to have a legally binding contract. Consideration can be anything of value (such as an item) which each party must agree to exchange for the contract to be valid. For consideration to be sufficient‚ both parties have to have an agreement. If only one party agrees to it‚ then the agreement is not consider a legally binding contract. Something must be given or promise in exchange for the promise. Consideration must be sufficient but it need not be adequate to form a contract. The courts will not measure
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Charlie is going to rescind the contract. He demands return of his money and compensation for the loss of commission on several high profile sales of his business. He wants to rescind the contract because the package of software recommend by Carmine was obsolete‚ despite Carmine’s assurances. This problem is concerned with the contents of the contract which is term in the contract‚ the misrepresentation and unconscionable conduct. Charlie will claim that Carmine verbal assurances about the
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Steven Westgate BUS345.01 Business Law I Chapters 9‚ 10‚ 11‚ 12‚ 13‚ 14‚ 15‚ 16‚ 17‚ and 18 Professor Sappington November 3‚ 2003 1) This would indeed be a contract called an implied-in-fact contract. This is a contract that is implied from the conduct of the parties. Unlike other contracts‚ the contract was created through the conduct of the parties‚ not through words. This is what Miller and McCleskey have done. The parties both agreed through their
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UNIVERSITI TUNKU ABDUL RAHMAN ACADEMIC YEAR 2005/2006 DECEMBER EXAMINATION UBML1053 BUSINESS LAW THURSDAY‚ 15 DECEMBER 2005 TIME: 2.00PM – 4.00PM (2 HOURS) BACHELOR OF COMMERCE (HONS) ACCOUNTING YEAR ONE Instructions to Candidates: Section A : [Total: 40 marks] 1. This section consist of ONE (1) compulsory question 2. Answer ALL the sub-questions. Section B : [Total: 60 marks] 3. This section consists of THREE (3) questions. 4. Answer only TWO (2) questions. 5. No marks will be given for any extra
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Lecture 4 & 5 - CISG- International Contracts of Sale of Goods Contract The issues in this case is -- what is the governing law? -- Does CISG apply? -- Is there a breach of contract by (seller) as regards to (a) Delay of delivery (b) quality if wines? -- What are the remedies available to (buyer)? 1. Is there a choice of law clause? ( Yes – Australian is the governing law ) ( No- where there is no choice of law clause in the sale contract‚ courts will choose the law of nation which has the ‘ closest
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TORT‚ PRODUCT LIABILITY‚ INTELLECTUAL PROPERTY‚ CRIMINAL and PROPERTY LAW CASE ANALYSIS TORT CASE OVERVIEW LEGAL ASPECTS 535 PROFESSOR T. RICE MEMORANDUM TO: Professor T. Rice FROM: RE: Denny v. Ford Motor Company (Tort Law) FILE: Court of Appeals of New York‚ 1995 639 N.Y.S. 2d 250 DATE: April 6‚ 2014 Conclusion: Nancy Denny (Plaintiff) was driving her Ford Bronco II in June of 1986‚ when she slammed on the brakes to avoid hitting a deer that had walked in front of her vehicle
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Business Law Tutorial 11 1. [ Refer notes - creation of agency ] 2. [ Refer notes - Duties of Agent to Principal ] 3. [ Refer notes - Duties of Principal to his Agent ] 4. 4 remedies available: Principal may repudiate the contract - Section 168 Contracts Act‚ 1950 Principal may recover the bribe from agent - Section 169 Contracts Act‚ 1950 Principal may refuse to pay commission to Agent Principal may dismiss agent for breach of duty 5. [ Refer notes - Termination
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Contract of Sale. By the contract of sale one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing and the other to pay therefore a price certain in money or its equivalent. |Contract of Sale |Contract to Sell | |Title over the property passes to the buyer upon delivery unless |Ownership is retained by the seller whether or not there is |
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Issue: Whether directors of ABC Bhd had breach their duty as directors. Whether ABC Bhd can persue their claim against any other party related to ABC Bhd. Law: S.4(1) Company Act 1965 (CA1965) states that director includes any person occupying the position of director of a corporation by whatever name called and includes a person in accordance with whose directions or instructions the directors of a corporation are accustomed to act and an alternate of substitute director. For example‚ in the case
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intentions for the future. Provide Comfort‚ not assurance. (Kleinwort Benson Ltd v Malaysia Mining Corporation Berhad [1981] Agreement- has been a valid offer and that it has been accepted. Manifestation by 2 or more persons to the substance of the contract. Would a reasonable person think an agreement had been entered. Can be shown by conduct. Does not have to be express words “I accept your offer” Offer: 1. Offers must be distinguished from an invitation to treat or request for information.
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