Asif Tufal Contract-Law-page CASES ON FORMATION OF A CONTRACT OFFER Payne v Cave (1789) The defendant made the highest bid for the plaintiff’s goods at an auction sale‚ but he withdrew his bid before the fall of the auctioneer’s hammer. It was held that the defendant was not bound to purchase the goods. His bid amounted to an offer which he was entitled to withdraw at any time before the auctioneer signified acceptance by knocking down the hammer. Note: The common law rule laid down in
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Section 1: Possible Learning Topics For my learning topics I have decided to learn about Time Management and Working Relations and Communication. I have identified Time Management because in my role as an Employment Advisor I have targets of helping clients in to sustainable employment and in order to achieve these targets time management is essential. If I were to improve this area it would enable me to help more clients successfully into work‚ lessen my caseload‚ and increase my performance
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accepts the offer and they sign a contract to that effect. After the contract is signed‚ Teri learns of a Boston rule that all firefighters must live within the Boston city limits. Teri decides not to move and contacts Jack to let him know she won’t be moving after all. Jack sues Teri in municipal court‚ asking for specific performance in accordance with the original deal. Teri argues that‚ although specific performance is usually appropriate in land sales contract cases‚ the judge has the discretion
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Introduction A contract is defined as an agreement enforceable by law. Hence for all contracts there should have an agreement. The agreement arises by one of the parties making an offer and its acceptance by the other party. Both offer and acceptance create an agreement. In simple contract should first contain an offer made by one party to the other. What is an offer? As per Sec 2(a) of the contract act “When one person signifies to another his
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common law‚ a contract is a legally binding agreement between two or more parties that sets an exchange of promises of what each party will or will not do".(Elliott‚2011‚p.13) The contract can be unilateral and bilateral. if the oferee can accept simply by promising to perform‚ the contract is bilateral. Bilateral contract is a "promise for a promise"‚ and in order to be formed‚ is not need for consideration to be made at the time when the promises are exchanged . In a unilateral contract‚one party
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Why do they call these contracts derivatives? Where is the optionality in these contracts? Weather derivatives structures commonly used are: i) cap - a call option; ii) Floor - a put option; iii) Collar - a put and a call option‚ usually with little or no premium; iv) Swap - a derivative with a profit and loss profile of a futures contract v) Digital option - an option that pays either a predetermined amount if acertain temperature or degree day level is reached‚ or nothing at all in other
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ont Contract Paper Michael Labbe University of Phoenix Business Law HRM 531 Donna Ross January 28‚ 2013 Contract Paper Contracts regardless if they are written or verbal have the same basic components. The four components are (1) Mutual assent‚ (2) Agreement‚ (3) Exchange‚ and (4) Non-violation of public law. If the key components of a contract are met they will be enforceable in a court of law. In modern society it is more commonplace for contracts to be written so all parties
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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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Elements of a Contract Bus 670 Legal Environment Abstract In order for a contract to be valid‚ it must meet certain standards. Contracts can be formed by two parties for multiple reasons‚ but must hold up to the same standards in court to be valid. The first element of the contract is the offer. The offer is very important because it is where the contract initializes‚ and is presented to the offeree by the offeror (Mallor et al.‚ 2010‚ p. 307). The second element is acceptance. In this
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forward and futures contracts are traded on exchanges. b) Forward contracts are traded on exchanges‚ but futures contracts are not. c) Futures contracts are traded on exchanges‚ but forward contracts are not. d) Neither futures contracts nor forward contracts are traded on exchanges. 2. Which of the following is not true (circle one) a) Futures contracts nearly always last longer than forward contracts b) Futures contracts are standardized; forward
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