2nd Assignment: Suggested Answer 1. The legal issue revolving around this case is that whether a valid legally-binding contract has been entered into between David and John‚ and‚ if that is the case‚ whether David is able to sue John for his breach of contract resulting from his sale of the shop to Nancy. In general‚ a legally binding contract is an agreement made between two or more persons‚ by which rights are acquired by one or more to acts or forbearances on the part of the other
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For a contract to be legally binding all of the following elements must be present. If one or more is absent the contract will be considered invalid or void. The first element of the contract is Offer and Acceptance. For a contract to be considered valid one party (the offer) must make an offer to another party (the offeree). Before an offer is accepted it must be communicated to the offeree. A offer is immediately made into a contract when the offeree accepts the offeror’s tender. An offer can be
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Hartly & The Auto Dealer What do you think about this situation? Should parties to a sales contract be able to rescind a contract because of mutual mistake of fact? Why or why not? Did either party act unethically in this case? Why or why not? What application does the UCC have here? Finally‚ in the overall context of contract law‚ are there any winners or losers when a contract is rescinded based on mutual mistake of fact? Why or why not? In my studies of the case‚ I read about
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what’s legal or illegal and not to break the law‚ it also helps securing the company from fraudulent or unlawful actions. Assignment 1 primarily deals with key elements of Contract Law. In the assignment main parts of any contract and various types of business contracts will be considered‚ and such topics as „What makes a valid contract?“ will be discussed. Rules of offer and acceptance as well as rules of intention and consideration will be viewed in terms of specific situations. At the same time
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(Q1) In the scenario described‚ the area of contract law applicable would be whether the offer and acceptance was put into a legally binding agreement. The offer of rewards given to the clerk from IRAS greatly depends on the usefulness of the information from the clerk to retrieve successfully the total amount of tax evaded by Evander. Firstly‚ to describe the contract‚ an offer is a definite intention by the offeror to enter into a legally binding agreement‚ be it a specific person‚ a group of
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Student ID Number: Identification card number : Group : Lecturer’s name: The issue in this case deals with invatition to treat ‚ offer ‚ counter-offer ‚ conditional acceptance and acceptance . It also deals with the elements of valid contract. General rule for a binding contract is an offer and an acceptance of the proposal. There must be effective communication to the proposer. It is very important to differeciate a proposal from an invitation to treat. Invitation to treat is a stage of negotiation
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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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whether there is binding contract between the two parties‚ Baldcure Ltd. and Gary Knudenut‚ and consequently whether Gary can sue under that contract. Rule A contract is a legally enforceable agreement between two or more parties. To be valid‚ a contract must comprise of the following elements: - agreement (offer + acceptance) - intention - consideration - capacity to contract - consent - legality In order to establish whether there is a binding contract between Gary
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discuss. In Contracts‚ What is "Consideration"? In order for any contract to be enforceable‚ courts generally require three things: mutual assent (agreement to the contract terms)‚ a valid offer and acceptance‚ and consideration. Consideration in law is one of the three main building blocks of a contract. It can be anything of value‚ which each party to a legally binding contract must agree to exchange if the contract is to be valid. If only one party offers consideration in contract‚ the agreement
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THERE ARE 7 ELEMENTS WHICH ARE REQUIRED FOR THERE TO BE A VALID CONTRACT. LIST AND DISCUSS THEM AND SAY WHAT HAPPENS IF ANY ONE OF THE ELEMENTS IS MISSING. All agreements are not contracts. A contract is a legally binding agreement between two or more parties. An agreement that is not enforceable by law is not considered a contract. There are many elements that are required for a contract valid‚ offer and acceptance‚ intention to create legal relationship‚ capacity of the parties‚ consent‚ consideration
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