common law‚ a contract is a legally binding agreement between two or more parties that sets an exchange of promises of what each party will or will not do".(Elliott‚2011‚p.13) The contract can be unilateral and bilateral. if the oferee can accept simply by promising to perform‚ the contract is bilateral. Bilateral contract is a "promise for a promise"‚ and in order to be formed‚ is not need for consideration to be made at the time when the promises are exchanged . In a unilateral contract‚one party
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By use of examples‚ explain how an agreement recognized by the law of contract Law of contract is body of legal rules governing the conclusion and consequences of contract. Contract is an agreement based on consensus between legal subjects with contractual capacity. Which is legal‚ physically possible and complies with the prescribed formalities and which is reached with the intension of creating a legal obligation with resultant rights and duties? 1. Consideration It’s the price paid by
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83 Introduction. Contract Law - its broadest aims. Contract Law in India all over the world has two primary functions. Even a lay person will be able to guess what these two functions are. Contract law is conceptualised‚ codified and enforced primarily for two reasons: Ensuring that contracts are formed legally and in keeping with the principles of justice‚ equity and good conscience; and specifying remedies for an injured party if the other performs a breach of the contract. The subject under
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A Collateral contract A collateral contract is one where the parties to one contract enter into or promise to enter into another contract. Thus‚ the two contracts are connected and it maybe enforced even though it forms no constructive part of the original contract. According to Lord Denning MR in the case of Evans & Sons Ltd v Andrea Merzario Ltd [1976] 1 WLR 1078 a collateral contract is ‘When a person gives a promise‚ or an assurance to another‚ intending that he should act on it by entering
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LAW AND CONTRACTS 1.Eagle Stores‚ Inc. borrows $5‚000 each from EZ Loan Corporation‚ First National Bank‚ and Great Products Corporation. Eagle uses its "present inventory and any thereafter acquired" to secure the loans from EZ Loan and First National. EZ Loan perfects its interest on April 1‚ followed by First National on April 5. Eagle buys new inventory on April 10 from Great Products and signs a security agreement‚ giving Great Products a purchase-money security interest (PMSI) in the new
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Contract Disputes Vanessa Bray Lee Strayer University BUS501-044 December 9‚ 2011 Dr. William Hadyn Roberts “CONTRACT DISPUTES REACH 15-YEAR HIGH”‚ was the heading of an article published‚ December 1‚ 2010 in the Government Executive. The heading in itself tells us that the government is doing more and more business by contract and as a result contractors who are lobbying for government business have become more aware of their rights to file disputes when it involves a loss of potential
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Unit 21 – Aspects of Contract and Business Law Assignment Unit 21 Candidate Full Name: Date issued: Candidate Number: Date due for return: Teacher: Mr M Tissot Date submitted: Email: Learning Outcomes When you have finished this unit you should: 1 Be able to apply the requirements for a valid contract 2 Understand the impact of statutory consumer protection on the parties to a contract 3 Understand the meaning and effect of terms in a standard form contract 4 Be able to apply the
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CONSTRUCTION PROCUREMENT BEST PRACTICE GUIDELINE #C2 Construction Industry Development Board Pretoria Tel: 012 343 7136 or 012 481 9030 Fax: 012 343 7153 E-mail: cidb@cidb.org.za 1. Choosing an appropriate form of contract for engineering and construction works September 2005 Second edition of CIDB document 1010 Background The Green Paper on Creating an Enabling Environment for Reconstruction‚ Growth and Development in the Construction Industry has a vision for a construction
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Sale of Goods Act- gives statutory rights as a consumer. Was the contract with an existin company or one which is starting up?? Was there any limitation clause in their contract?? Breach of contract causes a contact to be discharged. This is when one party performs defectively‚ differently from the agreement. This can be done by actual breach‚ when there is no performance‚ or through anticipatory breach‚ when they indicate in advance that they will not be performing as agreed. An offer is when
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1. Introduction There are many types of contraction contract. For example Lump Sum Contracts‚ Unit Price Contracts‚ Cost Plus Contracts‚ Design and Build Contracts & Concession Contracts. Today Concession Contracts are gaining popularity in the Malaysian construction industry. What is Concession Contracts about? It can be define as a business operated under a contract or license associated with a degree of exclusivity in business within a certain geographical area. A project based on granting by
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