: Issue 1. Whether Nur Aini consent to an agreement caused by undue influence? Undue influence define under Section 16(1) of the Contract Acts where a contract is induced by undue influence if one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. Section 16(1) of the Contract Acts 1950 lay down the principal in general terms and gives the element necessary to establish undue influence where the elements are
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ASPECTS OF CONTRACT AND NEGLIGENCE OF BUSINESS Task: 1.1: Explain the importance of the essential elements required for the information of a valid contract? Offer A valid offer identifies the bargained-for exchange between the parties and creates a power of acceptance in the party to whom the offer is made. The communication by one party known as the offeror to the another party called the offeree b) Acceptance To constitute a contract‚ there must be an acceptance of the offer
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only if it does more to improve oval well-being than any other action you could have done in the circumstances” (Shafer-Landau 115). This theory is not always equitable because there is no true way to measure happiness‚ it demands selflessness at all times‚ and does not respect someone’s rights at times. Although this theory is not equitable at times‚ it does benefit a greater number of people. My first ethical decision was made on early Sunday morning as I was getting ready to go to
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Essential Elements of Contract Contract represents the instrument to enforce promises. Not all statements amount to enforceable promises or contracts. To enforce statements there are a number of elements which courts look for and these mainly include the presence of offer‚ its communication‚ its unconditional acceptance and communication of the acceptance. Once this has taken place then the element of consideration gives the badge of enforceability to the contract and the contract is then enforceable
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textbook explains fraud invalidates a contract. “The presence of fraud affects the authenticity of the innocent party’s consent to a contract. When an innocent party is fraudulently induced to enter into a contract‚ the contract usually can be avoided because she or he has not voluntarily consented to the terms. Normally‚ the innocent party can either cancel the contract and be restored to her or his original position or enforce the contract and seek damages for harms resulting from the fraud (Miller
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Introduction For parties to be bound by an agreement‚ it must first be determined if a prima facie valid and enforceable contract exists. A contract can be defined as an agreement containing promises made between two or more parties with the intention of creating certain legal rights and obligations and enforceable in a court of law [1]. For a legally binding contract to exist the following elements must be satisfied: 1. An offer must exist 2. The offer must be accepted 3
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contract law agreement: objective test of intention to agree offer must be matched by other’s acceptance requirement of certainty of agreement parties have intention to create legal relations enforce promise: consideration promise is contained in a deed promissory estoppel (claimant has relied on defendant’s promise) reliance theory: consistent with the harm principle (prevent harm on others) restitution interest
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Case Study‚ Susan v The House of Lewis Outlined below is a neutral perspective on a civil law scenario. The text will include an unbiased opinion on whether Susan had any form of contract with House of Lewis Stores LTD and a personal opinion in relation to a compensation claim. Contract law and a personal interpretation will also be discussed. The presence of a contract is only determined when a certain criteria is met‚ this is what known as the elements of a contract‚ these are as follows;
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D1 evaluate three different techniques that are used by coaches‚ to improve the performance of athletes 3) Explain 3 different techniques used by sports coaches to improve the performance of athletes? GOAL SETTING: Every successful person whether that be an artist‚ sports person or leader has set goals which have driven and directed their efforts in their quest to be the best they can be. Goal setting is an extremely powerful technique for enhancing performance so it is one of the most important
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Everyone lies about something at some point in their life. The lie could be about something big or just a simple little fib to avoid confrontation. If everyone does it‚ is it okay? A little white lie can’t hurt anyone can it? White lies are all about the liar choosing what is best to be lied about. I’m sure as a human you yourself have told many of them maybe even without realizing it‚ I know I have. A white lie I know that I’ve told is telling one of my friends that I liked their new haircut
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