud on the part of the debtor c. creditor cannot recover his credit in any other manner 4. Contracts which refer to things under litigation
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1. Introduction Breach of contract is when one or both parties‚ who came to a mutual agreement‚ do not fulfil their contractual agreement i.e. interfering in the other party’s performance or non-performance by one or both parties. These are only two of the possible five forms of Breach of Contract. The five types of Breach of Contract will now be discussed in detail. 2. There are five different forms in which Breach of Contract can take place: a. Default of the debtor (mora debitoris) i. Explanation
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Voidable contract is a contract that has legal effect and force when it is made‚ but is liable to be subsequently annulled or set aside by the courts through the process of recission. Due to the section 10 of the Contracts Act provides‚ all agreements are contracts if they are made by the free consent of the parties competent to contract. As what i’ve been thought and my understanding‚ there are five causes which lead to the voidable contract. They are : 1. Coercion (S.15) 2. Undue influence (S.16)
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2007-2008 Dr Olivia Smith Employment Law: Identifying the Contract of Employment Reading: M. Forde‚ Employment Law 2nd ed. (Dublin: Roundhall Sweet and Maxwell‚ 2001) Chapter 2. History ▪ the move from status to contract. Query whether a move back to status? The protection afforded to individual employees under Irish employment law depends on a legal paradigm whereby the rights provided for are implied into the terms of the contract between the employer and the employee. Thus the starting
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international contract is a contract that has a foreign element‚ that is to say that the contract is in contact with one or more order (s) legal (s) abroad (s). Specifically‚ the foreign element may be resident abroad‚ a party to the contract‚ nationality‚ place of contract conclusion‚ and many other possibilities. The commercial contract is a contract for a commercial transaction or a contract made by a trader for the purposes of his trade. Therefore an international commercial contract is the addition
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Transcript(s) Full text of judgment Judge(s) sitting Willes J‚ Byles J and Keating J Felthouse v Bindley (1862) EWHC CP J 35‚ is the leading English contract law case on the rule that one cannot impose an obligation on another to reject one ’s offer. This is sometimes misleadingly expressed as a rule that "silence cannot amount to acceptance". Later the case has been rethought‚ because it appeared that on the facts‚ acceptance was communicated by conduct (see‚ Brogden v Metropolitan Railway). Furthermore
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DISCHARGEMENT OF CONTRACT The law of contracts forms a substantial part of our various relationships that can have some sort of influence over us on an almost daily basis – even when there is no physical contract in front of us we may still be privy to some sort of contractual obligation. Alternatively‚ if you’re a fan of social theorists such as Jean-Jacques Rousseau‚ you may argue that we’re also bound by ‘the social contract’‚ but we digress. Getting back to our original point
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ETHICS IN CONTRACTS Abstract: When creating a contract‚ a negotiator is not only doing so to reach an agreement between two or more parties‚ but to create an agreement that is durable; whereby parties of the contract are legally bound and committed to its promises . “A legally binding contract is defined as an exchange of promises or an agreement between parties that the law will enforce‚ and there is an underlying presumption for commercial agreements that parties intend to be legally
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THE LAW OF CONTRACT IN GHANA (These notes have mainly been culled from Mrs. Christine Dowuona Hammond’s seminal work on the Law of Contracts.) INTRODUCTION Contracts are made by people every day‚ whether the parties recognise it or not. Each time one spends money on anything – a bus ticket‚ an airline ticket‚ a pair of shoes‚ a meal in a restaurant‚ laundry services‚ books‚ or signs a lease‚ etc. one concludes a valid and legally binding contract. Contracts may be oral or written;
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