and the terms in contracts are explored. It is important that you understand the meaning of express & implied terms in a contract‚ considering the use of key terms e.g.terms relating to payment can be analysed as implied terms found in law and the remedies available for not following the terms of a contract. Exclusion clauses that try to remove some liability for one party’s breach of contract are common in written contracts‚ yet these terms often have no legal effect. The law tries to balance
Premium Contract
going to discuss three topics. First‚ I will analyze the elements necessary to form a valid contract between two parties. Second I will provide to primary legal defenses a party may have against forming a contract. And last‚ I am going to evaluate remedies for a breach of contract that a party may have against a breaching party. Elements of a Valid Contract The elements of a valid contract consist of four elements. The first element of a valid contract is “offer and acceptance”‚ these two in combination
Premium Contract
Note: It is recommended that you save your response as you complete each question. Question 1 (5 points) James believes our system of free enterprise is the best‚ even though businesses are not exactly trying to do nice things to competitors‚ because the end result is that consumers get better products. "Hey‚ even though what the businesses are doing is kind of cruel‚ the ultimate outcome is for the good—what could be wrong with that?" Chris disagrees with James: "No way will you’ll get me to go
Premium Law Supreme Court of the United States Court
EQUITY AND TRUSTS The statute does not forbid or destroy equitable assignments or impair their efficacy in the slightest degree." Per Lord Macnaghten in William Brandt’s & Sons & Co v Dunlop Rubber Co Ltd [1905] AC 454‚ 461 Discuss critically the above statement with regard to the Malaysian legal position. Before receiving his title deed‚ a person may obtain a loan from a financier by assigning the rights to the property to the financier. Similarly‚ a creditor may obtain a loan from a factor
Free Common law
CH. 1: INTRODUCTION TO LAW AND LEGAL REASONING Law – provides stability‚ predictability‚ and continuity. LAW IS AN (1. SET OF RULES) that (2. COURTS WILL ENFORCE)—and AMERICA’S FIRST LAW SYSTEM USED IS COMMON LAW/ ANGLO-AMERICAN COMMON LAW DEAN’S LIST 1. CONSTITUTION (+ CHARTERS) 2. STATUTES (+ ORDINANCES) 3. TREATIES 4. CASE LAW / PRECEDENTS / STARE DECISES 5. EXECUTIVE ORDERS 6. ADMINISTRATIVE RULES + REGULATIONS 7. CONTRACTS 8. INITIATIVE (+ RECALL) 9. REFERENDUM 10. COMMON LAW
Free Common law Law
COMMERCIAL LAW 101 Statutory Obligations There are two broad aspects addressed in this topic: Civil liability: Legislation may affect existing common law and equitable obligations: e.g -Legislation can cut across or interfere with common law and equitable obligations. Legislation can also reinforce such obligations. -Example: ACC legislation in NZ takes away right to sue for personal injury‚ but sets up statutory rights to compensation for injury regardless of fault. Criminal liability:
Premium Contract Criminal law Privacy law
3a) Explain the way(s) in which the historical development of the equitable jurisdiction informs our contemporary understandings of the relationship between law and equity. Historical development of equity Until 14th Century‚ if justice was not achieved‚ a litigant could appeal to the king in King’s council (Curia Regis). The council possessed royal power and could thereby make order to delegate the hearing of injustice function to the Chancellor. Starting from 15th Century all petitions went directly
Free Common law
the most frequently cited authorities on the effect of the Judicature Acts so far as the fusion of law and equity is concerned. Essentially the question down on whether the defendant could bring a legal remedy (distress) with respect to a lease which formerly would have been regarded as equitable only (effectively an agreement to grant a lease rather than one in proper legal form). Facts:The Defendant on the 29th of May 1879‚ agreed to grant and the Plaintiff to accept a lease of a mill for seven
Premium Lease Landlord Leasehold estate
broad to be enforced.[ Restraint of Trade Act 1976(NSW) SECT 4] B Equitable obligations In the absence of express terms‚ employees are still bound by the implied duty of good faith‚ loyalty and fidelity to their employers‚ which arises from the special position of trust and confidence held by an employee.[ J Macken‚ P O’Grady‚ C Sappideen and G Warburton‚ Law of Employment (4th ed‚ 2002)‚ 139–141.] A contract implies an equitable obligation that an employee will not compete against his employer
Premium Law Confidentiality Employment
LAW220 Question 1 Issues The key issue is to determine whether Susan - Transport Manager for NSW of Ozzie Freight Ltd is able to take legal action to enforce the contact with Gordon – ex-Sales Manager of Heavy Trucks Ltd for the delivery of five trucks costing $950‚000. Laws To interpret these issues‚ this paper will consider section 126‚ 128(1)(4) and 129 of the Corporation Act 2001 (Cth) as well as the Turquand rule of internal management in common law. Section 126 stated that a firm
Premium Corporation Contract Law