Agency‚ with special focus on the liabilities involved between the parties. The Law of Agency: General Concepts Agency Laws comes under the purview of Commercial Law. The Indian Contract Act 1872‚ Section 182 defines an Agent as “a person employed to do any act for another or to represent another in dealings with third persons”. The other person to whom the agent is employed to is said to be the Principal. The law of agency helps form the different contractual‚ quasi-contractual relationships
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1.0 INTRODUCTION All people do not have the same legal capacity to make contract. In some case the legal capacity of the person has no relation to the individual’s actual ability. A person who is 17 years old for example‚ may have just as much to make a contract as an older person. Nevertheless a17 years old are ordinarily under a legal incapacity. In other cases such as those involving insane persons‚ the legal incapacity is based upon the inability to understand the consequences of the particular
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Question 1 The issue of this question is whether Scott and Kyle can bring legal action against Wayne for what they feel is a breach of contract. Under the law governing offer and acceptance‚ a valid offer has been made through an advertisement. In order for an offer to be accepted‚ the party must entirely accept the offer. The rules governing acceptance has to be positive not passive. Silence does not forms acceptance. The general rule of acceptance is that the acceptance must be received by
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Issue: The issue in this problem have 4 problems. This is whether or not there is fraudulent misrepresentation. And whether or not there is the legal contract. At the same time‚ whether or not the oral evidence rule it included. And it have whether or not the consumer guarantee. Rule- Fraudulent misrepresentation Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false. According to Andy and Douglas1 .An action for fraudulent
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WHEN DOES AN AGREEMENT BECOME A CONTRACT? (1) There must be some consideration for it According to Section-2(d) of the Indian Contract Act‚ 1872 “When‚ at the desire of the promisor‚ the promisee or any other person has done or abstained from doing‚ or does or abstains from doing‚ or promises to do or to abstain from doing‚ something‚ such act or abstinence or promise is called a consideration for the promise.” According to Section-25 “Agreement without consideration‚ void‚ unless it is in writing
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Law of Agency WHAT IS AN AGENCY? Sec 135 of Contract Act‚ agency is the relationships which subsists between the principal and the agent who has been authorized to act for him or represent him in dealings with others. WHO CAN BECAME A PRINCIPAL OR AGENT? Any person who is 18 years old and above and who is of sound mind may be principal. As between the principal and third persons‚ any person can became an agent. BUT persons of unsound mind and who are below 18 years are not liable towards their
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al Frustrated contracts A contract may be discharged by frustration. A contract may be frustrated where there exists a change in circumstances‚ after the contract was made‚ which is not the fault of either of the parties‚ which renders the contract either impossible to perform or deprives the contract of its commercial purpose. Where a contract is found to be frustrated‚ each party is discharged from future obligations under the contract and neither party may sue for breach. The allocation of
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2.3 Impact of Different Types of Contracts The agreement was binding. The Court of Appeal distinguished the case of Balfour v Balfour (HPH 202) on the grounds that the parties were separated. Where spouses have separated it is generally considered that they do intend to be bound by their agreements. The written agreement signed was further evidence of an intention to be bound.. In this case of husband and wife is a domestic agreement‚ they jointly owned a house. Husband left to live with another
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NO.: MODULE: BUSINESS LAW LECTURER: MR MAHADEVAN LUKSHUMAYEH Question: In early 2013‚ Beauty property developer negotiated with Stylish over a new house in the eastern sector of Singapore. Beauty and Stylish had various meetings about the cost and finish of the house. At one of their meetings‚ Stylish asked Beauty whether the price of the house included curtains‚ blinds and window coverings. Beauty explained that all window coverings were provided for in the contract. Several weeks later Stylish
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wCASE LAW * STILK v MYRICK (Law Of Contract: Rules of Consideration-m/s 18) Facts: the captain of a ship promises his crew that if they shared between them the work of two seamen who had deserted‚ the wages of the deserters would be shared out between them. Held: the promise was not binding because the seamen gave no consideration. They were already contractually bound to do any extra work to complete the voyage. * HEARTLEY v PONSONBY (Law Of Contract: Rules of Consideration-m/s 18) Facts:
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