ESSENTIAL REQUISITES OF CONTRACTS Article 1318. There is no contract unless the following requisites concur: 1. Consent of the contracting parties; 2. Object certain which is the subject matter of the contract; 3. Cause of the obligation which is established. Article 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance
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DISCUSS THE CONDITIONS FOR FREEDOM IN SOCIETY Introduction Can mankind live in harmony in a free society? Various social contract theorist of the modern era have attempted to address this in a way that shed light on the quest to establish a free nation. As is traditional in political philosophy where the past gives meaning to the present and the present makes available sound basis for predicting the future. It may thus be wise to take a brief journey through what some classic philosophers
Free Political philosophy Social contract John Locke
One of the elements constituting a valid contract is that the parties entering the contract are those who have the competency to contract. This is based on section 10 (1) of the Contract Act 1950 which states: “All agreements are contracted if they are made by the free consent of parties competent to contact‚ for a lawful consideration and with a lawful object‚ and are not hereby expressly declared to be void.” Competency refers to the capacity of being an adult‚ having a sound mind and not forbidden
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that a seller/ retailer must abide by once they have entered into a contract. The goods must be as described (section 13)‚ of satisfactory quality (section 14 [2]) and fit for purpose (section 14 [3]). Both section 13 and 14 have strict liability attached to them. The court will not investigate into the mind of the seller at the time or observe how much they tried but all they will look for is if there is a breach in the contract and if there is‚ the seller is liable. Section 13 states that the
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Jill Osterhage BC1025 Week 3 LOM Lung Conditions Caused from 9/11 September 11‚ 2001just after 8:45a.mif you turned the television on the images you saw took your breath away. Little did we know that 14 years later that would be one of the aftermath a lot of the servers‚ first responders and people who were in the area that day would still be feeling. Due to the collapse of the Twin Towers and the fumes from jet fuel burning people are surfing daily from repertory
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CONTRACT & AGENCY LAW END-OF-COURSE ASSESSMENT JULY 2012 PRESENTATION Submission Date : 08 Sept 2012 Question 1: Legal issues: As there are different parts to “Clause 8” in the employment contract which Julia as an employee has signed with Calypso Private Limited‚ we shall examine four separate legal issues. The first legal issue is whether Calypso is able to enforce part (a) of Clause 8 which states that Julia shall not be directly or indirectly
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Runninghead: UNIT 3 – COMMERCIAL TRANSACTIONS (CONTRACTS) Victor McLaurin 28 February 2010 Abstract This week’s individual project will be in the form of an executive summary. The summary will be based on a series of questions concerning 1) the city of Bigtown’s advertising campaign (courtesy of the mayor)‚ 2) possible similarities of this promotion to a court decision and 3) possible repercussions that could be encountered if not executed with caution. The court decision concerning
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PRIVITY AND THE LAW ON SALES OF GOODS 9 Contracts Concerning Land 10 PRIVITY AND THE LAW ON HIRE PURCHASE 10 QUESTION 2 11 Analysis of the case to establish formation of contract 12 Was Mike obligated to sell furniture to Nilam 13 Nilma’s Rights and remedies against Mike 13 Remedies 14 1. Rescission of Contract: 14 2. Suit for Damages 14 Specific performance 16 Compensation for loss of profit 16 REFERENCE 17 QUESTION -1 The Doctrine of Privity A contract is an agreement between two or more
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Empowering Women as Key Change Agents Women bear almost all responsibility for meeting basic needs of the family‚ yet are systematically denied the resources‚ information and freedom of action they need to fulfill this responsibility. The vast majority of the world’s poor are women. Two-thirds of the world’s illiterates are female. Of the millions of school age children not in school‚ the majority are girls. And today‚ HIV/AIDS is rapidly becoming a woman’s disease. In several southern African
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1.Briefly explain the jurisdiction the Subordinate Court in Malaysia Subordinate Court in Malaysia consisting of two parts which is the Magistrate’s Court and the Sessions Court Magistrate’s Court: * Hear all civil matters of which the claim does not exceed RM2500 generally in criminal matters‚ the Magistrate’s court have power to try all offences od which of the maximum terms of imprisonment does not exceed 10 years or which are punishable with fire only but may pass sentences not exceeding
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