Law of Contract II Semester 2‚ 2011 Word Count: 1932 A party’s right to terminate a contract arises from a particular type of breach of contract by another party. The facts of the breach and the nature of the term breached in each case inform the party with whose contract has been terminated‚ as to whether it is lawful or not. Common law rights to terminate arise in one or more of the following three ways: * Any breach of a condition of the contract; * A serious breach of an intermediate
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BUSINESS LAW INDIVIDUAL ASSIGNMENT QUESTION 1A Legal Issue This aspect involves LAW/ RULE OF OFFER AND ACCEPTANCE. Discussion of the legal principles “… agreement can be resolved into an offer by one party (the offeror and an acceptance of that offer by the other the offeree. Contract is an agreement between two or more people. Discussion of the legal principles One of the parties must have made an offer The offer must have been communicated to the offeree The offer must not have been
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Introduction: A contract is described as "an agreement giving rise to obligations enforced or recognised by law" (Doolan‚ 2003)‚ he continues to describe that a contract exists "when legally capable persons have reached agreement‚ or where the law considers them to have reached agreement" Doolan also illustrates that "The Law of Contract concerns itself with all contracts. Not alone does it apply to contracts worth considerable sums of money‚ but the same rules govern simple contracts‚ such as the
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081-AC1221-60 Company Law ASSIGNMENT ONE The case concerns the pre-incorporation contracts. Firstly‚ it is necessary to define the pre-incorporation contracts. They are the contacts which the promoter wants to enter the contract before a company is incorporated. Under Common law position‚ the company cannot gain contractual rights or incurs liabilities from a pre-incorporation contract. Also; the pre-incorporation contracts cannot bind the company. In this case‚ Bosco is the promoter who
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Contract laws are governed by the common law and the Uniform Commercial Code. The difference is that common law usually governs transactions with real estate‚ services‚ intangible assets‚ insurance and employment while UCC governs contractual transactions of goods and tangible goods like a house. It’s very vital to understand their difference especially when dealing with contacts. ANALYSIS OF THE 3 CASES IN SUBMISSION 5-8 1. UCC laws will apply in Maria’s case‚ the laws states that a change to an
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With the presence of contract law‚ it helps to elimiate any injustice an individual or company might face when engaging in negotiation. It protects the interest of the different parties involved. In the case given‚ contract law will jusitiy an individual legal rights. The element of contract law includes offer‚ acceptance‚ consideration and an intention to create legal relation. In the scarnio give‚ we need to ascertain the basic fundamental of the contract law. The possibility of Bill taking legal
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CONTRACT PORTFOLIO PART 1 Tutorial 1 – Privity 1) Examine the Privity rule and its relationship with the rules on consideration. Privity is where someone not a party to a contract can be liable under neither it nor benefit from it. There has to be a promise from the party also some consideration. It is stated in the book 19th Century according to Richards that privity’s modern authority has been through the case of Dunlop v Lambert. In Dunlop v Selfridge[1] where there was a contract between
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Lewis Outlined below is a neutral perspective on a civil law scenario. The text will include an unbiased opinion on whether Susan had any form of contract with House of Lewis Stores LTD and a personal opinion in relation to a compensation claim. Contract law and a personal interpretation will also be discussed. The presence of a contract is only determined when a certain criteria is met‚ this is what known as the elements of a contract‚ these are as follows; The first of these is the offer‚ there
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the terms outlined in a contract until they find themselves at the receiving end of litigation. In addition‚ they do not recognize that a contract can be established with as little as a verbal agreement between parties which can‚ as with a written contract‚ become the basis to award damages in the event that one or more members default on the agreement. When individuals make purchases they form contracts with the entity whose business they patronize. Formation of a contract for sale need only entail
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Semester Two 2012 word count:1470 words 1.in this situation‚ first we need to identify if there is a legal binding contract‚ a contract is a agreement which the law will enforce‚ a contract is a part of common law‚ common law is also called custom law‚ it is made by the judge to protect the community against the crimes‚ when an issue goes to court and there is no statue law that covers it‚ a judge will hear the case and issue a verdict. the record of this verdict becomes a precedent so that
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