Contract A promise the law will enforce. Judicial Restraint The court takes a passive role and enforces what is already written in the contract‚ no matter if one party benefits over the other party. Judicial Activism The court takes an active interest in the contents of the contract and makes decisions based on what is "fair" and "right". Four Elements of a Contract (1) Agreement- offer is made by one party and accepted by another party.(2) Consideration- bargaining (3) Legality- has to
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Business Advisory Service Legal responsibilities for business owners Advise for new business owners about: * Legal status and risk involved * Contract Law * Consumer legislation Legal Status When starting up a business‚ one should decide which legal status to choose. Each legal status has its own different responsibilities and there are some risks involved. There are three types of legal status: sole trader‚ partnership and limited companies (Ltd & Plc). * Sole
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Some principles and ideas of many cases dealing with Common Law and statues are the common idea of good faith and fair dealing‚ breach of contract or no contract and means to agreements and ruling. The common idea of good faith and fair dealing is normally used when there are technical excuses for a breach of contract or specific wording. This principle may be used in different occasions such as fraud (McClain v Octagon Plaza)‚ question of fact (Shah v Cover-it‚ Inc)‚ unfair and unjust enrichment
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Foundations of South African Law- RDL 1003/6W Assignment 1- Case Summary- Du Toit v Loriet 1918 OPD 99 Facts: The Plaintiff “Du Toit” entered into a contract to lease his agricultural land for two years‚ starting on the 15th of July 1918 with the option of sale with the defendant “Lotriet”. The plaintiff was a minor at the time the contract was entered into in June 1916 and yet the contract was only going to commence after the plaintiff had reached majority. The plaintiffs farther (the guardian)
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Landlord-tenant law combines three areas of law; 1.) property law 2.) contract law and 3.) negligence law. Landlord-tenant law combines three areas of law; 1.) property law 2.) contract law and 3.) negligence law. Colleges nation wide have been reporting strong surges in enrollment largely due to baby boomers returning to school. Baby boomers are Americans born between 1946 and 1964. Soldiers returning from WWII caused a rise in the birth rate of the United States‚ creating a "boom"
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Jacques Michael le Roux 56066481 LPL 4802 – Law of Damages Unique number: 555192 Contents Introduction Contractual Agreements Breach of Contract General Principles Concerning Claims for Contractual Damages Who can Claim and Quantification Where Alberton Motors decide to uphold the contract Where Alberton Motors decide to cancel the contract and the date for performance is set Conclusion 1. 1. Introduction Parties are bound to a contract to honour their agreement and fulfil all the
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Business Law II Title: Comparison of Uniform Commercial Code and Malaysia Sales of Goods Act 1957 Spring Semester‚ 2013 Submission date: 28th March‚ 2013 Michele Ch’ng Chiau Woon SCSJ-0007016 Table of Contents Abstract 3 Introduction 4 Uniform Commercial Code (UCC) 4 Sale of Goods Act (1957) 5 Comparison of Uniform Commercial Code and Sales of Goods Act 1957 6 Open Price Terms 6 Implied Warranty: Fitness‚ Quality or Purpose 7 Acceptance of Goods 10
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Semester 2 2014 Fundamentals of Law: Contracts Assignment Name: Student ID: Table of Contents 1.0 Case 4 2.0 Questions 4 3.0 Memorandum 5 4.0 Reference 9 1.0 Case Semester Two 2014 Bea‚ an amateur art collector‚ read the following ad in the paper: “Steven’s Art and Antiques – The Finest in Collectibles – Internationally Recognised Artists!” Bea went to Steven’s store and spotted a large painting signed with the name “Master”. Bea asked Steven‚ “Is this an original
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The purpose of this paper is to reflect the comprehensive understanding on the elements of the contract along with its principles of the contract law. The paper is also revolving around the level at which the law has influenced the given case of James and Robert while providing the appropriate solution for both Robert and James. Summary of Case of Purchasing Classic Porsche The case is revolving around the James‚ who is the owner of a Porsche 911 of 1980 car willing to sale and Robert a potential
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Legal Issues Question One- (319 words) The contract at the centre of Bridgewater v Leahy [1998] HCA 66 is a deed of forgiveness of debt‚ in relation to the transfer of land. The parties to this contract were Neil York‚ who bought the interest in the land‚ and Bill York who sold the interest‚ and forgave the debt. The contract was entered into on 19th July 1988‚ with the terms being that Bill would transfer his interests in the Wonga Park fee simple‚ the Wonga Park perpetual lease selection
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