ESSENTIAL REQUISITES OF CONTRACTS Article 1318. There is no contract unless the following requisites concur: 1. Consent of the contracting parties; 2. Object certain which is the subject matter of the contract; 3. Cause of the obligation which is established. Article 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance
Premium Contract
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
Premium Contract Contract law
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
Premium Contract Contract law
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
Premium Tort Contract Reasonable person
Consideration in contract formation ------------------------------------------------- Top of Form Consideration is essential to the formation of any contract made without deed. It distinguishes a bargain or contract from a gift. Lush J in the case of Currie v Misa (1875) referred consideration consist of a benefit to the promisor or a detriment to the promisee as: “Some right‚ interest‚ profit or benefit accruing to one party‚ or some forbearance‚ detriment‚ loss or responsibility given‚ suffered
Premium Contract
DR AMBER v MAGGIE Selwyn Selikowitz Group No: 3613 Advice has been sought as to whether or not Dr. Amber has an enforceable contract with Furniture Comfort‚ and whether she is entitled by law to buy the couch at the discounted price. In order to address the issue‚ one needs to start by examining each of the four essential elements for contract formation: agreement‚ consideration‚ certainty and an intention to create legal relations.[1] 1. NEWSPAPER ADVERTISEMENT The newspaper advertisement
Premium Contract
the agent‚ is considered in law to represent the other‚ called the principal‚ in such a way as to be able to affect the principal ’s legal position in respect of strangers to the relationship by the making of contracts or the [sale or purchase] of property." So‚ an agent is someone who represents another‚ called the principal‚ in dealings with third persons. Agency is therefore an exception to the general rule of contract law that only the parties to a contract are bound by it. Examples: a
Premium Contract
Contract Creation and Manage Law 531 Contract Creation and Management After completion of the Contract Creation and Management simulation the following legal issues were noted. There were problems with this contract from the beginning because the specifics of the contract were ambiguous from the start. The companies involved developed a contractual relationship by evidence of an offer‚ acceptance of the offer and valid and legal consideration‚ which in this case is money for services rendered
Premium Contract
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
Premium Contract Contract law
DYJR7EAdvertisements of Bilateral Contracts Are Not Usually Offers Case Coelho Vs The Public Services Commission 1. Brief Facts/ Case Summary The applicant‚ Mr Meredith Coelho was a health inspector under the town Board Tanjung Malim and he applied for the post of Assistant Passport Officer in the Federation of Malaya Government Oversea Missions as advertised in the Malay Mail newspaper dated 1957. The terms and conditions of the selection are as stated below: * Serving Assistant passport
Premium Contract