DeVry University Business Law Week 5 Assignments June 4‚ 2013 What is a contract? A contract is a formal agreement with two parties that need to come to a conclusion‚ dealing with any situation. What is fraud? Fraud is when you give false information on any documents. There are all sorts of different forms when it comes to discovering about a contract dealing with sales. There are codes that must be followed‚ in order for the contract to be valid and not have any future
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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. Introduction to Indian Contract Act Definition of a Contract :- Sec. 2(h) of the Act defines the term contract as "An agreement enforceable by law is a contract”. Flow of the definition :- Contract Agreement
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Principles of Contract The law of contracts touches equally upon the lives of ordinary persons and the activities of small and big business. This branch of law deals with law relating to promises‚ their formation‚ performance and enforceability. It is scattered over several legislations. There are special legislations dealing with particular contractual relationships‚ e.g. The Sale of Goods Act‚ 1930‚ The Partnership Act‚ 1932. This paper will include a study of general principles of contracts spelt out
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CONTENTS PAGE SECTION CONTENTS PAGE A QUOTATION CONDITIONS OF CONTRACT 3 B REQUIREMENT SPECIFICATIONS 6 C EVALUATION CRITERIA 7 D COMPLIANCE TABLE 8 E SCHEDULE OF PRICES OF SUPPLIER’S OFFER 9 ANNEX 1 PAST CONTRACTS 10 SECTION A QUOTATION CONDITIONS OF CONTRACT Suppliers to note that should your offer be accepted‚ the Terms and Conditions as set out in this
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Breach of Sales Contract Performance and Breach of Sales Contract Quynh Nguyen Upper Iowa University BA 302: Business Law Instructor: Paul Croushore Jun 3‚ 2009 Sales Contract: A sale occurs when there is an exchange of goods or other property from the seller to the buyer for money. In order to create in each party a duty to do or not to do something and a right to performance of the other’s duty or a remedy for the breach of the other’s duty‚ we need to set up a contract. Obligations
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two parties to make a contract. Improperly consensus is when a contract has been obtained in a manner in which in the eyes of the law is improper. This contract is regarded as voidable meaning that one of the parties who is innocent has a choice whether or not to have the contract declared void. If the innocent party chooses to uphold the contract it is entirely valid and may be enforced like any other contract. However if the party chooses to set the contract aside the contract is valid. The distinction
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Genuine Consent For contract to valid ‚ both party must genuinely consent ‚ or agree to the contract 1. Unconscionability 2.Duress 3.Undue Influence 4.Mistake 5.Actionable Misrepresentation * Unconscionaboility ( extremely unfair ): Both pt need to have equal power BUT Only 1 pt has superior bargaining power . The other pt has special disability and pt enter to the one-sided ‚ take it or leave it ‚ unfair -- the court decide the contract was unconscionable ( unfair) ++ Special disability
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Contracts IS THERE A VALID CONTRACT 1) Was a Contract Formed? 2) Is the Contract Validly Enforceable? 1. Offer 2. Acceptance 3. Consideration 4. In Writing Contract is Void Contract is Voidable Making an Offer Methods of Acceptance Rule: Must have bargained for exchange. may be an exchange of promises. Illusory: only one party is bound to perform. Past Consideration: not consideration‚ But may= implied in fact K. EXCEPTION: Promissory Estoppel (reasonably relied to
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Proprietary versus Contract Security Tracy R. Williams SEC/320 September 18‚ 2012 Mr. Ted Zalewski Security Many types of security are in existents today‚ site or mobile patrol; loss prevention functions; special events security; in-house security functions and private investigations are some of the tasks. Choosing the right one for the needs of any establishment should be one of the ultimate goals of the business. This paper will focus on proprietary and contract security in particular
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At any point between the signature of the contract and the final payment for the goods. 7. How many kinds of delay in delivery? • Excusable delay • Non- excusable delay 8. What events does delivery date trigger? • -Exporter fulfills duties under the contract. • Payment may become due. • Risk and title pass to the buyer. 9. How to fix delivery date? To use a straightforward calendar date. 10. When is a contract binding? After the signature date.
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