EMPLOYMENT CONTRACTS An employment contract is made between an employer and employee where the employer agrees to offer a salary in return for the employee performing duties. The purpose of a contract of employment is to draw up rules and regulations concerning the rights‚ obligations and conditions between an employer and employee. It generally states the relationship between the two parties. Any breach of contract by any side is not acceptable by law. Contractual entitlements often include:
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It is trite law that an insurer under a contract of indemnity insurance‚ who has satisfied the claim of the insured‚ is entitled to be placed in the insured’s position in respect of all rights and remedies against other parties which were vested in the insured in relation to the subject-matter of the insurance1. Where the insured has proceeded against the third party after the insurer had paid out the claim and without the insurer’s authority as happened in Visser v Incorporated General Insurances
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Contract closing a method of costing large projects‚ where the contracted work will run over several accounting periods Every organisation will have its own costing system with characteristics which are unique to that particular system. However‚ although each system might be different‚ the basic costing method used by the organisation is likely to depend on the type of activity that the organisation is engaged in. The costing system would have the same basic characteristics as the systems
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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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GLOSSARY OF TECHNIQUES USED TO CREATE MEANING Active voice/passive voice Writing that uses the forms of verbs which create a direct relationship between the subject and the object. Active voice is lively and more direct. Eg. ‘We had fun’ is written in the active voice; ‘Fun was had’ is written in the passive voice. Alliteration The repetition of the consonant sounds at the beginnings of words. It is used to produce sound that adds to the atmosphere or mood of the words‚ or perhaps
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that is given in return for something else. On the other hand‚ there was an exceptions under Sec 26 of CA which is an agreement without consideration is void unless the contract made on account of natural love and effection that is stated in Sec 26(a) of CA. There are several requirements under Sec 26(a) of CA which is the contract must be expressed in writting‚ must be registered if required by law and made on account of natural love and affection and between parties standing in near relation to
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Part 1 THE FORMATION OF A CONTRACT There are five basic requirements that need to be satisfied in order to make a contract: ● An agreement between the parties (which is usually shown by the fact that one has made an offer and the other has accepted it). ● An intention to be legally bound by that agreement (often called intent to create legal relations). ● Certainty as to the terms of the agreement. ● Capacity to contract. ● Consideration provided by each of the
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CONTRACT AND RELATED OBLIGATION Prof. Hillman I) Theories of Obligation A) CONTRACT: Agreement with Consideration – Bargain Theory of Consideration Definition: A promise that is supported by consideration because the promisor gets something (extracts) from the promissee in exchange for the promise. Ex: I tell Alice I will sell her my piano for 400 dollars and she agrees. I promised my piano in exchange for something (400 dollars) therefore my promise is enforceable. 1) Bargained
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What is Double Tax Avoidance Agreement (DTAA)? The “Double Tax Avoidance Agreement (DTAA)” or “Tax Treaty” is essentially bilateral agreements entered into between two countries‚ in our case‚ between India and another foreign state. The basic objective is to avoid taxation of income in both the countries (i.e. Double taxation of same income). Currently India has comprehensive DTAA or Tax Treaty with 84 other countries. Let’s take an example to understand how DTAA works; AnNRI residing in ABC
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1. Voidable Contract: An agreement which is enforceable by law at the option of one or more of the parties thereto‚ but not at the option of the other or others‚ is a voidable contract. A contract is voidable when one of the parties to the contract has not exercised his free consent. One of the essential elements of a formation of a contract for example‚ free consent‚ is absent. All voidable contracts are those which are induced by coercion fraud or misrepresentation. The person whose consent is
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