LAW 203 – LAW OF CONRACT 1 ASSIGNMENT 2 STUDENT ID: S120343 LECTURER/TUTOR: MR HUMPHREY MARAU NUMBER OF WORDS: 2284 Contract law is a body of law that governs oral and written agreements associated with exchange of goods and services‚ money‚ and properties. Not only does contract law set out the rules and guidelines of how to form a contract but also teaches us how the parties to a contract are to fulfil it and what may happen when the terms of a contract are not fulfilled. The background
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Part 1 A contract is an agreement between two or more parties‚ which can be legally enforceable. A contract maybe written or oral‚ although an oral agreement can be difficult to prove in court. In order for a contract to exist it must include four elements‚ that being offer‚ acceptance‚ intention and consideration. (Sweeney & O’Reilly 2007 pg 160). A contract only exists when an offer has been accepted‚ an offer has the intention to be legally binding and the willingness to contract on certain conditions
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BUSINESS LAW. I SEM MBA ONE MRKS QUESTIONS: 1. What is void agreement Void means having no legal value and agreement means Arrangement‚ promise or contract made with somebody. So void agreement means an agreement that has no legal value. “An agreement not enforceable by law is said to be void”. [Sec 2(g)] A void agreement has no legal effect. An agreement which does not satisfy the essential elements of contract is void. Void contract confers no rights on any person and creates no obligation
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Law of Agency – the Contracts Act 1950 Great Northern Railway Co v Swaffield states that where impossible to get principal’s instructions‚ the agent’s action is necessary to prevent loss and the agent has acted in good faith‚ an agency of necessity arises. The Contracts Act 1950 states that an agent has to obey principal’s instructions. The Contracts Act 1950 states that an agent has to be careful‚ diligent and use any skill that he may
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consideration. Promissory estoppel like proprietary estoppel is popular types of equitable estoppel. The importance of equitable estoppel was stated in Crabb V. Arun DC (1976) 1 Ch 179 that “equity comes in........ to mitigate the rigours of strict law.......... it prevents a person from insisting on his strict legal rights.... when it would be inequitable for him to do so having regards to the dealings which has taken place between the parties”. An example of promissory estoppel is where A promises
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3. Contract Law “Is My Agreement an Enforceable Contract?” The Law of Contract involves answering 4 questions: (1) Is my agreement an enforceable contract? Are all of the elements of a contract present. (2) If so‚ what does it require me (and the other party) to do? - What “promises” have become terms of the contract. (3) Can I get out of it (without paying some form of penalty)? - Was the formation of the contract defective in some way (ie were there any ‘vitiating elements’ present)
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contract but do not appear to be a relevant issue here. While it is possible for offers to be "made to the world”1‚ K ’s advertisement is an "invitation to treat"2. It cannot be construed as an offer as it shows no intention on K ’s part to be bound to its terms‚ in contrast to the wording of the advertisement in Carlill v Carbolic Smoke Ba// Co3. Thus A ’s letter to K dated 21 April is the first possibility of an offer. However the terms of this letter are too vague to be construed as an offer
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Topic 3: Breach in contract 1) Breach of contract: Spanish Contract Law provides a broad notion of breach of contract for any behavior that departs from the specified behavior in the contract in any way (time‚ quality‚ substance‚ etc.) or is not specially justified on legal grounds (actions forbidden by the government are not breaches since they are justified on a legal ground). The general benchmark to determine breach is the contract agreed by the parties themselves‚ and not external notions
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Question 1 “Australia’s legal system is based on the English legal system.” To what extent is this statement correct? Discuss. [10 marks] Word limit = 750 Question 2 Discuss the importance of the case of Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130 [20 marks] Word limit = 1000 Question 3 Simon owns two motor cars. Both cars are the same make and model. Both cars are black. However one of the cars has had its motor replaced with a diesel motor rather than
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Limited Head Office‚ Dhaka. THE CONTRACT ACT‚ 1872 Md. Hasan Imam Manager Board Division Introduction: The law of contract is the foundation upon which the superstructure of modern business is built. It is frequent that in business transactions quite often promises are made at one time and the performance follows later. The law of contract is applicable not only in business community‚ but also to others. Everyone of us enters into a number of contracts almost everyday‚ and most of the
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