of a valid contract‚ explain what the objective theory of contracts is and define and explain how the objective theory of contracts applies to the Unit 3 IP. This paper will also explain why I think the court held that there was not a valid contract in the scenario of the unit 3 IP as well as explain why advertisements are generally considered not to be valid offers. The four elements of a valid contract are: * There must be an agreement in all vital conditions of the contract. * There
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Sean Coutorie GOVT 2301 June 25‚ 2013 Skipworth Coconut Wars The “Social Contract Theory” is a theory that without the unofficial introduction of morals of right and wrong‚ we would all be living in a world worse than that our homo-erectus ancestors inhabited in such a way that there would be no “we” but just our self interest in the desire to survive. There would be no groups‚ no tools‚ and no interactions other than that of violence
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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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Rousseau: The Social Contract In Book I of the Social Contract‚ Rousseau suggests that towards a certain stage in the state of nature‚ people feel the need to bind themselves to one another. Individuals bind themselves to a larger community and form a social contract. Rousseau’s main argument in Book I is that the community that is formed by the gathering of individuals is not simply an aggregation of the interests of all the individuals that form it. It is a distinct entity –in a way‚ a distinct
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freedom to choose to enter into a contract. Under such circumstances the contract is voidable at the instance of the innocent party. Its application used to be restricted to contracts entered into as a consequence of a threat. Originally it was held that the threats to person’s goods could not amount to duress‚ but a doctrine of economic duress has now been developed by the courts. The effect of the doctrine stated that an abuse of economic power can render a contract invalid‚ following lord denning’s
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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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The existence of contract law is to prevent any sort of illegal behaviour‚ injustice and to clarify any confusion or misunderstanding amongst the offerror and the offeree. Everybody in this world is an offeree as we all purchase goods and services to meet our personal needs and if our expectations are not met‚ there is a problem which is why the contract is created for both parties to follow. However‚ if either of them fails to do so‚ then they are in breach of contract and the aggrieved party has
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The purpose of a Social Contract is to keep society in order. Ways of keeping society in order are human rights‚ the constitution‚ police departments‚ and education in which all contributes in having a progressing society. Human rights have to be protected which are the first 13 or 14 amendments that’s states people’s rights. If humans didn’t have any rights of their own we would feel enslaved due to that we have no freedom. The Constitution contains laws that every human being has to follow unless
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REMEDIES FOR BREACH OF CONTRACT Failure of buyer to take delivery Section 44 states that‚ when the seller is ready and willing to deliver the goods and requests the buyer to take delivery‚ and the buyer does not‚ within a reasonable time after such request‚ take delivery of the goods‚ he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery‚ and also for a reasonable charge for the care and custody of the goods: Provided that nothing in this section shall
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Furrow et al. (2013) noted the physician-patient relationship is primarily an implied contract because a written contract is not standard practice for delivery of health care. According to O’Connor (2010)‚ the basis for medical negligence for physicians‚ is the physician-patient relationship‚ which can become a contractual relationship if all elements of a contract are present including an offer‚ an acceptance‚ and consideration. For example‚ when a patient contacts a doctor’s office for an evaluation
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