4. NOTES 4.1. THE ESSENTIALS OF A VALID CONTRACT A. ESSENTIAL No 1 The Parties Must Act Within Their Contractual Capacity What is contractual capacity? We view it in relation to the concepts of personality and legal status: PERSONALITY – determines that you are a legal entity or persona. As a result of this personality you acquire legal status ie your legal status defines that legal personality further. STATUS then describes your legal “condition” eg a married woman‚ A public
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Importance of essential elements required for formation of valid contract The contract law is a situation where law is related to business transactions. In the situations good are purchased‚ sold‚ as well as moved through the contract. The employees are hired‚ land are developed‚ sold‚ bought leased or financed under the contract. Most of the businesses are based under contracts. Generally‚ the contracts represent foundation of the most of the commercial activities and therefore contract law stands for one
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Question 1 A Sydney tramway passenger was injured in a collision with another tram‚ which occurred after the driver collapsed at the controls. The plaintiff argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as `dead man’s handle’‚ a system in use on Sydney’s trains. According to my findings‚ Dead Man’s Handle refers to an old train device: the dead man’s handle. It was typically some form of switch that the driver would keep
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Are western management concepts like HRD applicable worldwide essay In today’s globalizing world the transformation of some local phenomena into global ones is a natural and unavoidable process. An example for such transformation is the way some management concepts from the western countries can be applied in totally different parts of the world. The applicability of management
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Table of Contents Introduction 1 Contracts in Restraint of Trade 1 Case 1: Wrigglesworth v. Wilson Anthony 4 Case 2: Svenson Hair Center Sdn Bhd v. Irene Chin Zee Ling 6 Case 3: Shanghai Hall Ltd v. Town House Hotel Ltd 8 Case 4: Polygram Records Sdn Bhd v. Hillary Ang & Ors & Anor 10 Case 5: Pertama Cabaret Nite Club Sdn. Bhd. v. Roman Tam 12 Case 6: Nagadevan Mahalingam v. Millennium Medicare Services 14 Case 7: Thomas Cowan & Co Ltd v. Orme 16 Case 8: Schmidt Scientific Sdn
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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 or facts of the scenario are that Credit Corp
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Recitals: (A) After the Closing‚ Aviation intends to enter into a one year contract with Roundhead Industries Corp. (“Roundhead”) to provide charter services for its executives. Aviation cannot enter the contract with Roundhead until the consummation of the transactions contemplated by this Agreement as Roundhead will not enter the contract until Aviation has full ownership of the Aircraft. The offer to enter the contract will expire on January 13‚ 2012 at 5:00 pm ET.1 Accordingly the parties agree:
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3.3 Contractual Duties: Breach The agreement also was premised one of the main issues regarding the relationship between banks and its potential customers. In such circumstances it is well-known that a number of statutory procurements has been established in order to ensure premium shopper with an exact termination purpose and in regards to the inequalities of the bartering power of the banks. Moreover‚ this statutory procurements are able to save any kind of injurious tern might influence the enthusiasm
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Aspects of Contract and Negligence for Business Y/601/0563 15 4 Writer of the brief: Internal Verifier name: Mr Alfred Dr. Keith Learning outcomes and criteria covered by this assignment: All pass criteria All merit descriptors All distinction descriptors Key dates: Assignment distribution date to learners: Assignment/Portfolio submission date for TASK 1 & 2: Assignment/Portfolio submission date for TASK 3 & 4: Assignment/Portfolio returns date to learners (if applicable): 13 May
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Contract A contract is a promise between two or more persons involving the exchange of some good or service. Some of the basic elements of a contract include: an offer and an acceptance; "capacity‚" or being of legal age and sound competence; "mutual assent‚" or agreement on the terms of a contract; and "consideration‚" or compensation for goods or services rendered. The element that distinguishes a contract from an informal agreements is that it is legally binding:the law provides
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