would be inequitable for him to do so having regards to the dealings which has taken place between the parties”. An example of promissory estoppel is where A promises B that he would not enforce his legal rights and B acted and relied on it without giving any consideration‚ equity would not allow A to renege on his promise to B. The modern concept of promissory estoppel was developed in the cases of Central London Property trust Ltd V. High Tree House Ltd. (1974)1 KB 130 and Total Metal Manufacturing
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Defective Contracts Contract Classification Basis of Defect Status of the Contract Legal Effects Prescriptive Period Ratifiability A.Rescissible There is damage or injury either to one of the contracting parties or to a third person. Valid Considered valid and enforceable until they are rescinded by a competent court. The action for prescription may prescribe. NO 1. Contracts entered into in behalf of wards 2. Contracts agreed upon in representation of absentees 3. Contracts undertaken
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Introduction A contract is formed when one of the parties has to accept an offer made by the other. Here‚ David places an advertisement in the local newspaper of a reward‚ £1000 for the safe return of each of his six cats. This shows he is making an offer to all the readers of the Daily Bungle. An offer is defined as follows: “An offer is a statement of the terms upon which the offeror is prepared to be bound if acceptance is communicated while the offer remains alive1.” The critical aspect of
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causes her losing a considerable sum of money. The main issue in this question is whether Theresa able to sue for her damages. Law and Implication For there to be a valid contract between Theresa and AirMalaysia‚ there must be a proposal‚ acceptance and consideration. Proposal is defined in Section 2 (a) Contract Act 1950 as when one person signifies to another his willingness to do or to abstain from doing anything‚ with a view to obtaining the assent of that other to the act or abstinence
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accepts the offer and they sign a contract to that effect. After the contract is signed‚ Teri learns of a Boston rule that all firefighters must live within the Boston city limits. Teri decides not to move and contacts Jack to let him know she won’t be moving after all. Jack sues Teri in municipal court‚ asking for specific performance in accordance with the original deal. Teri argues that‚ although specific performance is usually appropriate in land sales contract cases‚ the judge has the discretion
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offer‚ acceptance‚ and consideration will not guarantee a legally enforceable contract”. Discuss. A contract is an agreement which normally consists of an ’offer ’ and an ’acceptance ’ and involves the ’meeting of the minds ’ or consensus between two or more parties with the intention to create a legally enforceable binding contract. Therefore in this essay‚ the four core elements needed for the formation of a contract such as offer‚ acceptance‚ and consideration and intention to create legal relations
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DISCHARGE OF A CONTRACT Normally the completion of a contract is straightforward as parties carry out their tasks as required. There are four main different ways of ending a contract: a) Discharge by performance b) Discharge by agreement c) Discharge by breach d) Discharge by frustration DISCHARGE BY PERFORMANCE For this the courts expect performance to be exact and complete. This means that it must match contractual obligations RE MOORE AND LANDAUER (1921) If requiring a contract to be complete
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ability to achieve its goals. The employment relationship is arguably one of the more significant relationships that occur in an organisation particularly the psycho-social component. Critically evaluate the so called theory of the the psychological contract‚ does it provide a valid‚ reliable and predictable explanation that may contribute to an understanding of the organisational success and failure? | | Date | 4/24/2013 | | University of Hertfordshire‚ Business school. Department
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contract but do not appear to be a relevant issue here. While it is possible for offers to be "made to the world”1‚ K ’s advertisement is an "invitation to treat"2. It cannot be construed as an offer as it shows no intention on K ’s part to be bound to its terms‚ in contrast to the wording of the advertisement in Carlill v Carbolic Smoke Ba// Co3. Thus A ’s letter to K dated 21 April is the first possibility of an offer. However the terms of this letter are too vague to be construed as an offer
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CONTRACT OF LAW Contract can be defined as ‘an agreement enforceable by law’. In other words‚ a contract is an agreement made between two(2) parties or more which is legally binding between the parties. There are six (6) basic elements in the contract : 1. Offer refers to a proposal that is capable of being converted into an agreement by its acceptance. Section 2(a) of Contract Act 1950 provides that when a person signifies another his willingness to do or to abstain from doing anything‚ with
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