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 promises‚ forming the consideration for each other‚ is an agreement." Thus it is clear from this definition that a ’promise’ is an agreement. Section 2 (b) states that "When the person to whom the proposal is made signifies his assent thereto the proposal is said to be accepted.
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a valid contract A valid contract is a contract that complies with all the essentials of a contract and is binding and enforceable on all parties (Investorwords‚ n.d). Essential elements of the contract: - Agreement = Offer + Acceptance - Consideration - Intention to create legal relations A. AGREEMENT = OFFER + ACCEPTANCE In order to create a valid contract‚ there must be a ’lawful offer’ by one party and ’lawful acceptance’ of the same by the other party. The parties have made an agreement
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In this work MGT 434 Week 5 Team Assignment Employee Handbook Assignment you can find the review on following aspects: Employee Handbook Legal Consideration Addressing Performance Issues Ethical Considerations Access to Personnel Files Protection of Practice and Patient Information Identification Visitors/Meetings Monitoring: - Mail/E-Mail - Telephone/Voicemail - Internet Employment Practices Pre-Employment Physical and Drug Screen Pre-Employment
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Q 1 - An offer exits whenever the objective inference from the offeror’s words or conduct is that she intends to commit herself legally to the terms she proposes. The advertisement specified that the promisee should use the smoke ball 3 times a day for 2 weeks. Mrs. C used the smoke ball and caught Influenza‚ then claimed the $100 from the company. a- How were the facts of Carlil v. Carbolic Smoke Ball different from the usual situation involving an advertisement? ( relate it to the elements of
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Elaborating shortly on the case given‚ it can be seen that David‚ the offeror‚ places an ad in the newspaper Daily Bungle‚ in which it is responded by six different participants (offerees). Unfortunately‚ one of the cat‚ Bimmie‚ is injured and this made David to terminate the contract. In relation to this case‚ the offer and acceptance‚ thus the making of agreement‚ has been established. Offer‚ is when an offeror offers anything to the offeree‚ then the offeree makes an agreement through acceptance
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specify how the MSAF is to be applied in their particular course. Here are my guidelines: For all other more serious illnesses and absences‚ you would follow the usual protocol of visiting your faculty advisor‚ making your case for special consideration (with Dr’s notes etc). Your faculty advisor would then write to me (and your other course instructors) informing me of the situation‚ after which I will work with you to make alternative arrangements. 5. Please remember that you only have one
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Can Frederick enforce the promise? From the case above the main issue is whether Frederick will be able to show that the promise which Mrs Hyndley made to him of the payment of £500 for the work which he did for her can be classified as consideration as this work was a benefit to Mrs Hyndley as she got to go on her 6 month around the world cruise‚ whilst Frederick collected the rents from her student tenants for the two properties which she owns in Belfast. There is a simple fairness that
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• The service it provides and its ultimate function. • Ease of use and convenience for all users including handicapped. • The surroundings it needs to blend with. • Ease of maintenance. • Additional considerations prompted by specific use and location. To be a useful tool the kiosk must be effective in providing the desired information or service to a user. In order to do this the kiosk must meet various criteria. Firstly it must be highly visible
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evidence‚ relating to the valid requirements of a contract for Dial-A-Phone. For a contract to be legally binding there must be certain legal terms and aspects that must be present – these involve: * Offer * Acceptance * Capacity * Consideration These are the 4 main elements of a contract‚ and a contract will not be valid without these. The assignment will provide detailed information using case laws and a report around the main elements of a contract. These case laws will include:
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There are three rules of consideration: Both parties must get a measurable value from the contract‚ a promise to give something of value counts as consideration‚ and both parties must have bargained for whatever was exchanged and struck a deal. In the case of Kim v. Son‚ there is no consideration. There was no bargain exchanged between the two parties. Son felt guilty over Kim’s losses and thus offered a gratuitous gesture to repay Kim. This gesture is not enforceable in court. Since Son and Kim
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