consent4. In conclusion as Matt did not in anyway‚ shape or form accept the offer‚ and was silent when the offer was made the contract between Michael and Matt is invalid. As between Michael and Matt‚ is promissory estoppel relevant? Give reasons. Is promissory Estoppel
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must be a legal reason for the discharge. Now‚ there are exceptions to the employment at will doctrine. The exceptions are as follows: 1. Bad faith‚ malicious termination in violation of public policy‚ 2. Termination in breach of the implied covenant of good faith and fair dealing. 3. Termination of an implied contract term 4. Violation of the promissory estoppel where the employee relied on the employers promise. There are other exceptions that are determined by the individual states concerning warnings
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Chapter 11……….Contracts‚ Consideration‚ Capacity and Legality Consideration: Value given in return for a promise. Consideration must be (1) legally sufficient and (2) bargained for by the party receiving it. Legally sufficient consideration may take the form of: (1) promising to do something that the promisee has no prior legal duty to do (e.g.‚ promising to pay money for the promisor’s goods); Regular consideration (2) performing an action that the promisee is not otherwise obligated to
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Consideration in contract formation ------------------------------------------------- Top of Form Consideration is essential to the formation of any contract made without deed. It distinguishes a bargain or contract from a gift. Lush J in the case of Currie v Misa (1875) referred consideration consist of a benefit to the promisor or a detriment to the promisee as: “Some right‚ interest‚ profit or benefit accruing to one party‚ or some forbearance‚ detriment‚ loss or responsibility given‚ suffered
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and glass sliding doors and windows. Arrow Glass Company is a subcontractor who initially brought suit against Traco on the theories of promissory estoppel and negligence for Traco’s failure to supply aluminum and glass sliding doors at the quoted price. After a bench trial‚ the trial court held for Arrow solely under the theory of promissory estoppel and awarded Arrow judgment against Traco for damages in the amount of $ 75‚843.38‚ plus attorneys’ fees and prejudgment interest. Issue Appellant
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LAW204 - CONTRACTS Week 5 – Express Terms ___________ ** N.B. The main cases covered in lectures‚ containing MAIN RULES are highlighted in YELLOW! READINGS/LECTURE CHAPTER 10 – EXPRESS TERMS Introduction – Contents of a Contract? Express Terms: contain contractual promise and terms that are capable of being Incorporation by pre-contractual statement: Courts look at what the parties said Have these statements become express terms? Statements the court acknowledges: Irrelevant
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that Amica waived or is estopped from asserting the failure to make an election as a policy defense. Based on the facts available at this juncture‚ it seems unlikely that the insured would be successful in proving that the doctrines of waiver or estoppel applied in order to preclude Amica from relying on its policy defense. In the event that this case proceeded to litigation‚ it is possible that the Insured could allege a set of facts sufficient to survive a motion to dismiss that it was induced
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Ng Cin Yan Contract Law Ng Cin Yan Contract law is a law which regulates the commercial world by enforcing contracts.1 Contracts allow consistency and also certainty in business transactions which in turn increases business efficiency. This is because a contract sets down clearly the obligations and rights of each party in an agreement‚ hence making sure that the parties are aware of their individual responsibilities before and after consensus ad idem or in other words the meeting of
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complete fusion of these jurisdictions has not yet occurred. The two “streams” of jurisdiction have merged in some areas as the law has developed‚ but are technically still separate. This essay will prove this claim using the equitable doctrines of estoppel and fiduciary obligations and will then discuss remedies. 2. History of Equity Prior to the enactment of the Judicature Act 1873‚ the administration of common law and equity was completely separated. The principles of equity developed in the
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Firstly‚ we have to distinguish whether Jack makes an invitation to tender or an invitation to treat. According to Harvela Investments Ltd v. Royal Trust Co of Canada (CI) Ltd (1986)‚ the usual analysis is that an invitation to tender for a particular project is simply an invitation to treat. ’ However‚ in the case of Harvela Investments Ltd‚ the invitation to tender is treated as an offer implicating legal obligations. I believe that Jack was making an invitation to treat rather than an invitation
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