Acceptance 3 2.2 Consideration 4 2.3 Discharge of contract 5 2.3.1 Discharge by Breach 5 2.3.2 Discharge by Performance 5 2.4 Remedies 6 2.4.1 Unliquidated Remedies 6 2.4.2 Injunction Remedies 6 2.5 Intention to Create Legal Relations 7 2.6 Free Consent 8 3.0 Conclusion……………………………………………………………………...9 4.0 References…………………………………………………………………….10 1.0 Introduction Contract is a customary of procedures guiding the relationship‚
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Week 7 Breach of the Duty of Care Negligence Duty of care Established or novel duty? Is it a non-delegable duty? What is the scope of the duty? Breach of duty What is the relevant standard of care? Has the standard been breached? Damage Is it recognized by law? Was the breach a necessary condition of the harm? Is the harm within the scope of the defendant’s liability? Breach of Duty The fault part of the negligence action An act or omission of the defendant A failure to act as a reasonable person
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DISCHARGE Written by Mardi Szantyr Discharge of a contract refers to the way in which it comes to an end. Contracts can come to an end in the following ways: 1. by performance 2. by agreement 3. by frustration 4. by breach Each one of these methods of discharge will be considered. Discharge by performance The contract comes to an end when both parties perform their contractual obligations. Performance must substantially correspond with what the parties agreed allowing for minor
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Contracts Review Common law majority Rule UCC Article 1 & 2 (transaction in goods)- usually same as majority common law except in a few areas Significant minority rules- will be on test and are there to fool you. DO NOT CHOOSE! 34 Contracts MCQ * 60% Offer and Acceptance (6-8 Qs)‚ Conditions (6-8Qs) and Remedies- UCC and Common law (6-8 Qs) * 40% - 1-2Qs on the following areas * Consideration * 3rd party beneficiaries * Assignments and delegations * Statute
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of 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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LAW OF CONTRACT NOTES INTRODUCTION. A contract is an agreement between two parties which is enforceable by law.An agreement is made when a person signifies his willingness to do or to abstain from doing anything with a view of obtaining the assent of the other party. Such act or abstinence is said to make a proposal.The person making the proposal is called the offeror and the person accepting the proposal is called the offeree TYPES OF CONTRACTS: Contracts may be classified into: -Written
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Part I: Description In January of 2007 the parent company of TJMaxx and Marshalls known as TJX reported an IT security breach. The intrusion involved the portion of its network that handles credit card‚ debit card‚ check‚ and merchandise return functions. Facts slowly began to emerge that roughly 94 million customers’ credit card numbers were stolen from TJMaxx and Marshalls throughout 2006. It was believed that hackers sat in the parking lots and infiltrated TJX using their wireless network
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Case Name: Security at TJX Problem Statement How should the new CIO of TJX work to strengthen security around the IT infrastructure to prevent‚ detect‚ and analyze security breaches that had previously allowed hackers to steal sensitive data? Background 1 Describe the company/department 1 History 1 Founded in 1976 2 Operate 8 business under TJX 1 TJ Maxx 2 Marshalls 3 HomeGoods 4 A.J Wright 5 Bob’s Stores 6 Winners 7 Home Sense 8 TK Maxx
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Technology has made many lives easier‚ but with this ease‚ comes with many risks. People are becoming savvier about how to break into computer systems and access personal information. For many people‚ this is considered a breach of security. According to wisegeek.com‚ a security breach is “an incursion into a computer or network of computers‚ usually by hackers or malicious software that compromises sensitive data or causes damage to computers or network function.”1 Most of the time these so-called “computer
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A contract intends to formalize an agreement of two or more parties‚ in relation to a particular subject. Contracts can cover an extremely broad range of matters including the sale of goods or real property‚ the terms of employment or of an independent contractor relationship‚ the settlement of a dispute and ownership of intellectual property developed as part of work for hire. Essential Elements of a Contract * Clear certain and communicated agreement. Meaning that the parties are consensus
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