What is a contract? A contract is an agreement enforceable by law. 2. What is an agreement? An agreement is an arrangement between parties that creates legal obligations between them. Generally an agreement is said to be arrived at when an offer or proposal made by one person is accepted by another‚ with the intention of creating mutual obligations between them. 5. What are the essential features of a contract? Minimum two parties :- Atleast two parties are needed to enter into a contact
Premium Contract Contract law
AirMalaysia for her damages because of the flight cancelled? Law and Application: On the fact Theresa booked the ticket from Kuala Lumpur fly to Melbourne on 1st December 2009 the flight was confirmed and paid‚ so Theresa was enter into contract with AirMalaysia‚ but on 1st December 2009 AirMalaysia cancelled the flight and the airline can’t give alternative flight to Theresa‚ according to contract act 1950 section 40 when a party to a contract has refused to perform‚ or disabled himself from performing
Premium Breach of contract Contract Contract law
make law or merely play a role in interpreting law? Discuss Judges do both. Judges interpret the statue law and they make the common law. There are two types of law one would be the primary law‚ which is also known as the statue law and the secondary law‚ which is also known as the common law. For the primary law it is created by the legislature‚ which is the parliament as the parliament has the power to make the statue because the people elected them. So the judges interpret the primary law‚ which
Premium Common law Law Stare decisis
Contract law A contract is an agreement between two or more parties‚ with the intention of creating a legal obligation‚ which may have elements in writing. And it can be made orally.This agreement creates a legal relationship of rights and duties on the parties and if these obligations in the agreement are not fulfilled then serious action could be taken by the courts on the party. There are three key elements for the conception of a contract. These are offer‚ acceptance‚ consideration and an intention
Premium Contract Contract law
Contracts Essay 3 Issues Raised by Breach of Contract Breach of Contract A breach of contract occurs when a party’s duty to perform under a contract is absolute‚ and that party fails to perform. The duty can be absolute because it was not conditional in the first place; any conditions were either excused or fulfilled; or the duty was not discharged. According to the facts Bilda had an absolute duty to finish building the cabin by December 1‚ the agreed upon completion date. Since Bilda
Premium Contract Contract law Breach of contract
Law of Writs In common law‚ a writ is a formal written order issued by a body with administrative or judicial jurisdiction. In modern usage‚ this body is generally a court. Writs are extraordinary legal remedies offered to individuals who do not obtain adequate protection under ordinary law. The main types of writs are warrants and prerogative but there are many others also. Writs under English law The origin of writs can be drawn from the English judicial system. The law of writs has its
Premium Law Common law Contract
Contract Law Cases The Offer Meeting of minds: Clarke v Earl of Dunraven and Mount Earl: Yacht races. Letters sent in Communication (in writing‚ speech and conduct): Carlil v Carbolic Smoke Ball Co: pay back 100 if you get influenza. Deposit 1000 The Acceptance: Strictly in response to
Premium Contract
warranties or restrict buyers to a few requirements to qualify for a warranty. A warranty is a promise‚ arising by operation of law‚ that something that is sold will be merchantable and fit for the purpose for which it is sold. Express warranties: need to be communicated by words to the consumer by the seller. The seller can communicate the agreement in a written contract or even simply by agreeing orally. By expressing the warranty‚ the seller could emphasize on the requirements of the goods condition
Premium Tort Negligence Implied warranty
Law of Agency WHAT IS AN AGENCY? Sec 135 of Contract Act‚ agency is the relationships which subsists between the principal and the agent who has been authorized to act for him or represent him in dealings with others. WHO CAN BECAME A PRINCIPAL OR AGENT? Any person who is 18 years old and above and who is of sound mind may be principal. As between the principal and third persons‚ any person can became an agent. BUT persons of unsound mind and who are below 18 years are not liable towards their
Premium Contract law Acts of the Apostles Agent
al Frustrated contracts A contract may be discharged by frustration. A contract may be frustrated where there exists a change in circumstances‚ after the contract was made‚ which is not the fault of either of the parties‚ which renders the contract either impossible to perform or deprives the contract of its commercial purpose. Where a contract is found to be frustrated‚ each party is discharged from future obligations under the contract and neither party may sue for breach. The allocation of
Premium Contract Contract law Breach of contract