Introduction Area of law for this case is law of contract. Contract is defined of section 2(h) of the Contract Act (CA) as a contract is an agreement entered into voluntarily by two parties or more with the intention of creating a legal obligation‚ which may have elements in writing‚ though contracts can be made orally. A contract is a legally enforceable promise or undertaking that something will or will not occur. The word promise can be used as a legal synonym for contract. Although care is required
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A Collateral contract A collateral contract is one where the parties to one contract enter into or promise to enter into another contract. Thus‚ the two contracts are connected and it maybe enforced even though it forms no constructive part of the original contract. According to Lord Denning MR in the case of Evans & Sons Ltd v Andrea Merzario Ltd [1976] 1 WLR 1078 a collateral contract is ‘When a person gives a promise‚ or an assurance to another‚ intending that he should act on it by entering
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Asif Tufal Contract-Law-page CASES ON FORMATION OF A CONTRACT OFFER Payne v Cave (1789) The defendant made the highest bid for the plaintiff’s goods at an auction sale‚ but he withdrew his bid before the fall of the auctioneer’s hammer. It was held that the defendant was not bound to purchase the goods. His bid amounted to an offer which he was entitled to withdraw at any time before the auctioneer signified acceptance by knocking down the hammer. Note: The common law rule laid down in
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Tenzin Lama Professor Kurland Business Law 30 April 2014 Eaton v. Waldrop Court of Civil Appeals of Alabama‚ __ So. 3d __ (2010). 45 So.3d 371 (2010) Court of Civil Appeals of Alabama. James M. EATON‚ Jr. v. Bobby Joe WALDROP. 2081095. -- March 05‚ 2010 Type of Action: Right to a trial by jury to set aside a deed Facts: On December 16‚ 2005‚ James M. Eaton‚ Jr.‚ and Marguerite Eaton filed a complaint against Waldrop alleging that Waldrop had fraudulently induced James to deed certain property situated
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What is Contract? Discuss Essentials of Contact. According to Section 2 (h) of the Indian Contact Act‚ 1872‚ "A contract is “an agreement enforceable by law”. A contract therefore‚ is an agreement the object of which is to create a legal obligation i.e.‚ a duty enforceable by law. From the above definition‚ we find that a contract essentially consists of two elements: (1) An agreement and (2) Legal obligation i.e.‚ a duty enforceable by law. As per section 2 (e) "Every promise and every set of
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Table of Contents Introduction 1 Contracts in Restraint of Trade 1 Case 1: Wrigglesworth v. Wilson Anthony 4 Case 2: Svenson Hair Center Sdn Bhd v. Irene Chin Zee Ling 6 Case 3: Shanghai Hall Ltd v. Town House Hotel Ltd 8 Case 4: Polygram Records Sdn Bhd v. Hillary Ang & Ors & Anor 10 Case 5: Pertama Cabaret Nite Club Sdn. Bhd. v. Roman Tam 12 Case 6: Nagadevan Mahalingam v. Millennium Medicare Services 14 Case 7: Thomas Cowan & Co Ltd v. Orme 16 Case 8: Schmidt Scientific Sdn
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Quiana Fryar University of Phoenix Business Law/531 Recognizing and Minimizing Tort and Regulatory Risk Plan Mrs. Lillian Watson June 14‚ 2010 Recognizing and Minimizing Tort and Regulatory Risk Plan In today’s business environment it is important for all organizations to develop and maintain a plan to avoid regulatory risks. Management should be able to manage any risks through preventive‚ detective‚ and corrective measures. As a manager it is important to prevent extensive loss‚ environmental
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Law Coursework In this essay I will discuss mainly two things; formation of a contract between two parties‚ the offer and the acceptance. I will report on their relevance for each of the 3 parties involved‚ finally I will give legal advice to Chuck (offeror)‚ Arnold and Sylvester (offerees). First we must distinguish whether Chuck’s advert was an invitation to treat or an offer. An example of a case involving an advertisement as an offer was Carlill v Carbolic Smoke Ball co. [1] This case involved
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ont Contract Paper Michael Labbe University of Phoenix Business Law HRM 531 Donna Ross January 28‚ 2013 Contract Paper Contracts regardless if they are written or verbal have the same basic components. The four components are (1) Mutual assent‚ (2) Agreement‚ (3) Exchange‚ and (4) Non-violation of public law. If the key components of a contract are met they will be enforceable in a court of law. In modern society it is more commonplace for contracts to be written so all parties
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Law Criminal Law Civil Law Crime committed against the state Sets rights & Duties of people between themselves Must prove guilt Must show liability Guilt must shown to be beyond reasonable doubt Liability shown on the balance of probabilities Regulates society by threat of punishment Rights the financial position so that no wrong had occurred Fine‚ imprisonment‚ community service. Damages or other remedies (specific performance/injunction ) Sources of Law Law Case Law (follow earlier decisions)
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