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
Premium Offer and acceptance Contract Option contract
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
Premium Contract law Acts of the Apostles Agent
1.0 INTRODUCTION. Law of Malaysia Section 24 state that‚ the consideration or object of an agreement is lawful‚ unless it is forbidden by a law. It is of such a nature that‚ if permitted‚ it would defeat any law. Besides that‚ the agreement is lawful unless it is fraudulent‚ it involves or implies injury to the person or property of another or the court regards it as immoral‚ or opposed to public policy. In each of the above cases‚ the consideration or object of an agreement is said to be unlawful
Premium Contract Contract law
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
Premium Contract Contract law Breach of contract
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
Premium Contract Contract law
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
Premium Contract Contract law
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
Free Common law Law Contract
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:
Premium Contract Contract law
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
Premium Contract Contract law Law
where relevant. ISSUES Is Bob liable to Mary and to what extent? Does Bob have any defenses? Is Tom liable to Sam and to what extent? LAW In this case we are dealing with tort law and more specifically negligence in tort law. Negligence in tort law requires the plaintiff to prove the following: * The defendant owed a duty to the plaintiff (or a duty to the general public‚ including
Premium Tort Contract Reasonable person