Contract is an agreement between two or more competent parties in which an offer is made and accepted‚ and each party benefits. No contract can come into being unless the following features exist: an actual offer‚ an acceptance‚ consideration (this means that each party will contribute something of a material value to the bargain) and an intention to create legal relations. The agreement can be formal‚ informal‚ written‚ or just plain understood. (a) For a contract to exist the offer must be made
Premium Contract Offer and acceptance
UcanB007 from liabilities. [pic] The foremost issue pertaining to this case is that of whether the terms of the License Agreement are part of the contract between Ah Siong and UcanB007‚ and hence the enforceability of the terms should Ah Siong decide to sue UcanB007 in contract for his losses. Due to the nature of this case being that of a shrink-wrap license agreement‚ there is contention regarding the point in time when the contract was formed‚ which clearly affects the incorporation of the terms and
Premium Contract
civil cases at present there are 87 sessions court judges throughout Malaysia * Judge is appointed by the Yang-Di-Pertuan Agong 2. Identify the various sources of Malaysian Law and its example. a) The Federal Constitution b) The 13 Constitution of the States comprising the Federation c) Federal law made by Parliament d) State laws made by State Assemblies e) Federal and State Subsidiary Legislation made by persons or bodies under powers conferred on them by Acts of Parliament
Premium Judge Common law Law
my 17-year-old son into signing a contract unbeknownst to me. Now that a better business opportunity has presented itself to my company‚ Marshall is using this contact to hinder me from expansion. Implied Contracts Upon discovery and examination of this contract‚ it is apparent all business with Marshall would need to be terminated. This dissolution would cause significant strife between Marshall and I‚ but with just reason. Marshall had an implied contract with my company stating he would heavily
Premium Contract Contract law
WRITTEN CONTRACTS 1 Written Contracts Javier Garza Grantham University WRITTEN CONTRACTS 2 Written Contracts Paula orally agrees to work with Next Corporation in New York City for two years. Paula moves her family and begins work. Three months later‚ Paula is fired for no stated cause. She sues for reinstatement or pay. Next Corporation argues that there is no written contract between them. What will the court say? Oral contracts are as
Premium Contract Contract law Gentlemen's agreement
Contracts Part II Rachel Wellman Unit 5 Case Study Business Law November 6‚ 2010 Millie contracted to sell Frank 10‚000 bushels of corn to be grown on Millie’s farm. Due to a drought during the growing season‚ Millie’s yield was much less than anticipated‚ and she could deliver only 250 bushels to Frank. Frank accepted the lesser amount but sued Millie for breach of contract. Can Millie defend successfully on the basis of outcome impossibility of performance? Explain. Discuss the elements
Premium Contract Breach of contract Contract law
1. Introduction There are many types of contraction contract. For example Lump Sum Contracts‚ Unit Price Contracts‚ Cost Plus Contracts‚ Design and Build Contracts & Concession Contracts. Today Concession Contracts are gaining popularity in the Malaysian construction industry. What is Concession Contracts about? It can be define as a business operated under a contract or license associated with a degree of exclusivity in business within a certain geographical area. A project based on granting by
Premium Contract Procurement Business terms
BREACH OF CONTRACT 1. 2. 3. 4. 5. Default of the debtor (Mora Debitoris) Default of the creditor (Mora Creditoris) Positive malperformance Repudiation Prevention of performance (rendering performance impossible) Default of the debtor (Mora Debitoris) Any obligation under a contract has a time limit for its performance‚ be it an agreed fixed period or in the absence thereof a reasonable period. If the debtor neglects or fails to perform timeously‚ he/she commits breach of contract. Lawyers then
Premium Contract Breach of contract Christmas tree
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
Premium Contract
Short Paper: Living Ethically through a Social Contract Olivia Harris ETHC 445N: Principles of Ethics Living Ethically through a Social Contract Scenario 1: The Mayor of a large city was given a free membership in an exclusive golf club by people who have received several city contracts. He also accepted gifts from organizations that have not done business with the City but might in the future. The gifts ranged from $200 tickets to professional sports events to designer watches and jewelry
Premium Ethics Marriage Alcoholism