A contract is an agreement between two parties‚ each agreeing to do or forbear from doing something. A contract‚ if properly formed‚ is legally binding and all parties to a contract are required to perform their respective obligations under the contract‚ failing which legal action can be taken. A failure or refusal to perform one’s obligations under the contract will be called a "breach" of the contract. Contract breaches have wide ranging consequences both legal and practical to the parties to
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Contract Creation and Management - Nature of Agency LAW 531 June 18‚ 2012 Contract Creation and Management - Nature of Agency Successful contract creation is essential for two or more different parties to conduct business. A contract needs to be full of specifics and lacking in ambiguity‚ otherwise interpretations‚ based on needs and experience‚ can and will be made by both sides. One such area of potential ambiguity in a contract is that of agency. Agency is a relationship where a principal
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AND CONTRACT LEGAL STUDIES Table of Contents Introduction 5 The Common Law 6 The Law of Contract 6 The Rules of Offer and Acceptance 7 Electronic Communications 9 Contracts between Parties of different Nationalities 11 Intention to create Legal Relationships 12 Form and Consideration 13 Capacity to Contract 15 Consent of the Parties 15 Legality of Object 16 Content and Interpretation of Contracts 17 Breach of Contract 18 Liquidated Damages 19 Equitable Remedies 24 Discharge of Contracts 24 Modification
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Contract Creation and Management Johnny B Good LAW/531 April 30‚ 2012 Professor Law Contract Creation and Management This week assignment is to provide analysis on the Contract Creation and Management simulation provided in the University of Phoenix (UOP) materials website. The simulation involves two companies; Span Systems‚ a California-based custom e-banking software developer and Citizen-Schwarz AG (C-S)‚ a Stuttgart-based bank with revenues of over $20 billion. Through C-S’s regional
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disease‚ and in no ascertained case was the disease contracted by those using the carbolic smoke ball”.2 The advertisement went on to inform the reader that the Carbolic Smoke Ball company offered “£100 pound reward will be paid to any person who contracts the increasing epidemic influenza‚ colds or any disease caused by taking cold‚ after having used the ball three times daily for two weeks according to the printed directions supplied with each ball. £1‚000 is deposited with the Alliance Bank‚ Regent
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Introduction to Legal Studies and Basic Contract Law- Course Work Assignment Mrs Hyndley is the owner of two properties that she rents to students in the Belfast area. In January 2008 she asks her friend and next door neighbour Frederick‚ a local estate agent‚ to collect the rents from her tenants while she goes off on a 6 month round the world cruise. She does not discuss terms or payment with Frederick. However‚ Frederick agrees and does collect the rents. When Mrs Hyndley returns to Belfast
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The Cost Analysis for Decision Making project is intended to be a comprehensive evaluation of the key objectives covered throughout this course. It will challenge you to apply your knowledge of cost information when evaluating the decision to make or buy a product. Please use this outline and grading rubric as a guide to completing your course project. It provides specific details of the required elements of the project‚ and it will be used by your instructor as a grading guide. Read Integrative
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A standard form contract (sometimes referred to as an adhesion contract or boilerplate contract) is a contract between two parties that does not allow for negotiation‚ i.e. take it or leave it. It is often a contract that is entered into between unequal bargaining partners‚ such as when an individual customer is given a contract by the salesperson of a multinational corporation. The customer is in no position to renegotiate the standard terms of the contract and the company ’s representative usually
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Misrepresentation Step 1. Determine whether the meaning of the representation is false or not – objective test Step 2. Three possibilities of a misrepresentation: 1) It is a term of the contract; 2) It constitutes a collateral contract; 3) Does not acquire contractual status at all. Step 3. Results: 1) Rescission of the contract; 2) Damages in tort (if the tort of deceit or the tort of negligence can be made out) Smith v Lane & House Property Corp This case deals with the situation that a statement
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in contract and is seeking damages of $30‚000 which he believes is the outstanding amount that is owed to him by J. This case touches on the fundamental concepts of contract law where H can only claim damages if the formation of a valid contract between the two parties is evident via the elements of a contract‚ including intention‚ agreement‚ consideration‚ legal capacity‚ genuine consent and legality of objects must be established. Once these elements are satisfied‚ the terms of the contract need
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