Six Essential Elements of an Enforceable Contract In normal everyday life contracts are utilized for various situations and reasons. Some contracts are more binding as compared to others based on the six elements of offer‚ acceptance‚ consideration‚ the parties’ capacity to contract‚ the parties’ intent to contract and the object of the contract. This paper examines the above mentioned elements using a contract existing between a customer and a phone dealer. The phone dealer dealt with used but
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A standard form contract (sometimes referred to as an adhesion contract or boilerplate contract) is a contract between two parties that does not allow for negotiation‚ i.e. take it or leave it. It is often a contract that is entered into between unequal bargaining partners‚ such as when an individual customer is given a contract by the salesperson of a multinational corporation. The customer is in no position to renegotiate the standard terms of the contract and the company ’s representative usually
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Part A For a contract‚ it is necessary to decide what the parties have agreed‚ otherwise it is not possible to know whether the parties have done what they contracted to do. However‚ not all the statements made during negotiations are contractual terms. Therefore‚ here to discuss terms of the contract. Terms of the contract According to James (2010)‚ the terms of the contract are the specific details of the agreement‚ including each party’s rights and obligations. Broadly speaking‚ there are
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Walker claimed compensation from his employer‚ claiming that they were in breach of their common-law duty of care to provide a safe working environment. He was successful in his claim on the grounds that his employer had been made aware that he was under extreme pressure at work‚ witness the initial nervous breakdown. COMPETENT STAFF Smith v Crossley Bros (1951) Current Law Year Book (1947-51) 6831 The plaintiff‚ an apprentice employed in the defendants’ apprentice training
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establishment of AIG‚ some institutional voids occurred. In 1949 when the communist party took the power in China‚ the government owned an insurance company. But this was sort of useless since almost everything was owned by the state. There is a second relevant void‚ namely the lack of training for insurance agents and as a result of this‚ a lack of educated insurance agents. This was attractive for foreign companies. Another thing could also be mentioned as a void‚ namely the total lack of connections
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KINDS OF DEFECTIVE CONTRACTS 1. Recessible Contracts 2. Voidable Contracts 3. Unenforceable Contracts 4. Void or Inexistent Contracts Rescissible (Article 1380-1389) Voidable (Article 1390-1402) Unenforceable (Article 1403-1408) Void ( Article 1409 -1422) ALL essential requisites of a contract exist. All the essential requisites of a contract exist All essential requisites exist but unenforceable due All or some of the essential requisites to non-compliance with statutory requirements
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DISCHARGE OF A CONTRACT Normally the completion of a contract is straightforward as parties carry out their tasks as required. There are four main different ways of ending a contract: a) Discharge by performance b) Discharge by agreement c) Discharge by breach d) Discharge by frustration DISCHARGE BY PERFORMANCE For this the courts expect performance to be exact and complete. This means that it must match contractual obligations RE MOORE AND LANDAUER (1921) If requiring a contract to be complete
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Kepler’s laws Tycho Brahe’s largest and most accurate collections of planetary observations helped Kepler to present the first ever natural laws First law: Two planets P1 and P2 move on separate ellipses with the Sun at a common focus. Second law: For planet P1 the line SP1 sweeps out equal area in equal intervals of time. Third law: The square of the time taken by P1 and P2 to complete their respective orbits are in proportion to the cube of their respective semi-major axes. First law indicates
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SUMMARY Indian Contract Act 1872 is the main source of law regulating contracts in Indian law. It determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties. The Indian Contract Act 1872 sections
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Learning Contract 2 Purpose of the Learning Contract 3 Uses of Learning Contracts 3 Advantages and Disadvantages of Learning Contracts 4 Advantages 4 Disadvantages 5 Designing Learning Contracts 5 Conclusions and Recommendations 6 Conclusion 6 Recommendations….. …………………………………………………...6 References 8 Abstract Learning contracts are being used in post-secondary education. Adults approach learning as problem solving and in theory by implementing learning contracts‚ the student
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