Contract law – contract formation Figure 1: Elements required for a contract to be recognised by law Using Figure 1 above‚ and your knowledge of the elements required for contract formation‚ consider whether a contract recognised by law has been made in each of the scenarios below. Scenario IS THERE A contract? James is selling his car for $5000. Lucy comes to look at it‚ and says that she loves it‚ but that she only has $4800 to spend. James says he will accept $4800‚ as long as Lucy
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The Law‚ Contracts and Me Laws are made by legislatures and judges‚ although there is no universally accepted definition for law‚ one definition states that law is a system of rules and guidelines which are enforced through social institutions to govern behavior. [Lord Lloyd of Hampstead. Introduction to Jurisprudence. Third Edition. Stevens & Sons. London. 1972. Second Impression. 1975. Page 39.] In a society‚ rules and regulations exist in order to control peace and order‚ without these rules
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Rental Contract In consideration of the agreements of the Resident(s)‚ known as: The owner hereby rents them the dwelling located at ‚ for the period commencing on the day of June 7 2014‚ and this is month to month rent agreement with renewal review every year. Resident(s)‚ in consideration of Owners permitting them to occupy the above property‚ hereby agrees to the following terms: 1. RENT: To pay as rental the sum of $800.00 per month‚ due and payable in advance from the first day of every
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Dawn Montgomery BUSI Law 2301 NT February 15‚ 2013 Case Study #1 I. FACTS: Helen‚ age 17‚ falsely presented an identification card showing her age as 22 to a motorcycle dealer. She persuaded him to sell her a motorcycle on credit because she did not have the money to pay cash. Helen drove the motorcycle away and a few days later‚ returned it to the dealer stating that she voided the contract. The dealer states that she cannot void the contract because (a) she had misrepresented her age
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Case name Case facts What it links to Rookes V Barnard Rookes sued the union officials‚ including Mr Barnard‚ the branch chairman. Rookes said that he was the victim of a tortious intimidation that had used unlawful means to induce BOAC to terminate his contract. The strike was alleged to be the unlawful means. -The case was almost immediately reversed Miliangos V George Frank Textiles George Frank Ltd was a Swiss textile producer who sold and delivered textiles to Miliangos‚ textile
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Islamic Contract Law TYPES OF COMMITMENTS 1. Wa‘d – • • • – وunilateral promise One party binds itself to perform a function for another Does not normally create legal obligation Legal obligation is created: • • Genuine need of the masses – (ر Contingent promise ا س )رد ا ز ن ز ا إذ ا 2. Muwaa‘ada – ا ة • • • • – bilateral promise Two parties performing two unilateral promises on the same subject Use of two unilateral promises can lead to a forward contract‚ which
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a memorandum addressing the following matters in detail‚ and including relevant case law to support your arguments: What are Buyer ’s potential claims against Seller? What are Seller ’s potential defences? Who is likely to prevail in the event this case goes to court? Assume Buyer prevails in his lawsuit against Seller. What damages is Buyer likely to receive from the court? SUMMARY AND RELEVANT FACTS In this case Buyer is plaintiff whereas Seller is defendant. October 1: Buyer saw courier
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information and disposition of Work in progress so as to mitigate damages; (4) Comply with other reasonable requests from CMA regarding the terminated Work; and (5) Continue to perform in accordance with all of the terms and conditions of this EPC Contract such portion of the Work that is not terminated. 45.7 If‚ after termination pursuant to this clause‚ it is determined for any reason that CONTRACTOR was not in default‚ the rights and obligations of the Parties shall be the same as if the notice
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1. Lakshminarayan Ram Gopal and Son Ltd V. The Government of Hyderabad‚ AIR 1954 SC 364 FACTS: An Agency agreement was entered into between the Mills Company and the appellants appointing the appellants it’s Agents for a period of 30 years. The appellants throughout worked only as the Agents of the Mills Company and for the Fasli years 1351 and 1352 they received their remuneration under the terms of the Agency agreement. Notice was sent to the appellants to pay the amount of tax appertaining to
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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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