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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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
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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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LAW& AUDIT What is Law? Law means a ‘set of rules’ which governs our behaviours and relating in a civilized society. So there is no need of Law in a uncivilized society. Why Should One Know Law? One should know the law to which he is subject because ignorance of law is no excuse. Sources of Mercantile Law in India English Mercantile Indian Status Law Judicial Decisions Customs and Usages STUDY NOTE – 1 : INDIAN CONTRACT ACT‚ 1872 Section 1:Short Title The Indian contract Act
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Md. Anisul Islam‚ Id-1010025 01. 02. No‚ There is no quasi-contract here. Here is a contract of specific performance. 03. No‚ Klick-Lewis did not want to make a legal offer because it refused to give the car as prize & also neglected to remove the car & the sign before Cobaugh’s play in the tournament. 04. 05. 06. No‚ Madaio did not effectively accept the offer before McCarthy withdrew it. Because Madaio signed the contract but did not mailed or informed McCarthy before withdrawal. 07
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What is a contract? A contract is an agreement enforceable by law. 2. What is an agreement? An agreement is an arrangement between parties that creates legal obligations between them. Generally an agreement is said to be arrived at when an offer or proposal made by one person is accepted by another‚ with the intention of creating mutual obligations between them. 5. What are the essential features of a contract? Minimum two parties :- Atleast two parties are needed to enter into a contact
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Douglas Edmunds ETH/321 04/06/2015 Elements of a Contract Scenario 1. Jack has to decide whether to engage an attorney. What would you advise? I would advise jack not to engage an attorney in the case. First‚ the fact that the old woman who sold the china shows signs of Alzheimer is enough to nullify the contract. A person can only get into contract if they are understand the terms and are considered to be competent. A person engaging in a contract should be able to understand all the ramifications
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Image of handshake. Diffen. 2015 Elements of a Contract Hillary Fullmer Eth/321 January 12‚ 2015 William Eshelman Elements of a Contract An agreement that is legally bound between two or more people is a considered a contract. There are three elements that make up a contract agreement‚ consideration‚ capacity‚ and legality. Agreement is the coming to terms with both parties involved by acceptance of the offer. Consideration is the return of the value promised for an action or non-action that
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30th May Thursday 11-12 (replacement) 1b) Negligence misrep – For this‚ 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
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consideration is irrelevant because the law does not prohibit bargains. 5. Is there consideration when a secured note for a lesser amount is given and accepted in discharge of an unsecured note for a greater amount? Explain. No‚ because if a secured not for a lesser amount is given and accepted in discharge of an unsecured note for a greater amount‚ the difference between the two notes is discharged. The security is the consideration to support the contract to settle for a lesser sum. 6.
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