Q. What is a general offer? How is a contract created through general offer? Refer to leading cases. An offer may be made to the world at large. Such an offer is a general offer. However‚ a contract is not done with the whole world but only with the person who comes forward and accepts the offer. The acceptance might be express or implied. As per Anson‚ "An offer need not be made to an asertained person‚ but no contract can arise until it is accepted by an ascertained person". Case of Carllil
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Contract Law 1 Intention to Create Legal Relations In order for a contract to be valid there must be intention to create legal relations. Enright notes ‘the requirement of intention to create legal relations is a final doorkeeper in contract. It determines which agreements supported by consideration shall be covered by contract law and which shall merely be morally binding.’ This requirement was expressly stated for the first time in Heilbut‚ Symons & Co V Buckleton. Friel notes that important
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Tort Law Reading Notes Week 1 Mon Sep 8 Damages pp697-729 - aim of damages: restore plaintiff to position he would have been had the wrong not occurred o as this is impossible in cases of personal injury‚ monetary compensation is used o total amount is the amount that will release the target amount over the given span of years - assessment is a matter if calculation‚ not impression (SCC 1978) - 3 probs: o 1) what kinds of items must a defendant compensate
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Indian Contract Act THE INDIAN CONTRACT ACT‚ 1872 ACT No. 9 OF 1872 1 [25th April‚ 1872.] Preamble WHEREAS it is expedient to define and amend certain parts of the law relating to contracts ; It is hereby enacted as follows - PRELIMINARY 1- Short title – This Act may be called the Indian Contract Act‚ 1872. Extent‚ Commencements.-It extends to the whole of India 2*[except the State of Jammu and Kashmir]; and it shall come into force on the first day of September‚ 1872. Nothing
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Joe claims that the contract is voidable. Discuss. Answer: The issues that arise in this case are: 1) Whether there is a relationship between Johnny and Victoria? 2) Whether Victoria used her dominant position to transfer all of Johnny’s property to her? 3) Whether Joe has the right to set aside/ rescind the contract? 4) Whether this presumption can be rebutted? Every person is competent to contract who is of the age of majority according to the law to which he is subject
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was: ‘Incorporation into Contracts by Signature’ Law on the Issue L’Estrange v. Graucob [1934] 2 KB. 394 A woman signed a contract for the purchase of a cigarette vending machine without reading the contract. The contract contained an exclusion clause‚ which took away all her rights under the Sale of Goods Act. The machine proved faulty and it was held that the sellers could rely on the clause because the purchaser had signified her consent to the terms of the contract by signing it and so the
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Bibliography: Textbook · Chen-Wishart‚ Mindy‚ Contract Law‚ (Oxford 2005) · H G Beale‚ WD Bishop & M P Furmston‚ Contract Cases and Materials‚ 4th ed. (Oxford 2005) Cases · Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council [1990] · Foakes v Beer (1884) [1881-5] All ER Rep 106‚ House of Lords · Central London Property Trust
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Assignement 1 contracts Sayres v. Wheatland Group‚ L.L.C.‚ 79 Va. Cir. 504 (Va. Cir. Ct. 2009) CASE SUMMARYPROCEDURAL POSTURE: Plaintiff filed suit against defendants alleging that the contract for the construction and sale of a home that was at issue in this case was void‚ invalid‚ and unenforceable. Plaintiff also alleged that he was entitled to rescission and cancellation of the same contract. Defendants filed a counterclaim for specific performance of the contract of sale. Plaintiff moved
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An exclusion clause is a term in a contract purporting to exclude or restrict the liability of one or more parties to the contract for breach of obligation . Exclusion clauses are controlled by common law and statute. The Unfair Contract Terms Act 1977 (UCTA 1977) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999) confine the extent to which an individual can exclude or limit his business liability towards consumers. The Office of Fair Trading runs an unfair terms unit which
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Contract Law Essay Introduction The case‚ as set out‚ concerns two companies‚ Smart Co (hereinafter S Co) and Bright Co (hereinafter B Co). S Co needs to be advised as to whether it can claim compensation under the breach of the contract‚ which can exceed the 50£ limitation‚ which limitation is included in the contract under a clause. In simple words the validity and therefore the effectiveness of the limitation clause is to be considered under the Unfair Contract Terms Act 1977 . For the
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