LAW ON OBLIGATIONS AND CONTRACTS* I. Introduction A. Law - from the Latin word “lex” which is derived from the verb “Ligare” meaning “to bind” - a rule of conduct‚ just and obligatory promulgated by legitimate authority for the common observance and benefit (as defined by Sanchez Roman‚ a Spanish Civilist) B. Sources of Law 1. Legislative- Congress 2. Constitution- supreme law of the land 3. Administrative or Executive Orders‚ Regulations and Rulings-
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international contract is a contract that has a foreign element‚ that is to say that the contract is in contact with one or more order (s) legal (s) abroad (s). Specifically‚ the foreign element may be resident abroad‚ a party to the contract‚ nationality‚ place of contract conclusion‚ and many other possibilities. The commercial contract is a contract for a commercial transaction or a contract made by a trader for the purposes of his trade. Therefore an international commercial contract is the addition
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CHAPTER 11 NATURE AND CLASSES OF CONTRACTS CHAPTER OUTLINE A. NATURE OF CONTRACTS 1. DEFINITION OF A CONTRACT general rule. A contract is a legally binding agreement. Stated another way‚ "a contract is a promise or a set of promises for the breach of which the law gives a remedy‚ or the performance of which the law in some way recognizes as a duty." (Restatement‚ Contracts‚ 2d) study hint. The essence of a contract is that (1) by mutual agreement (2) parties create obligations
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ability to achieve its goals. The employment relationship is arguably one of the more significant relationships that occur in an organisation particularly the psycho-social component. Critically evaluate the so called theory of the the psychological contract‚ does it provide a valid‚ reliable and predictable explanation that may contribute to an understanding of the organisational success and failure? | | Date | 4/24/2013 | | University of Hertfordshire‚ Business school. Department
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Contracts Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class‚ I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach
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1) Tender of performance is another term for completion of performance. Answer: FALSE Diff: 1 Topic: Substantial Performance: Minor Breach 2) Substantial performance constitutes a minor breach of the contract. Answer: TRUE Diff: 2 Topic: Substantial Performance: Minor Breach 3) When there is substantial performance of a contract with a minor breach‚ the other nonbreaching party may sue to recover the cost to repair the defect. Answer: TRUE Diff: 1 Topic: Substantial Performance:
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. Contract duties are obligations imposed by law. False 2. Contract law reduces the cost of economic transactions. true 3. A quasi-contract is not a contract‚ but a fiction created by the courts to prevent injustice. true 4. An agreement that is illegal is void. True 5. A contract need not be in writing to be enforceable. False 6. Specific performance is a limited remedy as it is only available for breach of contract to sell a unique item. True 7. A _____ is a promise or a set of promises
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"all the world"‚ in which case the offeree is regarded as a member of the general public: Carlill v Carbolic Smoke Ball When an offer is made‚ the term of the proposed contract must be communicated to the offeree: Thornton v Shoe Lane Parking However‚ an offer can be made in general terms‚ leaving the precise terms of the contract to be settled later: Master v Cameron The fact that the word ’offer’ is used is not itself conclusive: B Seppelt & Sons Ltd v Commissioner for Main Roads An offer
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Part 1 THE FORMATION OF A CONTRACT There are five basic requirements that need to be satisfied in order to make a contract: ● An agreement between the parties (which is usually shown by the fact that one has made an offer and the other has accepted it). ● An intention to be legally bound by that agreement (often called intent to create legal relations). ● Certainty as to the terms of the agreement. ● Capacity to contract. ● Consideration provided by each of the
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4. NOTES 4.1. THE ESSENTIALS OF A VALID CONTRACT A. ESSENTIAL No 1 The Parties Must Act Within Their Contractual Capacity What is contractual capacity? We view it in relation to the concepts of personality and legal status: PERSONALITY – determines that you are a legal entity or persona. As a result of this personality you acquire legal status ie your legal status defines that legal personality further. STATUS then describes your legal “condition” eg a married woman‚ A public
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