1. How do you distinguish between an offer and an invitation to treat? The word ‘proposal’ bears the same meaning as ‘offer’ in English law. Offer is an agreement between two or more parties is constituted by a proposal and an acceptance of it. An offer is made ‘when one person signifies to another his willingness to do or to abstain from doing anything‚ with a view to obtaining the assent of that other to such act or abstinence’. For instance‚ thus A‚ by offering to buy B’s car for $10‚000
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the common law negligent misrep is followed- i.e. that is duty of care‚ “special relationship” ‚ breach of standard of care‚ causation‚ and remoteness. 1c) Duress is pressure exerted by one person to coerce (influence someone to do smth) another to contract on particular terms. The main types are duress of the person “actual or threatened violence or unlawful imprisonment”‚ duress of goods “wrongful detaining‚ damaging or destruction of goods or threatening the same”‚ and economic duress “using economic
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Group A8 group memebers: Question 1 HowCan Pte Ltd enters into a contract of sale with Panda Ltd in China for the sale of perishable goods‚ F.O.B (free on board: i.e. buyer has to make the shipping and other arrangements). Howcan Pte Ltd then gets SureCan Pte Ltd to transport perishable goods from China to Singapore. The ship is supposed to transit via Vietnam. The goods are shipped out of China‚ but due to improper planning on the part of SureCan Pte Ltd‚ they are wrongly dispatched
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Contracts IS THERE A VALID CONTRACT 1) Was a Contract Formed? 2) Is the Contract Validly Enforceable? 1. Offer 2. Acceptance 3. Consideration 4. In Writing Contract is Void Contract is Voidable Making an Offer Methods of Acceptance Rule: Must have bargained for exchange. may be an exchange of promises. Illusory: only one party is bound to perform. Past Consideration: not consideration‚ But may= implied in fact K. EXCEPTION: Promissory Estoppel (reasonably relied to
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INTRODUCTION This assignment will strive to outline points of law including identifying key vitiating factors‚ including duress and undue influence and illegality as well as forms of discharge of a contract and remedies for that. It will also apply these laws to the cases provided to illustrate the application of these laws. Vitiating factors represent some sort of defect in the formation of the contract. Examples of this are that the contract is based on a mistake or a misrepresentation. Illegality on
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Contract: a legally enforceable agreement General Rule (GR) for an agreement to be legally enforceable‚ following requirements must be satisfied: 1. There is an agreement between the parties (2 or more persons) 2. The parties intended to create legal relations 3. Each party has provided consideration‚ that is‚ paid a price or made a promise GR for an agreement to be formed: 1. One person (the offeror) has made an offer 2. Another person (the offeree) has accepted the offer 3. The offeree
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INTRODUCTION……….5 ← Definition of Law ← Classification of Law & Classification of Civil Law ← Definition of Contract Law ← Types of Contract BODY………… 6-15 ← Essentials of A Valid Contract ← Definition of Vitiating Factors ← Types of Vitiating Factors ← Description of the different Vitiating Factors ← Discharge of a Contract ← The types of Discharge ← Remedies of Breach of Contract CONCLUSION……..15
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Florence Low Poh Geok Program / Intake: BCom27 Module: Commercial Law Lecturer: Daniel Theyagu Student ID: 32736209 Program Manager: Hazel Ong / Ang Kang Ling Total Words Count: 1998 Question 1A The legal point in question is whether Leila advertisement constitutes a binding contract and that she go can back on her promise of paying the reward $50 to Julie for returning the gold chain and locket to her. Relevant principle of law relating to this issue is that an advertisement made to the world
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Procedure: A suit was filed by Gary Porter in the Utah State Court against Fox with alleging breech of an implied-in-fact contract. The court granted summary judgment for Porter‚ which Fox later appealed to a state intermediate court. Issue: If sections of a contract are left out by mistake‚ is the contract still valid and enforceable? Were all the requirements of an implied-in-fact contract met? Holding: Yes Reasoning: The appellate court affirmed the lower courts summary judgment in favor of Porter
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0 18.0 19.0 20.0 21.0 22.0 23.0 24.0 Definitions Articles of Agreement General obligations of the Employer General obligations of the Contractor General obligations of the Architect General obligations of the Quantity Surveyor Contract documents Contract bills and contract price Contractor’s site agent and other staff Clerk of Works Liability against injury to person and property Insurance against injury to persons and property Insurance of the Works (Contractor’s liability) Insurance of the Works
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