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 company
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Employment Agreement (Sample) THIS AGREEMENT made as of the ______day of__________________‚ 20__ ‚ between [name of employer] a corporation incorporated under the laws of the Province of Ontario‚ and having its principal place of business at _______________________(the "Employer"); and [name of employee]‚ of the City of ____________________in the Province of Ontario (the "Employee"). WHEREAS the Employer desires to obtain the benefit of the services of the Employee‚ and the Employee desires to render
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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 ____________________. The following describe the land and premises‚ 2943 Audrey Drive‚ Gastonia‚ 28054. The total rent during said terms shall be $____________‚ lessee agrees to pay in ____ payments of $____________ on the first day of each month. The
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Contract Cancellation due to a Breach of Contract Submitted by Victoria Wyatt Prepared for Dr. Maverick Acquisition Law Spring 07 18 May 2007 CERTIFICATE OF AUTHORSHIP: I certify that I am the author. I have cited all sources from which I used data‚ ideas‚ or words‚ either quoted directly or paraphrased. I also certify that this paper was prepared by me specifically for this course. ______________________________________________ Signature Date Overview
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What is a contract? A business contract is a legally binding agreement between two or more parties to do or not to do certain things. For example‚ a business contract could be for the sale of goods or supply of services at a certain price. There are many different types of contracts including: the sale and purchase of a business agreement; partnership agreements; leases of business premises; leases of plant and equipment; and employment agreements. The process for creating a contract generally
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WRITTEN CONTRACTS 1 Written Contracts Javier Garza Grantham University WRITTEN CONTRACTS 2 Written Contracts Paula orally agrees to work with Next Corporation in New York City for two years. Paula moves her family and begins work. Three months later‚ Paula is fired for no stated cause. She sues for reinstatement or pay. Next Corporation argues that there is no written contract between them. What will the court say? Oral contracts are as
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Journal of Organizational Behavior J. Organiz. Behav. 24‚ 537–559 (2003) Published online in Wiley InterScience (www.interscience.wiley.com). DOI: 10.1002/job.205 Psychological contract development during organizational socialization: adaptation to reality and the role of reciprocity ´ ANS DE VOS1*‚ DIRK BUYENS2 AND RENE SCHALK3 1 Vlerick Leuven Gent Management School‚ Gent‚ Belgium Vlerick Leuven Gent Management School and Ghent University‚ Faculty of Economics and Business Administration
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DURESS 1. Generally If one party pressures the contractual consent of another by duress the contract is voidable by that other party (See Also s 52A TPA and s 39 FTA). The common law has long recognised that duress‚ in the form of coercion of the plaintiff’s will through illegitimate pressure or threats to the plaintiff’s interests‚ render a contract voidable (Barton v Armstrong). Traditionally‚ the common law concept of duress was limited to actual or threatened violence to the person of
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working week. The second new element is the « contract » between the newcomers in the market‚ that is to say the young people and the old ones. Indeed while being still at school in apprenticeship‚ the young generation of future workers would be offered the possibitlity to get into the world of labour step by step until reaching the final stage which would be a full-employment within volkswagen. Nonetheless‚ they will have the conditions of the part time work. Whereas‚ the situation is
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In Malaysia‚ our contract law is basically governed and enforced by the Contract Act 1950. The remedy of specific performance presupposes the existence of a valid contract between the parties to the controversy. The terms of the contract must be definite and certain. This is significant because equity cannot be expected to enforce either an invalid contract or one that is so vague in its terms that equity cannot determine exactly what it must order each party to perform. It would be unjust for a
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