JUDGMENT V.N. Khare‚ CJI 1. This appeal which arises out of a judgment and order dated 23-11-2001 passed by the High Court of Kerala at Ernakulam revolves round the question as to whether an arbitration clause in a contract agreement survives despite purported satisfaction thereof. 2. The parties to this appeal entered into an agreement for a project at Kayamkulam. Upon completion of the work the respondent herein submitted final bill which was allegedly not accepted by the appellant‚ where
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2007-2008 Dr Olivia Smith Employment Law: Identifying the Contract of Employment Reading: M. Forde‚ Employment Law 2nd ed. (Dublin: Roundhall Sweet and Maxwell‚ 2001) Chapter 2. History ▪ the move from status to contract. Query whether a move back to status? The protection afforded to individual employees under Irish employment law depends on a legal paradigm whereby the rights provided for are implied into the terms of the contract between the employer and the employee. Thus the starting
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Sample contract of employment Statement of main terms and conditions of employment Employer’s name: Belgian Post Group Employee’s name: x Date of commencement of employment: 22/10/2012 Main place of work: UNIT A1 PARKWAY CRANFORD LANE HESTON TW5 9QA Job title: Mail Sorter Duties and responsibilities: Mail sorters must accept and check in
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1.Offer 1. Offer means a proposal by a person in which he makes his willingness to enter into a legally binding contract for some conside¬ration. 2. An offer is made with the object of getting consent of the offeree. 3. An offer can be accepted by the offeree. 4. An offer when accepted becomes an agreement. Invitation to Offer 1. An Invitation to offer means an intention of a person to invite others with a view to enter into an agreement. 2. An invitation to offer on the other hand is made
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DURESS 1. Generally If one party pressures the contractual consent of another by duress the contract is voidable by that other party (See Also s 52A TPA and s 39 FTA). The common law has long recognised that duress‚ in the form of coercion of the plaintiff’s will through illegitimate pressure or threats to the plaintiff’s interests‚ render a contract voidable (Barton v Armstrong). Traditionally‚ the common law concept of duress was limited to actual or threatened violence to the person of
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Kant’s Categorical and Hypothetical Imperative For Immanuel Kant‚ although everything naturally acts according to law‚ only rational beings do it consciously. This is the reason that humans experience impulses and desires that conflict with reason. So we experience the claim of reason as an obligation‚ a command that we act in a particular way‚ or an imperative. Imperatives may occur in either of two distinct forms‚ hypothetical or categorical. Imperatives say that anything would be good to
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1.0 INTRODUCTION ‘Legally binding contract’ is a common legal phrase which indicates that an agreement has been consciously made‚ and certain actions are now either required or prohibited. The meaning of the phrase therefore is that the contract is able to be enforced by the law. For example‚ a lease for an apartment is legally binding‚ because by signing the document‚ the lessor and the lessee are agreeing to a number of conditions. The lessor typically agrees to provide the apartment in a certain
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Historical backdrop Social contract theory raises the chances that necessitate for social order and certain inbuilt constraints might offer us with a natural basis for ethics. It is one of the propositions of political science that the society and state is based on contract. While it might seem that there is well-built impulse for social anarchy without an outside purpose source of morality‚ according to some philosophers like Thomas Hobbes‚ the incentive is built into the social system by the very
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Introduction A contract is defined as an agreement enforceable by law. Hence for all contracts there should have an agreement. The agreement arises by one of the parties making an offer and its acceptance by the other party. Both offer and acceptance create an agreement. In simple contract should first contain an offer made by one party to the other. What is an offer? As per Sec 2(a) of the contract act “When one person signifies to another his
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University of Phoenix CJA 540 Randall Norris October 16‚ 2008 Abstract John Locke’s theory of the Social Contract is ”merely a reasoned description of sound government but also a history of government from the earliest scatterings of humans‚ through their association in a social contract‚ to their rebellion when the terms of that contract are breached.” 1 This theory gives us the reason behind the idea that government only works if the people want to be governed.
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