KINDS OF DEFECTIVE CONTRACTS 1. Recessible Contracts 2. Voidable Contracts 3. Unenforceable Contracts 4. Void or Inexistent Contracts Rescissible (Article 1380-1389) Voidable (Article 1390-1402) Unenforceable (Article 1403-1408) Void ( Article 1409 -1422) ALL essential requisites of a contract exist. All the essential requisites of a contract exist All essential requisites exist but unenforceable due All or some of the essential requisites to non-compliance with statutory requirements
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TYPES OF PROCUREMENT CONTRACTS 1.0 INTRODUCTION Sollish et al (2011) states that the decision over what contract type to use is one of the most important strategic decisions; because the type of contract has an influence on how the contractor is paid and the risk allocation between the contracting parties. In making such a decision the goal should be to get the optimum project objective attainment likelihood. 2.0 CONTRACT TYPES According to Sollish et al (2011)‚ there are two major types
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Insurance Company under Section 30 of the Workmen Compensation Act‚ 1923 aggrieved by the award of the Workmen Compensation Commissioner‚ Jodhpur dtd.31.3.2008 in claim Case No.11/2006. 2. The brief facts giving rise to this appeal are that the husband of the respondent No.1 Smt. Badami‚ namely‚ Pappu Ram while driving Truck No. RJ-19/1G-3189 coming from Mumbai to Jodhpur in the night between 29.7.2003 and 30.7.2003‚ collided with Trailer No. HR-55-0707 and in the said accident Pappu Ram lost his
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Angie Z. Tutorial Section: D115 December 6‚ 2010 Compare and contrast the ‘social contract theories’ of Thomas Hobbes and John Rawls. Which theory is more persuasive? Be sure to explain what Rawls means by ‘the original position‚’ and the ‘veil of ignorance‚’ and why those concepts do not figure in Hobbes’ theory. Social Contract Theory holds that the only consideration that makes actions right is that action is in accordance with an agreement made by the rational people for governing their
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AGREEMENT AND CONTRACT 1. Introduction Dear students‚ welcome to the lecture series on Business Regulatory Frame Work. Today we are going to discuss the Indian Contract Act 1872. Before I start my discussion on the contract‚ I would like to make you aware that the Indian Contract Act 1872 came enforced on the 1st day of the September 1872. It is applicable to whole of the country except the State Jammu & Kashmir. The course related to the law is designed to impart the knowledge to the student
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Maritime Sales Contracts Contracts between vessel owners and charterers concerning the water transportation of goods are technically known in admiralty law as "contracts of affreightment". The charterer agrees to pay a freight charge for cargo space. The voyage‚ amount of cargo space‚ and time of delivery will all be covered by the contract. One common type of contract is the “voyage” charter. This type of charter usually concerns the hire of a vessel‘s entire cargo space for one or more specific
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stability of contract which results from an earlier application of equitable principals in the negotiating process is just as crucial to integrative bargaining as the desire to increase the pie. With this conclusion‚ it becomes apparent that solutions which encourage integrative bargaining will result in more stable contracts. The increased stability rationale holds true even where there is no increase in the fixed sum negotiation. Integrative bargaining is thus shown to be desirable in all cases. To encourage
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any guardianship rights in relation to Zoe. Gary’s position as an unmarried father is not certain. Gary has a ‘defeasible right’ to apply to the court to be appointed guardian‚ under section 6A of the Guardianship of Infants Act‚ 1964‚ as inserted by Status of Children Act‚ 1987. Gary could apply for joint- custody‚ if Jayne would agree. This would mean they would both have to sign a ‘statutory declaration’; this must be signed with a Peace Commissioner or Commissioner for Oaths present. This ‘Statutory
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FORM OF CONTRACT (Arts 1356-1358) 1. What is the form of a contract in order that it will of obligatory force? (Art. 1356‚ CC) GENERAL RULE: Whatever may be the form in which a contract may have been entered into‚ the general rule to 1356 of the Civil Code‚ is that it shall be obligatory provided all of the essential requisites for its validity are present. EXCEPTIONS: 1) When the law requires that the contract must be in a certain form in order to be valid; and 2) When the law requires that the
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Substantial performance constitutes a minor breach of the contract. Answer: TRUE Diff: 2 Topic: Substantial Performance: Minor Breach 3) When there is substantial performance of a contract with a minor breach‚ the other nonbreaching party may sue to recover the cost to repair the defect. Answer: TRUE Diff: 1 Topic: Substantial Performance: Minor Breach 4) Specific performance is the most common remedy for a breach of contract. Answer: FALSE Diff: 1 Topic: Substantial Performance:
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