one who bought it. Instead‚ she sued the manufacturer‚ Stevenson‚ for negligence. Stevenson argued that he was not liable for the injuries as there were not any contracts between them.[2] d) Mrs. Donohue did not have any contracts with anyone. Stevenson did not make any offer to her‚ which meant that the first basic element of a contract between two parties‚ an offer‚ was missing. Thus‚ it also meant that between Stevenson and Donohue‚ there were none any of the rest elements which are acceptance
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Decrease in trades and other payables + provisions (inclu NCL) Cash flow statement reports amount as - 6129 This includes the $714 CSR adj that we made in calculating NPAT (which doesn’t appear in the actual reported NPAT) So this figure needs to exclude the $714 otherwise we will double counting it The amount of decrease should be -6129 + 714 = -$5415 The 714 represents a loss that would reduce decrease in the payable that is a negative cash flow and reason why we making adjustment if
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process of contract formation explaining the methods by which the courts decides whether or not the parties have reached an agreement. INTRODUCTION To establish whether the parties have formed a contract‚ the courts begin from examining the elements of offer‚ acceptance‚ whether or not there was a consideration or the bargain and the contractual intent to make a binding contract and any other external positive factors. The coincidence of offer and corresponding acceptance results in a contract. In some
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Based on the Contracts Act 1950‚ there are four ways to discharge a contract. The methods are performance‚ agreement‚ breach and frustration. Performance The general rule of performance defines that the performance must be strictly in accordance with the terms of the contract unless the parties have agreed otherwise. A promisor must be prepared to carry out his obligation at the time and place at which he has agreed to do so. Agreement A contract can be discharge by consent‚ under Section
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Question 1 “Australia’s legal system is based on the English legal system.” To what extent is this statement correct? Discuss. [10 marks] Word limit = 750 Question 2 Discuss the importance of the case of Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130 [20 marks] Word limit = 1000 Question 3 Simon owns two motor cars. Both cars are the same make and model. Both cars are black. However one of the cars has had its motor replaced with a diesel motor rather than
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The respondent is unable to justify the violations of Section 8 and 10 of the canadian charter of rights and freedoms (charter) with regards to section 24 (2) of the charter. Section 24 (2) states that where in proceedings under section (1)‚ a court concludes that evidence was obtained in a manner that did not infringe or deny any rights of freedoms guaranteed by the charter‚ the evidence shall not be excluded if it is established that‚ having regard to all the circumstances‚ the admission of it
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THE CONSTITUTION OF ZIMBABWE UPHOLDS THE FUNDAMENTAL RIGHT TO CONTRACT BY OUSTING CRIMINAL PROSECUTION THAT ARISES FROM CONTRACTUAL OBLIGATION. DISCUSS. A contract can be defined as an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. The existence of a contract requires an offer; an acceptance of that offer which results in a meeting of the minds; a promise to perform; a valuable
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CHAPTER 2: EFFECTS DOCTRINE UNDER EU‚ US AND INDIAN LAWS. Under the Effects Doctrine‚ a State may assume jurisdiction when an act is committed in another State‚ by citizens or companies of other states‚ has effects in the former. This was accepted by the Permanent Court of International Justice in the S.S.Lotus case. Back in 1909‚ in the case of American Banana Co. v. United Fruit Co.‚ all the acts complained of were committed outside the territory of the United States‚ including the defendant’s
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3. Contract Law “Is My Agreement an Enforceable Contract?” The Law of Contract involves answering 4 questions: (1) Is my agreement an enforceable contract? Are all of the elements of a contract present. (2) If so‚ what does it require me (and the other party) to do? - What “promises” have become terms of the contract. (3) Can I get out of it (without paying some form of penalty)? - Was the formation of the contract defective in some way (ie were there any ‘vitiating elements’ present)
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Critically evaluate the extent the doctrine of the separation of powers underpin the Basic Law. ---------------------------------------------------------------------------------------------------- INTRODUCTION According to Wesley Smith‚ “The doctrine of separation of powers is a general technique for limiting the ability of government officials to wield excessive powers to the detriment of citizens’ rights. The three types of power (the legislative‚ executive and judicial) should be distributed
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