offer‚ acceptance‚ and consideration will not guarantee a legally enforceable contract”. Discuss. A contract is an agreement which normally consists of an ’offer ’ and an ’acceptance ’ and involves the ’meeting of the minds ’ or consensus between two or more parties with the intention to create a legally enforceable binding contract. Therefore in this essay‚ the four core elements needed for the formation of a contract such as offer‚ acceptance‚ and consideration and intention to create legal relations
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Better Ethical Theory in Business World When it comes to talk about the ethical theories applying to the business world‚ deontology and utilitarianism are the two most debatable ethical theories that people may discuss. A majority of people may think that utilitarianism is more useful for understanding and addressing ethical issues in business since it focuses on the outcomes of every action. However‚ for me‚ I am a big supporter of deontology. I think deontology is more persuasive theory than
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"all the world"‚ in which case the offeree is regarded as a member of the general public: Carlill v Carbolic Smoke Ball When an offer is made‚ the term of the proposed contract must be communicated to the offeree: Thornton v Shoe Lane Parking However‚ an offer can be made in general terms‚ leaving the precise terms of the contract to be settled later: Master v Cameron The fact that the word ’offer’ is used is not itself conclusive: B Seppelt & Sons Ltd v Commissioner for Main Roads An offer
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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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of the contract Termination of the contract Under common law‚ a contract of employment may be terminated by: (a) Agreement with notice; (b) Death of the employer or employee; (c) Frustration; (d) Insolvency; or (e) Breach. Termination by agreement with notice The ending of a contract of employment is most often achieved without any breach of its terms. A contract can be terminated at common law by either party giving the notice required by the terms of the contract‚ or by
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Illegal Contractual Terms and Restraints of Trade in Contracts When dealing with contract law‚ many problems can arise. There can be illegal terms in the contract or it can just be void. There are restraints on trade which include limiting employees from competing against their employers post employment and so on. Throughout this essay‚ these restrictions will be analyzed. The difference between illegalities‚ voids and restraints will be presented‚ along with cases to provide examples.
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that is given in return for something else. On the other hand‚ there was an exceptions under Sec 26 of CA which is an agreement without consideration is void unless the contract made on account of natural love and effection that is stated in Sec 26(a) of CA. There are several requirements under Sec 26(a) of CA which is the contract must be expressed in writting‚ must be registered if required by law and made on account of natural love and affection and between parties standing in near relation to
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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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web address Building.co.uk. A design and build project allows the low risk factor as for the client has the contractor takes on the risk by offering a fixed cost contract. The web address designbuild-network.com states the original provision for a building cost was around £352m‚ with total project costs of £757m. A fixed price contract protects the client from any expiring costs‚ for example if the construction of the stadium was to have any over runs or delays. The main contractor building Wembley
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Contract of employment Employer: Al-Futtaim real estate Company Dubai – UAE Employee: Ahmed Tarek Mohamed Sharjah – 22 Al Wahda Street UAE Place of Work: The Employee shall be based for the time being at Al-Futtaim real estate Company in Sharjah. 1. Job Function: The Employee shall be employed as Accountant 2. Probationary Period: A probationary period of three months will apply. A letter‚ notifying the Employee of his appointment to permanent staff‚ will be
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