as “an individual who has entered or works under (or‚ where the employment has ceased‚ worked under). The ERA defines ‘contract of employment’ as “a contract of service or apprenticeship‚ whether express or implied‚ and (if expressed) orally or in writing. The variance between the two is Contracts of Service and Contracts for Service. To begin with‚ the difference a Contract of Service is‚ where an employer and an employee have a relationship that is continuous. The employer has a duty of care
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As our textbook explains fraud invalidates a contract. “The presence of fraud affects the authenticity of the innocent party’s consent to a contract. When an innocent party is fraudulently induced to enter into a contract‚ the contract usually can be avoided because she or he has not voluntarily consented to the terms. Normally‚ the innocent party can either cancel the contract and be restored to her or his original position or enforce the contract and seek damages for harms resulting from the fraud
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HOME REMEDIES FOR COUGH AND COLD My Remedy The common cold is the most common human disease globally affected both men and women. Not to mention that in the Philippines there were clinical studies and evidences that number of incidences was increasing not just in big cities but also in rural and far flung areas. In such‚ as student researcher I would like to personally identify my own basic home remedy just to alleviate crisis brought by this most common
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Formation of Contract 2 Offer ............................................................................................................... 2 Acceptance ................................................................................................... 4 Certainty ........................................................................................................5 Consideration ............................................................................................... 6
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While a murderer destroys the physical frame of the victim‚ a rapist degrades and defiles the soul of a helpless female‚" is the famous quote on this topic. Anatomy of Rape Sexual assault on women is a common phenomenon in our country. Under sexual assault comes; molestation‚ eve-teasing‚ child sex abuse‚ rape‚ marital rape‚ domestic violence. Of all these crimes‚ Rape is the most violent crime which is committed against women. According to Section 375 of the Indian Penal Code‚ Rape means an
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law of contractWeather contract between Cheff Reez and Marimar Hotel is void. Principle Offer S.2(a) when a person signifies his willingness to do or abstain from doing anything‚ with a view to obtain the assent of that other to the act of abstinence‚ he said to make a proposal. Acceptance S.2(b) when the person to whom the proposal is made signifies his assent thereto‚the proposal is said to be accepted. A proposal when accepted ‚becomes promise. S.7(b) In order to convert a proposal
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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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Contract law serves as your protection in every legal agreement you make in life. Contract law makes these agreements "enforceable"‚ which usually means that it gives the party the power to compensate and obtain money damages caused by the other party due to a breach of contract. The contract itself creates an obligation or duties to do and rules to follow by both parties if either of the party fails to follow the agreement‚ remedies can be provided by law if the contract is legal and has the essential
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relations are blurred the litigants. Evaluate the above statement. Intention to create legal relations is part of elements in contract (“Intention”‚ n.d.). Intention to create legal relations is defined as an intention to enter a legally binding agreement or contract (“Intention”‚ n.d.). Intention to create legal relations is one of the necessary elements in formation of a contract. This is because intention to create legal relations consists of readiness of a party to accept the legal sequences
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1. Article 2 of the UCC mandates that the parties to a sales contract state in specific and unambiguous language the exact terms of the contract. Otherwise‚ courts will declare the contract unenforceable. True False 2. Law of sale of goods codified in the Art.2 of the UCC is modified to accommodate current practices of the merchants. True False 3. In mixed goods-services situations‚ courts determine whether the contract is for the sale of goods by determining whether the good or
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