Tutorial 5 1. Naeve Soh‚ a diploma holder enters into an employment contract with a company as an accounting assistant. The working hours are 8am to 9pm daily except for Sundays and Public Holidays. The pay is $2100 per month. The market rate for a similar job is $3700 and employees in similar jobs in other companies work generally only from 8 am to 6 pm. After working for two months Naeve Soh feels all this is very unfair and wants to challenge it. (a) Assuming there is no statute prohibiting
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Contract law – contract formation Figure 1: Elements required for a contract to be recognised by law Using Figure 1 above‚ and your knowledge of the elements required for contract formation‚ consider whether a contract recognised by law has been made in each of the scenarios below. Scenario IS THERE A contract? James is selling his car for $5000. Lucy comes to look at it‚ and says that she loves it‚ but that she only has $4800 to spend. James says he will accept $4800‚ as long as Lucy
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Consideration in contract formation ------------------------------------------------- Top of Form Consideration is essential to the formation of any contract made without deed. It distinguishes a bargain or contract from a gift. Lush J in the case of Currie v Misa (1875) referred consideration consist of a benefit to the promisor or a detriment to the promisee as: “Some right‚ interest‚ profit or benefit accruing to one party‚ or some forbearance‚ detriment‚ loss or responsibility given‚ suffered
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Thomas Hobbes: The Social Contract Theory Thomas Hobbes theory is that in the state of nature‚ the only thing that motivates an individual is self interest. The state of nature is essentially a state in which men and women are left to their own desires and can do whatever they want. There is no government to intervene or necessary laws and standards. In the state of nature‚ you will do whatever you have to do to fulfill your self interest. In the prisoner’s dilemma two people have been arrested
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Sample Marriage Contract I. The Authority In the Name of God‚ our Father‚ and the Lord Jesus Christ‚ we‚ _____________________ and ______________________ ‚ hereby‚ before these witnesses‚ are joined in holy matrimony‚ as God intended in Genesis 2: 21-25‚ from this day forward until death. The Authority in and for this marriage shall be Almighty God as revealed in the Holy Bible‚ Authorized 1611 King James Version (“the Word of God”). His words shall be final Authority in every
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CONTRACT MANAGEMENT PLAN CONTRACT FOR ARCHITECTURAL ENGINEERING‚ ENGINEERING CONSULTING‚ TECHNICAL SUPPORT‚ AND PROFESSIONAL SERVICES CONTRACT NUMBER DATE COMPANT CONTRACTOR NAME/TITLE/COMPANY/DATE NAME/TITLE/CONTRACTOR/DATE TABLE OF CONTENTS 1. Purpose of Plan……………………………………………………………………………………………………….4 2. Contract Background……………………………………………………………………………………………….4 3. Contract Identification…………………………………………………………………………………………….4 3.1 Parties………………………………………………………………………………………………………………
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Analyse the major problems surrounding the pre-incorporation contracts and evaluate how fare these problems have been resolved by the provisions of section 36C of the Companies Act 1985‚ as amended by the Companies Act 2006. 1) what are pre-incorporation contracts 2) problems surrounding pre-incorporation contracts 3) how fare have these problems been resolved A company cannot enter into a contract before it exists as a legal person by being incorporated on its registration by the
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FACTS: SS/Alicante‚ belonging to Compania Transatlantica de Barcelona was transporting two locomotive boilers for the Manila Railroad Company. The equipment of the ship for discharging the heavy cargo was not strong enough to handle the boilers. Compania Transatlantica contracted the services of Atlantic gulf and Pacific Co.‚ which had the best equipment to lift the boilers out of the ship’s hold. When Alicante arrived in Manila‚ Atlantic company sent out its floating crane under the
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8-19-2013 Liability for Agent’s Contracts You run a successful paper mill and send out your three best personnel to secure new wood pulp sources using due diligence and skill. Applying the agency principles outlined in this chapter‚ answer the following questions. Delilah‚ does not return with wood pulp‚ but brings back three contracts. Acting within the scope of her authority‚ she contracted with Evon‚ who knew your identity at the
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Contract Paper Danny Davidson sold a single family home to Paul and Priscilla Peterson. A long-term relationship between Danny and Paul is the basis for not including a written agreement. The simple contract was made orally and only included the legal object and the amount to be paid. Danny did not disclose a dispute with his neighbor over boundary lines or include information about a soil subsidence in the front yard he claims not to have known about. Contract Elements Four elements are necessary
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