Part 1 THE FORMATION OF A CONTRACT There are five basic requirements that need to be satisfied in order to make a contract: ● An agreement between the parties (which is usually shown by the fact that one has made an offer and the other has accepted it). ● An intention to be legally bound by that agreement (often called intent to create legal relations). ● Certainty as to the terms of the agreement. ● Capacity to contract. ● Consideration provided by each of the
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Law assignment Name: Chang Jun Han Student ID Number: Identification card number : Group : Lecturer’s name: The issue in this case deals with invatition to treat ‚ offer ‚ counter-offer ‚ conditional acceptance and acceptance . It also deals with the elements of valid contract. General rule for a binding contract is an offer and an acceptance of the proposal. There must be effective communication to the proposer. It is very important to differeciate a proposal from an invitation to
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Bakar is prepared or invitation to treat? Whether Simon Lee can claim the RM 5000 reward? Whether Bakar can revoke the offer for reward after the climbers have started climbing the mountain? Law According to s.2(h) of the Contract Act‚ a contract is an agreement enforceable by law. For example‚ offer acceptance. According to s.2(a) and Ho Ah Kim v Paya Trubong Estate‚ proposal is an action that shows willingness to enter into a contract. Invitation to treat is an invitation to make a proposal
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Culture is a very powerful system that we have today in the world. As stated in the text of the third edition of Invitation to the Life Span‚ culture is defined as ‘A system of shared beliefs‚ norms‚ behaviors‚ and expectations that persists over time and prescribe social behavior and assumptions. In every culture‚ something is done differently than the others. Weather is taking time off to care for a baby or going right back to work after a baby’s birth. It’s all different. We also have similarities
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Offers may be withdrawn at any time up until acceptance. Discuss the extent to which you agree with this statement and analyze the rules which determine the validity of withdrawal. There are two main issues to be dealt with in order to answer this question. Identify what is certified to be a valid offer and a valid acceptance. The second issue is knowing and analyzing the rules which determine the validity of withdrawal. First and foremost‚ to have a valid contract‚ there must be valid
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A contract -is a legal agreement that occurs between two or more parties. It can be a written or spoken agreement that can concern employment‚ sales‚ or tenancy. Parties or members involved‚ enter voluntarily into this agreement. Every contracts involve two persons they are the: Offeror and Offeree. The offeror is the one who offers to enter into a contract and the Offeree is the one to whom the contract is being offered Elements of a contract: Agreement‚ Lawful object‚ consideration and contractual
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Part A Contracts are an integral part of business and everyday life‚ and are fundamental to construction as the industry relies on the formation of contracts for business agreements. “Contracts are based on the idea of a bargain‚ where each side must put something into the bargain. A contract may be defined as ’an agreement which is binding on the parties’” (Galbraith‚ 1998‚ pg78). There are a number of key components which must be present in the formation of such contracts. Firstly‚ there
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Elements of Contract Contract represents the instrument to enforce promises. Not all statements amount to enforceable promises or contracts. To enforce statements there are a number of elements which courts look for and these mainly include the presence of offer‚ its communication‚ its unconditional acceptance and communication of the acceptance. Once this has taken place then the element of consideration gives the badge of enforceability to the contract and the contract is then enforceable. Offer is the
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“Freedom of contract is the bedrock of English private law” Freedom of contract is defined as the: “Right of an adult to make a legally binding mutual agreement with one or more other persons‚ without governmental interference as to what type of obligations he or she can take upon himself or herself.”[1] English law has for a while now been known as believing in freedom of contract. This means that the state has not‚ normally‚ enforced legislation which has got in the way when it comes to the
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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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