Offer Proposal is defined under section 2(a) of the Indian contract Act‚ 1872 as "when one person signifies to another his willingness to do or to abstain from doing anything with a view to obtain the assent of that other to such act or abstinence‚ he is said to make a proposal/offer". Thus‚ for a valid offer‚ the party making it must express his willingness to do or not to do something. But mere expression of willingness does not constitute an offer. The rules regarding the offer are The offer
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Q1: What is a tort? Tort: A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another. Q2: What are the four elements of negligence? They are Duty‚ Breach‚ Injury‚ and Causation. Q3: Is Shannon liable for the tort of negligence? Yes‚ she is. First of all‚ she has been told by her physician that not to drive after taking the medication. Thus she has the duty not to drive in order to take care
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Acceptance Lindsay Reid LS 311 Kaplan University Professor James Starcher July 29‚ 2012 Acceptance In the case of Carrie‚ Antonio and Norvel‚ Carrie offers to sell Antonio a set of legal encyclopedias for $300.00. Antonio says he has to think about it and will let Carrie know the next day. Norvel‚ who overheard the offer to Antonio‚ tells Carrie he accepts her offer. Carrie gives Norvel the encyclopedias in return for $300.00. The next day‚ Antonio‚ unaware of the transaction between Norvel
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What are the modes of acceptance recognised under the Contracts Act 1950 (Revised 1974) and common law. Support your answers with reference to decided cases. An acceptance must be communicated for it to be effective and valid. The mental assent of both parties is not required but the external manifestation should exist. The acceptor must dos something in order to notify his acceptance. For example‚ he should communicate his acceptance of the offeror. This can be illustrated
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agreement by Shahreen. Relevant Law In this case‚ the relevant law is the counter offer. At first‚ Shahreen would like to buy it for RM400 but Hazli did not accept for that price. He would accept for RM450 price. On journey home‚ Shahreen agree with the price and wrote the letter to Hazli. In this case based on case : Hyde v Wrench ( 1940) 3 Bench 334. June 6 Defendant offered to sell his farm to the plaintiff for 1‚ 000 June 8 Plaintif made a counter offer of 950 but defendant refused to
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CAUSES OF EXTINGUISHMENT OF OBLIGATION 1. Payment or performance 2. Loss of the thing due 3. Condonation or remission of the debt 4. Confusion or merger of rights of creditor and debtor 5. Compensation 6. Novation I - PAYMENT OR PERFORMANCE PAYMENT means not only the delivery of money but also the performance‚ in any other manner of an obligation. How must the payment be made? 1. There must be delivery of the thing or rendition of the service that was contemplated. a. The debtor of a thing cannot
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FAKBIK Submitted: December 17‚ 2013 Revised: April 20‚ 2014 An Equitable Marriage Contract in Islamic Law Critics of Islam often focus on the relationships between men and women and argue that Islamic marriages are inherently sexist. Apologists agree that in practice‚ certain interpretations “have so severely restricted woman that marriage becomes an institution of oppression for her.”1 Wadud argues that using marriage as the “means by which a woman is stripped of her individuality and
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formation of a contract between the parties. However‚ she experienced numerous problems after the booking. First of all‚ as Sylvie’s son was ill‚ she wanted to transfer the holiday booking to her nephew. However‚ the travel agent did not allow this transfer. Secondly‚ Tours R Us wanted an extra payment of £50 because of a fault in the computers of the travel agency after the booking process. These two incidents caused the breach of the contract as the money was paid and a contract was formed between
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CONTRACT LAW IN GREAT BRITAIN AND THE USA Key terms and specific concepts I FORM Deeds‚ specialty contracts‚ contracts under seal (# simple contracts) Statute of Frauds 1677‚ s.4 Property Act 1925‚ s.1‚ s.40‚ s.136 ; 1989‚ s.1(3)(a)‚ s.2(1) Consumer Credit Act 1974‚ s.67‚ s.68 Uniform Commercial Code 2-201 ( 2-202 Parol Evidence Rule) Jinright v. Russell (1971) Mulford v. Borg-Wagner Acceptance Corp. (1985) II TERMS A) TERMS IMPLIED BY STATUTE Sale of Goods Act
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Contract Creation and Management Johnny B Good LAW/531 April 30‚ 2012 Professor Law Contract Creation and Management This week assignment is to provide analysis on the Contract Creation and Management simulation provided in the University of Phoenix (UOP) materials website. The simulation involves two companies; Span Systems‚ a California-based custom e-banking software developer and Citizen-Schwarz AG (C-S)‚ a Stuttgart-based bank with revenues of over $20 billion. Through C-S’s regional
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