JUDGMENT V.N. Khare‚ CJI 1. This appeal which arises out of a judgment and order dated 23-11-2001 passed by the High Court of Kerala at Ernakulam revolves round the question as to whether an arbitration clause in a contract agreement survives despite purported satisfaction thereof. 2. The parties to this appeal entered into an agreement for a project at Kayamkulam. Upon completion of the work the respondent herein submitted final bill which was allegedly not accepted by the appellant‚ where
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DURESS 1. Generally If one party pressures the contractual consent of another by duress the contract is voidable by that other party (See Also s 52A TPA and s 39 FTA). The common law has long recognised that duress‚ in the form of coercion of the plaintiff’s will through illegitimate pressure or threats to the plaintiff’s interests‚ render a contract voidable (Barton v Armstrong). Traditionally‚ the common law concept of duress was limited to actual or threatened violence to the person of
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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 Law Introduction In the following case note I will examine the High Court case; Smart Telecom Plc. V Radio Teilefis Eireann & Glanbia Plc. [2006] IEHC 176. The essence of this case is one involving a request for tenders put forward by RTE for sponsorship and the subsequent refusal of Smart Telecom’s referential bid thereto. The questions raised were (1) whether referential bidding was a permissible term of RTE’s offer and (2) if not‚ were they were obliged to re-tender the contract
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SALES CONTRACT Date: April 25‚ 2013 Between: ABC Trading Co‚ Ltd. (Vietnam) Address: Fax: Represented by: Hereinafter referred to the Seller And: NZ Co‚ Ltd. (Japan). Address: Fax: Represented by: Hereinafter referred to the Buyer Both parties have agreed to sign the contract with the following terms and conditions 1. COMMODITY: Vietnam Robusta Coffee‚ Daklak origin 2. QUALITY: According to the sample agreed by both parties (Sample No 2345) 3. QUANTITY:
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SL-P96 Details of Awarded Packages under Phase I Contracts in Central & Sabaragamuwa Provinces Province |District |Name of Package |Name of Road |Length (km) |Name & Address of Awarded Contractor |Engineer’s Estimate Amount – Without VAT (SL. Rs.) |Contract Amount without VAT (SL. Rs.) |Actual Date of Commencement/ Date of Award |Date to be Completion | |Central |Kandy |CP1KD1 |Theldeniya – Cobests Gap |14.50 |M/s. V.V. Karunarathna & Company‚ No. 579‚ Bulugaha Junction‚ Kandy Road‚ Kelaniya
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TEAM CONTRACT - Group 7 I. Team Goal: Include a comment on each of the elements of SMART Specific – what‚ why‚ who‚ where and which in terms of the goal? ü We expect our team to become a cohesive and cooperative group by the end of the term. It will need devoted dedication from each member. It is critical to our success on overall performances because good teamwork allows us to work effectively and efficiently. The specific goal related to Mike’s Bick is to triple the shareholder’s value by
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of the report is to discuss the theory of psychological contracts in organizational employment and to see its evolution by discussing various theories of different authors‚ its present form‚ issues related to it and its importance in training and apprenticeship programs. This report basically discusses both the theoretical and practical aspects of psychological contract. This report shows how that how the concept of psychological contract has evolved and what different authors have said about this
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Title Name BUS 311 Business Law I Professor Date Situations that involve written and oral contracts between clients and contractors happen every day. Quite often‚ a price is agreed upon based on a completion date and the performance that happens along the way. One such situation that I have experienced was when my Dad decided to purchase a brand new townhouse in a downtown Cincinnati residential redevelopment project. A private contractor named Drees had won the rights from the city to
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: 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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