CONTRACT LAW- EXAM NOTES What is a contract? An oral or written agreement between two or more parties which is enforceable by law. This agreement ‘will be legally binding if certain criteria are met – briefly‚ they require that there be an agreement (comprising an offer and acceptance)‚ consideration‚ intention to create legal relations‚ compliance with any formalities required by law and that the parties have the legal capacity to contract’1 What is the purpose of contract law
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Classification of Contracts (7 – 1.30) Simple and formal contracts A formal contract is a written contract (such as a deed). A simple contract can be entirely orally or a combination of oral and written. Bilateral Contract: exchange of promise – one promise for another (a promisee’s promise in return for the promisor’s promise or vice versa) o Union Dominions Trust (Commercial) Ltd v Eagle Aircraft Services Ltd [1968] 1 All ER 104 at 108‚ Lord Diplock Unilateral Contract: A one way
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theory in ethics is the Social Contract Theory‚ which tells us “that morality is essentially a cooperative enterprise‚ and that moral rules are those that self-interested people would obey on the condition that all others do as well” (Shafer-Landau 3‚ 2015). This means that people in a society agree tacitly to the rules set forth by it‚ and that abiding to these rules is in their best self-interest because they will get benefits and not be punished for disobeying. The Social Contract theory likens society
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The client should be provided enough information‚ in simple terms‚ to make an informed decision‚ given his/her mental or emotional state and overall ability to understand what is being provided. There are four main areas that should be discussed: (1) the nature of the treatment; (2) the risks and expected benefits associated with the treatment‚ including the likelihood of success; (3) any alternatives to treatment‚ including the alternative of no treatment‚ and their risks and benefits; and (4) any
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The Influence of Locke’s Social Contract on The Declaration of Independence During the 1700s the American settlers suffered the abuses from their Mother England‚ and constantly fought through the rebellious spirit that lived within them. As their last hopes for independence dissolved by the greediness of the king‚ a man raised his voice‚ encouraging his subalterns to defend their freedoms. Richard Henry Lee proclaimed‚ “that these United Colonies are‚ and of right ought to be‚ free and independent
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there are requirements to form a valid contract other than offer and acceptance‚ that are‚ intention to create legal relation and consideration. What is consideration? It can be describe as being something which represent either some benefit to the person making a promise or some detriment to the person to whom the promise is made. The term consideration is given to the subject that is exchanged in a contract.1 It is a fundamental prerequisite in English contract law. 2 The courts has explained the
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Hypothetical Working Agreement Paper Freydia is a 27 year old mother of 2 children ages 6 and 9. She has been using crack cocaine for the last four years. Her children have been removed from her care by Child Protective Services and placed with her mother. Freydia has entered a drug program‚ stating she wants to get her kids back. Achieving this goal will require much work on Freydia’s part. As a clinician‚ I design a working agreement outlining a plan of action and defining each of our roles
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Jean-Jacques Rousseau‚ author of On the Social Contract‚ the First and Second Discourse‚ as well as other notable works‚ had a profound impact on political philosophy and Western thought during the 18th century and still shapes politics today. Contrary to what have some have some have misconstrued regarding Rousseau‚ he did not argue that man in his natural state was virtuous or perfect. Some commentators have suggested that Rousseau believed that man in his natural state was the height of perfection
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Q&A 2 Certainty of terms and intention Introduction Contractual certainty If businessmen are often not overly-concerned with the niceties of offer and acceptance it follows that their contracts may not be all-embracing and complete in every respect. The parties may have reached an agreement in principle and then prefer to rely on experience from previous dealings‚ business practice and goodwill. The law’s overall policy is to uphold bargains wherever possible and although businessmen tend to
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A contract -is a legal agreement that occurs between two or more parties. It can be a written or spoken agreement that can concern employment‚ sales‚ or tenancy. Parties or members involved‚ enter voluntarily into this agreement. Every contracts involve two persons they are the: Offeror and Offeree. The offeror is the one who offers to enter into a contract and the Offeree is the one to whom the contract is being offered Elements of a contract: Agreement‚ Lawful object‚ consideration and contractual
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