* No need for ‘consideration’ (that is‚ mutual promises) Deeds required for: unilateral contracts & where statute requires *When is written contract required? General rule: not normally‚ simple contract will be sufficient. Exceptions: LEGISLATIVE EXCEPTIONS: You CANNOT enforce (unless evidenced in writing & signed by the person you are enforcing against): * Contracts for ‘disposition’ (= sale / transfer) of land (Instruments Act (Vic) s 126) * Assignment of copyright (s 196(3)
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Balfour v. Balfour [1919] 1. Comment on whether you agree with the legal reasoning of parties? the findings of the court? Why? Firstly‚ the counsels on behalf of Mr. Balfour alleged the agreement between the Balfour as an invalid contract as the wife gave no consideration for the promise. This agreement was only regarded as a domestic arrangement caused by the absence of the husband who was supposed to work oversea. Moreover‚ the Court of Appeal was inclined to support this argument of the
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Business Law SS 2013 Cermeno Nathaly‚ Dinye Syafitri Hernanda Formalities in Contract Law – Comparative view OVERVIEW: 1. GENERAL DEFINITION OF A CONTRACT 2. FORMALITIES IN THE GERMAN CONTRACT LAW • WRITTEN FORM • NOTARIAL RECORDING • OFFICIAL CERTIFICATION 3. FORMALITIES IN CONTRACT LAW OF OTHER COUNTRIES
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action or fails to take action because of what appeared to be a promise made by another individual‚ without knowing if true or untrue. It is very similar to Promissory Estoppel in that the other party is "estopped" or legally prevented from denying liability‚ even though no formal contract was formed‚ because of its promise. An estoppel by representation [of fact] will arise between A and B if the following elements are made out. First‚ A makes a false representation of fact to B or to a group of which
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Relation of Partners with Third Parties A. Implied Authority of the Partners B. Partners are agents for each other C. Liability of Partners D. Doctrine of Holding Out Essentials of Implied Authority of the partners: Implied authority refers to those powers of a partner which are not expressly given to him or are not written down in a partnership agreement. An act of the partner to come within the preview of implied authority must fulfill the following conditions:- (1) The act must be
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1356‚ CC) GENERAL RULE: Whatever may be the form in which a contract may have been entered into‚ the general rule to 1356 of the Civil Code‚ is that it shall be obligatory provided all of the essential requisites for its validity are present. EXCEPTIONS: 1) When the law requires that the contract must be in a certain form in order to be valid; and 2) When the law requires that the contract must be in a certain form in order to enforceable. 2. What are the different kinds of formalities which are
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Law esasay Hard-up Construction wants to know (a) Whether they have any right against university of South Yorkshire (Their employer) for refusal of payment of additional payment of £600‚000 on top of the original contract price and (b) Whether they are entitled to £50‚000‚ as promised by Ms Barbara Ella.ln order for them to succeed they will have to show that South Yorkshire reluctantly agreeing and Ms Barbara Ella promise was contractually binding. The two issues can be out to be looked at separately
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Is equity still relevant today? Prior to the Norman conquest in 1066 ‚ different areas of England were governed by different systems of law. William the conqueror gained the English throne in 1066 and began standardizing the law. “Itinerant justices” were able to discuss the various customs of different parts of the century. The principle of ‘stare decisis’ grew up and by 1250 a ‘common law’ has been produced. Common law is the basis of our law today. It is an unwritten law that developed from
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Central London Property Trust Ltd v High Trees House Ltd KB 130 (or the High Trees case) is an English contract law decision in the High Court. It reaffirmed the doctrine of promissory estoppel in contract law in England and Wales. Denning J held estoppel to be‚ Facts In 1937‚ High Trees House Ltd leased a block of flats in Clapham‚ London‚ for a rate £2500/year from Central London Property Trust Ltd. Due to the conditions during the beginning of World War II occupancy rates were drastically lower
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Introduction: Focus only on the promise you are attempting to enforce. A. Definition: Contract law is an enforcement of a single promise‚ not an agreement at whole. a. Contract law is state law. It is common law by default‚ unless a statute has been passed covering the issue. Right to contract is guaranteed primarily by common law and some statutes‚ NOT by the constitution. Our law does not recognize any natural right to freedom of contract or economic activity. B. Sources of
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