A valid contract consists of all essential components which present and the court will enforce as a legally binding promise . One of the elements contract to create a contract is agreement which included an offer and acceptance. “Acceptance is a final and unqualified assent to the terms of the offer‚ made in the manner specified or indicated by the offeror” . Acceptance may be express orally‚ in writing‚ occasionally‚ or even by implied from the offeree’s conduct. In communication of acceptance‚
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: Issue 1. Whether Nur Aini consent to an agreement caused by undue influence? Undue influence define under Section 16(1) of the Contract Acts where a contract is induced by undue influence if one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. Section 16(1) of the Contract Acts 1950 lay down the principal in general terms and gives the element necessary to establish undue influence where the elements are
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DISCHARGE OF A CONTRACT Normally the completion of a contract is straightforward as parties carry out their tasks as required. There are four main different ways of ending a contract: a) Discharge by performance b) Discharge by agreement c) Discharge by breach d) Discharge by frustration DISCHARGE BY PERFORMANCE For this the courts expect performance to be exact and complete. This means that it must match contractual obligations RE MOORE AND LANDAUER (1921) If requiring a contract to be complete
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business opportunity which causes her losing a considerable sum of money. The main issue in this question is whether Theresa able to sue for her damages. Law and Implication For there to be a valid contract between Theresa and AirMalaysia‚ there must be a proposal‚ acceptance and consideration. Proposal is defined in Section 2 (a) Contract Act 1950 as 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
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DISCHARGE Written by Mardi Szantyr Discharge of a contract refers to the way in which it comes to an end. Contracts can come to an end in the following ways: 1. by performance 2. by agreement 3. by frustration 4. by breach Each one of these methods of discharge will be considered. Discharge by performance The contract comes to an end when both parties perform their contractual obligations. Performance must substantially correspond with what the parties agreed allowing for minor
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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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Breach of Contract: 1. How the contract was allegedly breached‚ 2. What defenses may be available to the defendant‚ and 3. What remedy (or remedies) may be available to the Plaintiff. Charlize Theron has settled the $20 million breach of contract lawsuit against her‚ according to papers filed in Manhattan Federal Court Monday. The suit was filed last year‚ when Swiss watchmaker Raymond Weil claimed that Theron had worn a Christian Dior watch during a press event in 2006‚ despite being paid
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delay must be compensated. The amount of compensation is usually set in advance and called ‘liquidated damages’ - Use a straightforward calendar date to name the delivery date: 15th September 2010‚ for example. The parties often plan for the contract to come into existence in two steps: the signature date and the date of coming into force. The date of coming into force is not usually a calendar date‚ but the date on which the last precondition is met. Common preconditions are: + Receipt
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Second Exam Review Guide Chapter 8 – Negligence (5 extra credit questions) Know the definitions of negligence and negligence per se * Negligence – conduct that falls below the standard established by law for the protection of others against unreasonably risk of harm; not intentional and usually by accident * Negligence Per Se – violation of a statute that prohibits or requires a behavior in order to prevent harm to others; both duty of care and breach Know and be able to apply the
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TEST YOURSELF IN BUSINESS LAW 1 (OBLIGATIONS AND CONTRACTS) Part I The juridical tie that binds the parties in an OBLIGATION is determined by the sources of Obligation. Mora Accipiende and Mora Solvendi are two kinds of delay. An Obligation with a Condition AND an Obligation with a Period refer to the same kind of Obligation. Acts of Man and Acts of God are considered Fortuitous Event under our Civil Code. There can be Joint Obligation in an INDIVISIBLE OBLIGATION. The principal
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