"all the world"‚ in which case the offeree is regarded as a member of the general public: Carlill v Carbolic Smoke Ball When an offer is made‚ the term of the proposed contract must be communicated to the offeree: Thornton v Shoe Lane Parking However‚ an offer can be made in general terms‚ leaving the precise terms of the contract to be settled later: Master v Cameron The fact that the word ’offer’ is used is not itself conclusive: B Seppelt & Sons Ltd v Commissioner for Main Roads An offer
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1. Introduction – What is a Contract? 1.1 Definitions Not all agreements will be contract enforceable in law - social arrangements‚ for example‚ or contracts which offend against public decency and public policy and those which involve criminal activity. ‘A contract is an agreement giving rise to obligations which are enforced or recognised by law. The factor which distinguishes contractual from other legal obligations is that they are based on the agreement of the contracting parties.’ Treitel
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For parties to be bound by an agreement‚ it must first be determined if a prima facie valid and enforceable contract exists. A contract can be defined as an agreement containing promises made between two or more parties with the intention of creating certain legal rights and obligations and enforceable in a court of law [1]. For a legally binding contract to exist the following elements must be satisfied: 1. An offer must exist 2. The offer must be accepted 3. Consideration must
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Essentialia The contract of employment is an agreement between two parties in terms of which one party (Mr. Phage) places his labour potential at the disposal and under the control of the other party (Lifeline services)‚ in exchange for some form of remuneration. From this definition‚ it is clear that the essentialia of a contract of employment are 1. Work and 2. Remuneration. This contract does not meet the requirement for work because even though an ambiguous job title of ‘General Worker’
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Week 1 – Welcome / Introduction to Law I. 1. 2. 3. 4. Introduction to Law Not Not Not Not Divine Law‚ law of religion and faith Natural Law‚ justice‚ fairness and righteousness Moral Law‚ norms of good and right conduct Physical Law‚ order or regularity in nature Sources of Law i) i) Constitution – Fundamental Law of the land ii) ii) Legislations – Passed by Senate and House of Representatives iii) iii) Administrative issuances – Quasi Legislative Functions iv) iv) Jurisprudence – Decisions of the
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------------------------------------------------- HND BUSINESS CONTRACT LAW | Aspects of Contract and Negligence | | | HND BUSINESS - CONTRACT LAW Case 1 1.1 Introduction A contract is a legally binding agreement between two or more people in writing or in words that includes a valid offer and acceptance. The essential elements of a binding contract are: 1. Offer and Acceptance 2. Consideration given by both sides 3. The intention to create legal relationship 4. Privity
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Cole have been known to release songs that evoke much emotion. Beyoncé in particular released a highly controversial music video for her song “Formation” the day before she was set to perform at the Super Bowl 50. "Formation" is a bold‚ five-minute video that displays a glimpse of some important events in African American history‚ but also consists of elements of Beyoncé’s personal life. Beyoncé uses controversial lyrics to verbally represent who she is and visual imagery to illustrate higher social
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Employee Resourcing – The Psychological Contract How can we define the psychological contract? Is it the set of mutual obligations/expectations and more often than not aspirations between employer and employee that extend beyond the formal‚ written contract of employment? This is the general consensus with modern scholars and workers alike‚ but just how far is this assertion true? The problem is trying to evaluate what the psychological contract actually is and what it stands for in our
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SC4: Explain the formation of stereotypes and their effect on behaviour. Stereotypes are often referred to as mental representations (e.g. personalities‚ attitudes‚ behaviour) or forms of “social categorization‚” which are carried on to categories of individuals. This occurs when individuals encounters experiences with certain individuals of a group‚ and those experiences are correlated to all the members where that individual belongs‚ known as the “Illusory correlation.” Taking account of this
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over eighteen and are of sound mind and in the each scenario they intend to enter a legally binding contract. For a contract to come into existence there have to be three steps involved: • Agreement (Offer and Acceptance) • Consideration • Intention to create legal relations All three scenarios are supported by “consideration”. The general idea of consideration is that contracts involve an exchange in which both parties give something in exchange for the promise of the other
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