can be effective in two situations; if actual authority implies it or if it is implied via estoppel. In the case Australia and New Zealand Bank Ltd v Ateliers de Constructions Electrocutes de Charleroi [1967] 1 AC 86 held that an agent duly appointed to act for the principal in certain business dealings‚ had actual implied authority to open a bank account to give effect to the businesses arrangements. Estoppel is to remedy injustice that would flow
Premium
CONTRACT LAW NOTES It is a legal enforceable agreement entered into by two or more different persons with legal capacity. The parties should have serious intention to create legally binding obligations. Their agreement needs to be within parities’ contractual capacity. Furthermore‚ parties should communicate such intention without vagueness each to the other and being of the same mind to the subject matter. Essentials of a contract a) it should be lawful b) possible of performance c) within
Premium Contract
Payment of Gratuity Act‚ 1972 Outline • • Applicability of the Act (Sec 1) & Definitions (Sec 2) – employee‚ superannuation‚ continuous service (Sec 2(A))‚ Wages Payment of gratuity (Sec 4) o Continuous service of not less than 5 yrs o Calculation of gratuity in case of seasonal employees‚ in case of employee employed after disablement‚ on ‘retrenchment’‚ for service beyond the age of superannuation‚ on resignation o Calculation of “15 days” wages in respect of mthly rated employee‚ piece-rated
Premium Employment
as notice to the whole world? Luggage Distributors (M) Sdn. Bhd. v Tan Hor Teng [1995] MLJ 719 5.3 TYPES OF TENANCY UNDER NLC (a) Fixed tenancy (b) Periodical tenancy (c) Tenancy at will (d) Tenancy at sufferance (e) Tenancy with ‘estoppel’ Wee Tiang Yap v Chan Chan Brothers
Premium Leasehold estate Lease Landlord
Oil and Gas Law Outline Fall 2000 Class One INTRODUCTION Petroleum: generic name for certain combustible hydrocarbon compounds found in the earth A commercial oil deposit requires the presence of a porous‚ permeable rock formation containing oil of a marketable A.P.I. gravity and of producible viscosity. Three fundamental properties of petroleum (for oil and gas production): 1. state (gaseous‚ liquid or solid) 2. specific gravity
Premium Petroleum Oil well Natural gas
Assignment 1 Common Law By: Tita Amalia V. 1. Jonathan and an international business transaction Two parties reach agreement on the terms of the sale of a product from one party to the other. The agreement was written and signed by both parties in the presence of their lawyers. a) Do the parties have a valid and enforceable contract? Before a contract is formed‚ there must be agreement consisting of offer and acceptance‚ intention to form a contract‚ and consideration. Without
Premium Contract
Case Summaries : Week 8/ Contract 5/ Consideration 1. Alliance Bank v Broom (1864) D owed an unsecured debt to C. C asked for some security‚ and D promised to provide some goods but never produced them. When C tried to enforce the agreement for the security‚ D argued that C had not provided any consideration. HELD: that normally in such a case‚ the bank would promise not to enforce the debt‚ but this was not done here. By not suing‚ however‚ the bank had shown forbearance which was valid consideration
Premium Money Contract Payment
INTRO: We’re not interested in proving liability‚ we’re concerned with finding the need for a resolution The creation of a right is distinct from the provision of remedies for violations of that right (just because a right was violated doesn’t necessarily mean there’s a remedy) Choices between responsible solutions in a world of limited possibilities (A solution requires the decision maker to select between alternative possible solutions in a world of limits) GOAL: to use actual
Premium Tort Damages Judicial remedies
1. The decision in Williams v Roffey moved away from the actual technicalities of finding traditional consideration‚ to actually looking at the factual benefit which a promisor may gain. In this sense it was stated that the duty to perform an existing contract could be good consideration so long as some kind of benefit went to the promisor‚ whereas previous to this performance of an existing contract was in fact no consideration‚ (as stated in Stilk v Myrick). This decision developed the doctrine
Premium Money Contract Plaintiff
In common law‚ a formality among judges was developed‚ typified by a reluctance to deal with matters that were not or could not be processed in the proper form of action. In other words‚ if a person did not follow the proper procedure or done an error in the formalities‚ the person making the claim would lose the case even though that person obviously suffered a wrong. It is one of the equitable maxims that ’Equity looks to the intention and not the form’ which stands that it is fair to look at the
Premium Common law