DISCHARGE Written by Mardi Szantyr Discharge of a contract refers to the way in which it comes to an end. Contracts can come to an end in the following ways: 1. by performance 2. by agreement 3. by frustration 4. by breach Each one of these methods of discharge will be considered. Discharge by performance The contract comes to an end when both parties perform their contractual obligations. Performance must substantially correspond with what the parties agreed allowing for minor
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forward and futures contracts are traded on exchanges. b) Forward contracts are traded on exchanges‚ but futures contracts are not. c) Futures contracts are traded on exchanges‚ but forward contracts are not. d) Neither futures contracts nor forward contracts are traded on exchanges. 2. Which of the following is not true (circle one) a) Futures contracts nearly always last longer than forward contracts b) Futures contracts are standardized; forward
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Business Scenarios and Case Problems 9-1. Contracts by Minors…Discuss Kalen’s liability in this situation. Kalen is a seventeen year old boy who rented an apartment for $500 a month‚ after consistently paying for rent for 4 months‚ he decides to return the key and not pay rent for the rest of the remaining months on the contract. I would think that this is classified as “disaffirmance”. Since he is seventeen‚ and a minor when he leaves the apartment‚ he is able to legally avoid his contractual obligation
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Universiteit van Amsterdam Faculteit der Rechtsgeleerdheid Anglo-American Contract and Tort law Interpretation of contracts ‘’ To what extend does the interpretation of Dutch contracts differ from English contracts. ’’ Naam: A.N.Y. van der Looij Studentnummer: 5610303 Begeleider: Professor H. Beale Amsterdam‚ 14th of June 2013 Table of contents Chapter 1 Preface 3 1.1 Neccessity of interpretation 3 1.2 ‘’Objective’’ and ‘’Subjective’’ interpretation 3
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discuss. In Contracts‚ What is "Consideration"? In order for any contract to be enforceable‚ courts generally require three things: mutual assent (agreement to the contract terms)‚ a valid offer and acceptance‚ and consideration. Consideration in law is one of the three main building blocks of a contract. It can be anything of value‚ which each party to a legally binding contract must agree to exchange if the contract is to be valid. If only one party offers consideration in contract‚ the agreement
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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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Definition Bilateral Contract A bilateral contract is a legal agreement formed between two parties where both parties involved give mutual promises that they both are legally obligated to perform an act in exchange for the other party’s act in future. It means the promise of one party is consideration supporting the promise of the other party. Each party is both promisor and promisee. A bilateral contract specifies a duty to act in exchange for another party’s duty to act. It is also called "reciprocal"
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INFRASTRUCTURE CONCESSION CONTRACTS: AN INTRODUCTION #2/July 08 What is infrastructure concession contract? What are the advantages and disadvantages of concession contracts? This paper addresses these two questions. Also‚ it outlines the basics of infrastructure concession contracts. I. Introduction Ownership of public assets is a sensitive issue for all governments. However‚ budgetary shortfalls as well as the repeated failure of governments all over the world to maintain these assets have
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Law of Agency – the Contracts Act 1950 Great Northern Railway Co v Swaffield states that where impossible to get principal’s instructions‚ the agent’s action is necessary to prevent loss and the agent has acted in good faith‚ an agency of necessity arises. The Contracts Act 1950 states that an agent has to obey principal’s instructions. The Contracts Act 1950 states that an agent has to be careful‚ diligent and use any skill that he may
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Employee Resourcing – The Psychological Contract How can we define the psychological contract? Is it the set of mutual obligations/expectations and more often than not aspirations between employer and employee that extend beyond the formal‚ written contract of employment? This is the general consensus with modern scholars and workers alike‚ but just how far is this assertion true? The problem is trying to evaluate what the psychological contract actually is and what it stands for in our
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