Contract law A contract is an agreement between two or more parties‚ with the intention of creating a legal obligation‚ which may have elements in writing. And it can be made orally.This agreement creates a legal relationship of rights and duties on the parties and if these obligations in the agreement are not fulfilled then serious action could be taken by the courts on the party. There are three key elements for the conception of a contract. These are offer‚ acceptance‚ consideration and an intention
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Assignment Total Words : 1051 Name : Zi Lin ( Emilie ) Student Number : 706479 Teacher’s Name : Jonathan Bowlby Group : 4 Case1 Issue Does XZA Bank Pty Ltd have legal right to sell Ji’s house based on the loan contract he signed? Rules The case of Commercial Bank of Australia v Amadio[1] and Blomley v Ryan[2] demonstrate the bank’s conduct were unconscionable. The court look at 3 main elements to determining whether to activate the doctrine of unconscionability
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Chapter 7 the terms of the contract 1. When contract is made orally‚ not all oral statement will amount to a term some are just ‘mere puffs’. These statements will never provide any form of remedy. 2. Mere puff只是单纯的吹嘘，是一种statement of opinion‚ 不构成任何的representation或term 3. 三种不同的terms：conditions‚ warranties‚ and innominate terms * CONDITIONS: important terms form the main structure of the contract. If breach‚ repudiate the contract and claim the damage * WARRANTIES: minor terms ancillary(辅助)
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[pic] UNIVERSITI TEKNOLOGI MARA DEPARTMENT OF LAW TEST 1 COURSE : BUSINESS LAW COURSE CODE : LAW 416 DATE : 17 OCTOBER 2012 (WEDNESDAY) TIME : 1 ½ HOURS INSTRUCTIONS TO CANDIDATES 1. This question paper consists of THREE QUESTIONS: Answer TWO (2) questions only (1 Question x 25 Marks = 25 Marks) 2. Do not bring any notes or reading material into the test hall. If you have ‘accidentally’ done so‚ please surrender the materials
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Business Law 304 Case Study case brief---Gregory‚ a comedy writer‚ entered into a contract with Wessel‚ a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour‚ Gregory informed him that he was unable to provide the monologue‚ because last time Wessel
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Agency‚ with special focus on the liabilities involved between the parties. The Law of Agency: General Concepts Agency Laws comes under the purview of Commercial Law. The Indian Contract Act 1872‚ Section 182 defines an Agent as “a person employed to do any act for another or to represent another in dealings with third persons”. The other person to whom the agent is employed to is said to be the Principal. The law of agency helps form the different contractual‚ quasi-contractual relationships
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1.0 INTRODUCTION All people do not have the same legal capacity to make contract. In some case the legal capacity of the person has no relation to the individual’s actual ability. A person who is 17 years old for example‚ may have just as much to make a contract as an older person. Nevertheless a17 years old are ordinarily under a legal incapacity. In other cases such as those involving insane persons‚ the legal incapacity is based upon the inability to understand the consequences of the particular
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Question 1 The issue of this question is whether Scott and Kyle can bring legal action against Wayne for what they feel is a breach of contract. Under the law governing offer and acceptance‚ a valid offer has been made through an advertisement. In order for an offer to be accepted‚ the party must entirely accept the offer. The rules governing acceptance has to be positive not passive. Silence does not forms acceptance. The general rule of acceptance is that the acceptance must be received by
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Issue: The issue in this problem have 4 problems. This is whether or not there is fraudulent misrepresentation. And whether or not there is the legal contract. At the same time‚ whether or not the oral evidence rule it included. And it have whether or not the consumer guarantee. Rule- Fraudulent misrepresentation Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false. According to Andy and Douglas1 .An action for fraudulent
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WHEN DOES AN AGREEMENT BECOME A CONTRACT? (1) There must be some consideration for it According to Section-2(d) of the Indian Contract Act‚ 1872 “When‚ at the desire of the promisor‚ the promisee or any other person has done or abstained from doing‚ or does or abstains from doing‚ or promises to do or to abstain from doing‚ something‚ such act or abstinence or promise is called a consideration for the promise.” According to Section-25 “Agreement without consideration‚ void‚ unless it is in writing
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