for breach of contract regarding the bees and hives‚ Buyer must establish that there was a valid contract. To establish breach of contract‚ Buyer must show there was an offer and acceptance supported by consideration. Bilateral Contract One in which there are mutual promises between two parties to the contract‚ each party is both a promisor and a promise. Right and duty on each side‚ in which a promise is established on both sides. UCC or Common Law UCC governs contracts under the sale
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of a Contract “A contract is an agreement that can be enforced in court. It is formed by two or more parties who agree to perform or to refrain from performing some act now or in the future.” (pg 208) Recently I was faced with a situation regarding a contract that was not in writing and I had to explain that as long as a verbal contract contains the four essential elements of a contract it is binding. We are so accustomed to seeing contracts in writing that many people assume that a contract must
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it possible for one standard form of construction contract to meet the need of every project? Discuss by reference to at least two forms in common use in industry. | 2 | 1.0 | What is a Construction Contract? | 2 | 1.1 | Why use a standard form of contract? | 3 | 2.0 | Different forms of contract | 3 | | 2.1 PWD (Public Works Department) FORM OF AGREEMENT | 4 | | 2.2 FIDIC | 4 | 3.0 | Main differences between both forms of contract | 6 | | 3.1 Payments | 7 | | 3.2 Variation
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INTRODUCTION AND RATIONALE OF QUASI CONTRACTS:- Under the general heading of the Quasi contract there has been grouped a number of cases which have little or no affinity with contract. A simple illustration is afforded by the action to recover money paid by mistake. If the plaintiff on an erroneous interpretation of the facts‚ pays to the defendant a sum of money which he does not really owe‚ law‚ no less than justice‚ will require he defendant to restore it. But his obligation is manifestly not
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Contracts II Outline Fall 2005 Professor Jean Powers Cited to Crandall & Whaley’s Contracts‚ 4th Edition I) Damages (227) A) Introduction (227) 1) General Rule – Contract damages should put the π in as good of a position as if the contract was fulfilled. 2) No action on a contract need be present for damages to be proper. An executory contract will suffice. B) Measuring Expectation Damages (229) 1) Expectation = Expected Value + Costs – Expenses Mitigated 2) Repair Theory – Damages should
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EMPLOYMENT CONTRACTS An employment contract is made between an employer and employee where the employer agrees to offer a salary in return for the employee performing duties. The purpose of a contract of employment is to draw up rules and regulations concerning the rights‚ obligations and conditions between an employer and employee. It generally states the relationship between the two parties. Any breach of contract by any side is not acceptable by law. Contractual entitlements often include:
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There were many things I learned in this class from week one to week seven. In week one‚ I learned the concept of a social contract between the government and the people. It deals with the agreement made by both parties to regulate society. Under this contract‚ members of society agree to give up certain natural rights in exchange for security‚ comforts and order. The government is entrusted with creating an effective system for regulating conduct that are in the best interest of the people and creating
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EDP120 Assignment 1- Document Analysis Introduction The policy that will be analysed is the Western Australian Duty of Care for Students policy from the Department of Education. “Duty of care is a legal concept that has its origins in the common law. The common law is a collection of legal principles that have been established over time by the courts. The duty of care principle not only underpins‚ but to a large extent drives most school policies and practices”. (Western Australian Department
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Contract Creation and Management LAW/531 October 17‚ 2011 Contract Cron and Management The objective for the contract creation and management assignment was to review The Nature of Agency video. After watching the video‚ the assignment asks for an analysis of the issues presented in The Nature of Agency video. The video elaborates on how someone signature can cause the company a lawsuit. In the video‚ the company Quick Takes Video is facing a collection claims from Non-Linear Pro because of a
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Business Law | Contract Analysis | Westwood College | Eric Givens 2/12/2013 | Contract Analysis A contract is a legal document between two or more parties. There are several elements that are necessary in order to make a contract enforceable. The specifics of these various elements may differ from state to state‚ but all seven of the elements must be present in order for the contract to exist. As such‚ if one of these elements is missing‚ a contract can be voided and the parties
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