intentions for the future. Provide Comfort‚ not assurance. (Kleinwort Benson Ltd v Malaysia Mining Corporation Berhad [1981] Agreement- has been a valid offer and that it has been accepted. Manifestation by 2 or more persons to the substance of the contract. Would a reasonable person think an agreement had been entered. Can be shown by conduct. Does not have to be express words “I accept your offer” Offer: 1. Offers must be distinguished from an invitation to treat or request for information.
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C. THE UNFAIR CONTRACT TERMS ACT 1977 The basic purpose of UCTA 1977 is to restrict the extent to which liability in a contract can be excluded for breach of contract and negligence‚ largely by reference to a reasonableness requirement‚ but in some cases by a specific prohibition. S.6(2) states that as against a person dealing as consumer‚ liability for breach of the obligations arising from ss.13‚ 14 or 15 of the Sale of Goods Act 1979 (seller’s implied undertakings as to conformity of goods with
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is a future and certain event upon the arrival of which the obligation subject to it either arises or is extinguished. The debtor promises to pay when his means permit him to do so—the obligation shall be deemed to be one with a period. Other cases—as when the debtor binds himself to pay: -little by little -as soon as possible -from time to time -at any time I have the money -in partial payments -when I am in a position to pay Acquisition of rights- in obligations subject to a suspensive
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the parliament‚ and that only the parliament can make laws in the legislation. But‚ there is something that confuses the sovereignty of the parliament‚ which is the “judge-made law”. Is there such thing as a judge-made law? What is a judge-made law? A judge-made law is when a judge applies or extends an established rule to new facts‚ or decides that the particular rule do not take effect on certain situations‚ thus‚ making a change in the law. However‚ when it comes to this‚ it does not mean that
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Grocery‚ Inc. **Contract Law Portion** There are two bodies of law that govern contracts; Article 2 of the Uniform Commercial Code and the common law of contracts. “The Uniform Commercial Code‚ or UCC‚ is statutory law in every state. The common law of contracts is court-made law that‚ like all court-made law‚ is in a constant state of evolution.” (Mallor‚ 2007) The UCC was created by the American Law Institute and the National Conference of Commissioners on Uniform State Laws to establish a uniform
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…………………………………………………………………...9 Conclusion……………………………………………………………… 10 References………………………………………………………………. 11 INTRODUCTION In Assignment 1 in Common Law the basic notions relevant to business activities will be viewed. The purpose of this assignment is to apply basic theoretical knowledge of common law to day-to-day business practice. In this assignment particular cases will be considered from the legal standpoint. Legal aspect has always been important to any kind of business. Depending on the scale of
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and consent by the other so to act”. A party who employs another person to act in his behalf and subject is called a Principal. A party who agrees to act on behalf of another is called an Agent. Agency is governed by a large body of common law known as agency law. Eg: A real estate broker who is employed to sell a house. 2. What are the duties of a Principal to its Agent? A Principal owes following duties to its agent: * Duty to compensate: A principal owes a duty to compensate an agent
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Need for Interpretation In his The Law-Making Process‚ Michael Zander gives has stated the three reasons why statutory interpretation is necessary: 1. Intricacy of statutes with respect to the way of the subject‚ various artists and the mixture of legal and technical language can bring about incongruity‚ obscure and questionable language. 2. Anticipating the future occasion’s prompts the utilization of uncertain terms. Statutes are interpreted by the judges. Case of indeterminate dialect incorporate
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Anti-discrimination Law Question 1: [Sexsual harassment] Sue works for a company called X-Pest Pty Ltd. One day Sue walked into the lunchroom of the business. In the lunchroom was a number of male and female staff that were looking at the latest Queensland Netball Team calendar called “Chicks of Netball”. The players in the calendar were semi-naked. As Sue walked into the room‚ Bruce‚ who knew Sue was very shy around men‚ was pinning up Miss October on the staffroom fridge. As Sue came over
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Whether there is a legal contract between Bob and Mike? Does Bob have a legal obligation to pay to Tom as there is a contracted between them? Is Bob has to provide Steve with new computers‚ is there a verbal contract formed? Is the contract between Bob and Capital Motors? Law A contract can be defined as an agreement between an individual person or a company that the law enforce. (CSU LAW540 Modules‚ 2017‚ Topic 5) There are six primarily elements for a valid contract which are agreement‚ intention
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