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    OBLIGATIONS & CONTRACT | Academic Year 2012-2013 | | REVIEW MATERIAL | | ATTY. KRISTOPHER A. NAVALES | | | COMMON DISTINCTIONS | RESCISSIBLE CONTRACTS | VOIDABLE CONTRACTS | UNENFORCEABLE CONTRACTS | VOID OR INEXISTENT CONTRACT | 1. As to Defect | Damage to a party or to third person | Vitiation of Consent | Without or in excess of authority‚ or does not comply with the Statute of Fraud‚ or both parties are incapacitated | Absolute or lack of essential requisite in

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    Pre-contract Stage

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    4.2 Pre-contract Stage Contractor’s Tendering Procedure • Agreement to tender • Decision to tender • Examination of tender documents • Estimating process timetable • Enquires of quotations • Method statement and tender programme • Site visit • Outstanding information resolved with consultants • Pricing process • Adjudication • Submission of tender *In pricing process: • All-in-rates for trade items or BQ • Domestic sub-contractors and suppliers • Nominated sub-contractors and

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    Agency: Contract and Agent

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    way as to be able to affect the principal ’s legal position in respect of strangers to the relationship by the making of contracts or the [sale or purchase] of property." So‚ an agent is someone who represents another‚ called the principal‚ in dealings with third persons. Agency is therefore an exception to the general rule of contract law that only the parties to a contract are bound by it. Examples: a director for his company‚ a solicitor for his client Distinguish from other situations

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    He contacts Randy explain the situation wanting to return the watches and reimburse Randy for shipping costs. Randy in turn sues to enforce the original contract. Issue: The issue is whether the Illinois UCC Statute of Frauds deems contract unenforceable because it was never reduced to writing. Law: Under UCC §2-201 (3a)‚ “A contract that does not satisfy the requirements of subsection 1‚ but which is valid in other respects is enforceable: if the goods are to be specially manufactured for

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    Contract Law cases

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    Contract  Law  Cases   The  Offer   Meeting  of  minds:     Clarke  v  Earl  of  Dunraven  and  Mount  Earl:  Yacht  races.  Letters  sent  in   Communication  (in  writing‚  speech  and  conduct):   Carlil  v  Carbolic  Smoke  Ball  Co:  pay  back  100  if  you  get  influenza.  Deposit  1000     The  Acceptance:   Strictly  in  response  to

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    Consideration in contract formation ------------------------------------------------- Top of Form Consideration is essential to the formation of any contract made without deed. It distinguishes a bargain or contract from a gift. Lush J in the case of Currie v Misa (1875) referred consideration consist of a benefit to the promisor or a detriment to the promisee as: “Some right‚ interest‚ profit or benefit accruing to one party‚ or some forbearance‚ detriment‚ loss or responsibility given‚ suffered

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    Contracts I Outline

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    CONTRACTS OUTLINE Prof. Page – Contracts I – Fall 2011 |CONSIDERATION | - A legal contract only exists when there is an exchange – whether that’s a promise for a promise‚ performance for a promise‚ etc… this is called consideration. The promises/performance have to be influencing the other party to act/promise. *i.e. the ‘fuzzy coughdrop’ rule* i. RESTATEMENT

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    Sample Marriage Contract

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    Sample Marriage Contract I. The Authority In the Name of God‚ our Father‚ and the Lord Jesus Christ‚ we‚ _____________________ and ______________________ ‚ hereby‚ before these witnesses‚ are joined in holy matrimony‚ as God intended in Genesis 2: 21-25‚ from this day forward until death. The Authority in and for this marriage shall be Almighty God as revealed in the Holy Bible‚ Authorized 1611 King James Version (“the Word of God”). His words shall be final Authority in every

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    Contract Law Consideration

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    Bibliography: * Poole J (2010) textbook on Contract Law. 10th ed . Oxford OUP * Richards P (2011) Law of Contract ‚ 10th ed. Essex. Pearson. * Poole J (2010) Casebook on Contract 10th ed‚ Oxford. OUP * www.uwl.ac.uk/lrs/elec/law.html

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    Lessee Contract

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    This Lease‚ made and entered into ________________________‚ by and between Curtis Denton Barnhill of the one part‚ hereinafter mentioned called the lessor and __________________________ of the other part‚ hereinafter called the lessee‚ both of said county and state witnessed: That the lessor‚ in consideration of the agreements and covenants hereinafter mentioned to be fulfilled by the lessee‚ both hereby demise and lease to the lessee‚ his heirs‚ executors‚ and administrators‚ for the period of

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