of a valid contract‚ explain what the objective theory of contracts is and define and explain how the objective theory of contracts applies to the Unit 3 IP. This paper will also explain why I think the court held that there was not a valid contract in the scenario of the unit 3 IP as well as explain why advertisements are generally considered not to be valid offers. The four elements of a valid contract are: * There must be an agreement in all vital conditions of the contract. * There
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fruit juice‚ vegetables‚ stationary and 2 dresses. She puts these items into her shopping trolley. Has a contract been made between Tesco Store and Belinda at this point? Give reasons for your answer. An offer is an expression of willingness to contract on a specific set of terms‚ made by the seller with the intention that‚ if the offer is accepted‚ he or she will be bound by a contract. Both offer and invitation to treat are totally different. Invitation to treat is an invitation for other people
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and sales department. Being an agent for Star Boat‚ Tom frequently concluded contracts with a number of suppliers for acquiring certain parts to manufacture boats. Smooth Sailing was one of the suppliers. Tom resigned from Star Boat in July 2012 upon being offered a better position in Star Ferry. However‚ he acquired 4‚000 parts from Smooth Sailing in August and manager of Smooth Sailing did not notice that in the contract Tom indicated his signature as “manager‚ Star Ferry” and thought they were
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traditionally a law driven enterprise‚ that of negotiation. It is argued that the stability of contract which results from an earlier application of equitable principals in the negotiating process is just as crucial to integrative bargaining as the desire to increase the pie. With this conclusion‚ it becomes apparent that solutions which encourage integrative bargaining will result in more stable contracts. The increased stability rationale holds true even where there is no increase in the fixed sum
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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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Business Law | Contract Analysis | Westwood College | Eric Givens 2/12/2013 | Contract Analysis A contract is a legal document between two or more parties. There are several elements that are necessary in order to make a contract enforceable. The specifics of these various elements may differ from state to state‚ but all seven of the elements must be present in order for the contract to exist. As such‚ if one of these elements is missing‚ a contract can be voided and the parties
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2nd Assignment: Suggested Answer 1. The legal issue revolving around this case is that whether a valid legally-binding contract has been entered into between David and John‚ and‚ if that is the case‚ whether David is able to sue John for his breach of contract resulting from his sale of the shop to Nancy. In general‚ a legally binding contract is an agreement made between two or more persons‚ by which rights are acquired by one or more to acts or forbearances on the part of the other
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a) The first contract should be between the Ramirez family and Majestic Developers‚ inc‚ as they are the parties involved. (b) The consideration on the Ramirez family side is their 250-acre farm and on Majestic Developers‚ inc the consideration is three million million dollars. (c) What should be included in the contract should be; the parties‚ (2) the price‚ (3) the subject matter of the contract‚ and (4) the time of performance of the contract‚ also the contract should address the small fence
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accruing to the one party or some forbearance‚ detriment‚ loss or responsibility‚ given‚ suffered or undertaken by the other’. Due to Angela falling ill‚ Nick accepts half the original amount of rent being payment of a lesser sum but the rule at common law being the rule in Pinnel ’s Case (1602) 5 Co Rep 117a‚ is that the payment of a lesser sum will not satisfy the full amount and is not good consideration. Pinnel’s Case (1602) 5 Co Rep 117a establishes the principle that a promise to accept less
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OBLIGATIONS AND CONTRACTS REVIEWER TITLE I – OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS 1156. An obligation is a juridical necessity to give‚ to do‚ or not to do. JURIDICAL NECESSITY – juridical tie; connotes that in case of noncompliance‚ there will be legal sanctions. - An obligation is nothing more than the duty of a person (obligor) to satisfy a specific demandable claim of another person (obligee) which‚ if breached‚ is enforceable in court. - A contract necessarily gives rise to an obligation
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