Outcome-4………………………………………………………………….8 Bibliography………………………………………………………………...10 Outcome 1: Before describing Bill and James legal position according to their activities‚ the formation of a contract has given below in Figure 1: [pic] By the formation of contract‚ the legal position of Bill and James has been analysed as following: Invitation to Treat: When Bill said to James‚ “I may be prepared to buy ten televisions from you for £2000”. Then
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Case Report Worksheet Case name including citation? Fisher V Bell [1961] 1 QB 394‚ [1960] 3 WLR 919‚ [1960] 3 All ER 731‚ HKSAR V Chow Kwong Chun (unrep.‚ HCMA No 836 of 2001) and HKSAR V Wan Hon Sik [2001] 3 HKLRD 283 were cited in the judgeme Is it a civil case or criminal case? It is a criminal case as Yu Wai Chuen was charged by HKSAR. Who are the parties? The plaintiff (prosecutor) was HKSAR and defendant was Yu Wai Chuen. This was an appeal by Yu Wai Chuen against HKSAR (respondent).
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Business Law Exam 2 Final Review Three questions on the exam… #1 Q. Natasha Rostov is asserting rights as a third party donee beneficiary on a contract made by mike… A. The terms of the contract and the surrounding circumstances show a clear intent to benefit her. #2 Q. Which of the following statements is correct with regard to anticipatory breach of contract? A. It occurs when one party indicated with definiteness she/he will not or cannot perform under the terms of the contract
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are required for the formation of a legal contract. The elements of an agreement that are required for the formation of a legal contract is that it should consist of both offer and acceptance. This being said‚ there are principles that constitute an offer and acceptance. An offer consists of the element of promissory. This means that there must be an undertaking or promise to give or do something. This is shown in the Placer Development Ltd v Cth case‚ where the Commonwealth agreed to pay a subsidy
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SALE OF GOODS Ref: Sale of Goods Act‚ 1930. SALE A contract to transfer the ownership (title) of the goods from one person (seller) to another (buyer) for a price as consideration is called Sale. ESSENTIALS OF A SALE 1. Two Parties 2. Transfer of title. 3. Goods. 4. Price. AGREEMENT TO SELL Where under a contract of sale the transfer of ownership in the goods is to take place at some future time subject to some condition thereafter to be fulfilled the
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CPA Law Exam II Notes Chapter 19: Formation & Terms of Sales Contracts Sale of Goods: UCC Article 2. Applies only to transactions involving goods. (Personal Property: Depends on how property is used. Ex: Brick in building = Real Property. Brick in riot = Personal). If it’s a mixed trxn‚ the predominant part determines which law is applied. If goods are the incidental part‚ common law applies. Common law is for services and sale of real property. Lease: UCC Article 2A. Transfer of the
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of Consent Effects of Doctrines Discussed in This Chapter * Voidable: person whose consent was not real has the power to rescind (cancel) the contract * Necessity for Prompt and Unequivocal Rescission * Must act promptly and unequivocally to rescind a contract * Also avoid actions that suggest that she affirms or ratifies the contract * Send mixed messages‚ delaying the notification‚ etc. Misrepresentation and Fraud * Relationship between Misrepresentation and Fraud
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Business Law 101 9A 4/19/2012 Chapter 4 – p99 Question: 4.5 Does Whittens “work: satisfy the requirements for a claim grounded on negligence? Yes‚ the plaintiff alleging claims that Whitten’s work was “substandard‚ not to code‚ unsafe and not done in a [workmanlike] manner. Whitten failed to act with duty of care and breached his contract by doing bad work. The tort of negligence occurs when someone suffers injury because another’s failure to live up to a required duty of care. Negligence
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A contract is an enforceable agreement between two or more persons or entities pursuant to which the parties undertake binding obligations. The vast majority of all business --- both personal and commercial --- is conducted pursuant to contracts‚ either oral or written‚ and courts of law decide disputes between parties to contracts. The four basic elements necessary for formation of a valid contract are capacity‚ offer and acceptance‚ consideration and compliance with law and public policy. Also
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A contract is an agreement between two or more parties to perform a service‚ provide a product or commit to an act‚ and is enforceable by law. There are several types of contracts‚ and each have specific terms and conditions. All contracts‚ whether verbal or written‚ must include specific components that will make them legally enforceable in a court of law. If any of the components are missing‚ the courts will consider the contract unenforceable. To be enforceable‚ a contract must be legally valid
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