Contract Assignment – Week 3 Team D LAW/531 June17‚ 2013 Professor Grace Lee Employment Contract This contract dated this 17th day of June 2013 BETWEEN: Horace Grump (“Employer”) -AND- Nettie Samaritan (“Employee”) BACKGROUND: A. The Employer is of the opinion that the Employee has the ability to assist and benefit the Employer in business and welfare. B. The Employer requests to employ the Employee with the terms and conditions set out in this Agreement. IN CONSIDERATION OF the
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DURESS 1. Generally If one party pressures the contractual consent of another by duress the contract is voidable by that other party (See Also s 52A TPA and s 39 FTA). The common law has long recognised that duress‚ in the form of coercion of the plaintiff’s will through illegitimate pressure or threats to the plaintiff’s interests‚ render a contract voidable (Barton v Armstrong). Traditionally‚ the common law concept of duress was limited to actual or threatened violence to the person of
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Partner From: Noelle Milburn Date: August 2‚ 2010 Re: Angela Woodside vs. Doyle Construction 1. Has Doyle Contractors breached its contract with Angela Woodside? Explain your answer fully. 2. Does Ms. Woodside have to wait until after April 1‚ 2008 to sue Doyle Contractors for breach of contract? Explain your answer fully. 3. Assuming a breach of contract has or will occur‚ what remedies does Ms Woodside have after the breach? 4. What defenses might Doyle Contractors raise in the event
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of a Contract “A contract is an agreement that can be enforced in court. It is formed by two or more parties who agree to perform or to refrain from performing some act now or in the future.” (pg 208) Recently I was faced with a situation regarding a contract that was not in writing and I had to explain that as long as a verbal contract contains the four essential elements of a contract it is binding. We are so accustomed to seeing contracts in writing that many people assume that a contract must
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Business Law | Contract Analysis | Westwood College | Eric Givens 2/12/2013 | Contract Analysis A contract is a legal document between two or more parties. There are several elements that are necessary in order to make a contract enforceable. The specifics of these various elements may differ from state to state‚ but all seven of the elements must be present in order for the contract to exist. As such‚ if one of these elements is missing‚ a contract can be voided and the parties
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Voidable contract is a contract that has legal effect and force when it is made‚ but is liable to be subsequently annulled or set aside by the courts through the process of recission. Due to the section 10 of the Contracts Act provides‚ all agreements are contracts if they are made by the free consent of the parties competent to contract. As what i’ve been thought and my understanding‚ there are five causes which lead to the voidable contract. They are : 1. Coercion (S.15) 2. Undue influence (S.16)
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A Collateral contract A collateral contract is one where the parties to one contract enter into or promise to enter into another contract. Thus‚ the two contracts are connected and it maybe enforced even though it forms no constructive part of the original contract. According to Lord Denning MR in the case of Evans & Sons Ltd v Andrea Merzario Ltd [1976] 1 WLR 1078 a collateral contract is ‘When a person gives a promise‚ or an assurance to another‚ intending that he should act on it by entering
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Contracts Review Common law majority Rule UCC Article 1 & 2 (transaction in goods)- usually same as majority common law except in a few areas Significant minority rules- will be on test and are there to fool you. DO NOT CHOOSE! 34 Contracts MCQ * 60% Offer and Acceptance (6-8 Qs)‚ Conditions (6-8Qs) and Remedies- UCC and Common law (6-8 Qs) * 40% - 1-2Qs on the following areas * Consideration * 3rd party beneficiaries * Assignments and delegations * Statute
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83 Introduction. Contract Law - its broadest aims. Contract Law in India all over the world has two primary functions. Even a lay person will be able to guess what these two functions are. Contract law is conceptualised‚ codified and enforced primarily for two reasons: Ensuring that contracts are formed legally and in keeping with the principles of justice‚ equity and good conscience; and specifying remedies for an injured party if the other performs a breach of the contract. The subject under
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Business Law – BUSN420 Week Four Assignment As our textbook explains fraud invalidates a contract. “The presence of fraud affects the authenticity of the innocent party’s consent to a contract. When an innocent party is fraudulently induced to enter into a contract‚ the contract usually can be avoided because she or he has not voluntarily consented to the terms. Normally‚ the innocent party can either cancel the contract and be restored to her or his original position or enforce the contract and
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