contract is a legally binding agreement. Stated another way‚ "a contract is a promise or a set of promises for the breach of which the law gives a remedy‚ or the performance of which the law in some way recognizes as a duty." (Restatement‚ Contracts‚ 2d) study hint. The essence of a contract is that (1) by mutual agreement (2) parties create obligations that can be legally enforced. 2. ELEMENTS OF A CONTRACT Elements of a valid contract are: (1) an agreement; (2) competent parties; (3)
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An offset agreement is a stipulation made between a foreign supplier and a company which requires the supplier to purchase a certain amount of goods from that country in exchange for a contract. Offset agreements can be direct or indirect‚ depending on what raw materials the country may have. These agreements are often required in order to award a foreign contract to a large company producing valuable goods. A direct offset agreement means that the supplier has agreed to buy something from the
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Prenuptial Agreements The Uniform Premarital Agreement Act is a regulation that allows the parties of a premarital contract to choose the states jurisdiction under which their contract will fall. A couple can choose any state in which one of the parties live or plans to live or the state in which the couple will be married. Because this act has not been passed in all states‚ parties to a prenuptial contract are also limited to choosing only the states that have passed the Uniform Premarital Agreement
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The Four Agreements The Four Agreements After reading The Four Agreements by Don Miguel Ruiz I realized I’ve been living dreams of other people in my life and not my own. It was decided early on what I should do‚ what’s possible and what’s not. Starting at birth we are told what to think by our parents‚ schools‚ and church. Subconsciously‚ we have made agreements with them to live our life according to their rules. Don Miguel believes that these agreements are self-limiting and shares four
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Employment Agreement (Sample) THIS AGREEMENT made as of the ______day of__________________‚ 20__ ‚ between [name of employer] a corporation incorporated under the laws of the Province of Ontario‚ and having its principal place of business at _______________________(the "Employer"); and [name of employee]‚ of the City of ____________________in the Province of Ontario (the "Employee"). WHEREAS the Employer desires to obtain the benefit of the services of the Employee‚ and the Employee desires to render
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Should employers use noncompetition agreements or other restrictive covenants? If so‚ under what circumstances? What should an employer do if someone that the employer wants to hire is a party to a restrictive covenant with a previous employer? A noncompetition agreement is a type of “restrictive covenant‚” i.e.‚ a promise by an employee not to engage in certain behavior that is contrary to the employer’s interests. A covenant “not to compete” generally is a promise that the employee will not
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MEMORANDUM OF AGREEMENT THIS AGREEMENT made between ………………………………………………….. …………………………………………………………………………………………..of ……………………………………..signature …...……………….………………… (hereinafter called ‘the Employer’) of the one part and ………………………………. ………………………………………………………………………………………….. of ………………………………………signature.…………………………………….. (hereinafter called ‘the Project Engineer) of the other part. WHEREAS the Employer is desirous that certain Works should be constructed‚ viz Contract Name …………………………………………………………………………
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International Legal Theory of the Present Time: Common Consensual Theory Definition of the Public International Law Public international law is the law pertaining to the structure and the conduct of the sovereign states‚ intergovernmental organizations and analogous entities. In a narrow scope‚ the public international law could also includes the multinational corporations and individuals‚ which is recently developing well beyond the conventional legal interpretation and enforcement. Its
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BUSINESS CONDUCTING AGREEMENT ------------------------------------------------------- This Business Conducting Agreement made on this ___ day of ________ 2009. BETWEEN Mr/Mrs ________________________________________________ hereinafter jointly referred to as the Owners (which expression shall‚ unless it be repugnant to the context or meaning thereof‚ be deemed to mean and include its successors and assigns) on the FIRST PART AND M/S. ___________________________ a Partnership firm incorporated
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Twenty years ago the United States created an agreement including itself‚ Canada‚ and Mexico‚ named NAFTA‚ or the North American Free Trade Agreement‚ to relax the trading regulations and increase trade between itself and its two neighboring countries‚ along with a long term purpose to create a more competitive global marketplace originating from the North American continent. NAFTA is now the largest free trade agreement in the world with the world’s largest free trade area of 450
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