that an insurer under a contract of indemnity insurance‚ who has satisfied the claim of the insured‚ is entitled to be placed in the insured’s position in respect of all rights and remedies against other parties which were vested in the insured in relation to the subject-matter of the insurance1. Where the insured has proceeded against the third party after the insurer had paid out the claim and without the insurer’s authority as happened in Visser v Incorporated General Insurances Ltd2‚ there is
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OUTLINE OF LECTURE IN LAW ON CONTRACTS (Defective Contracts) 1. Defective contracts a. Rescissible contract – valid until rescinded; b. Voidable contract – valid until annulled; c. Unenforceable contract – cannot be sued upon or enforced unless ratified; d. Void contract – no effect at all‚ cannot be ratified or validated 2. Rescission Rescission is the remedy granted by law to the contracting parties and sometimes even to third persons in order to recover indemnity
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intense competition between WFRMC and the other two hospitals within the area of Pensacola in 1992‚ Sacred Heart and Baptist Hospitals. The 130 doctors practicing at the Medical Center Clinic and its satellite clinics admitted mostly to WFRMC‚ whereas most of the other doctors in this city of 150‚000 practiced at both Scared Heart and Baptists Hospitals. At the time it was estimated that 90% to 95% of patients that would be admitted into any of the hospitals would experience discounted prices due to the
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Aini consent to an agreement caused by undue influence? Undue influence define under Section 16(1) of the Contract Acts where a contract is induced by undue influence if one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. Section 16(1) of the Contract Acts 1950 lay down the principal in general terms and gives the element necessary to establish undue influence where the elements are the wrongdoer was in a
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by signing a written contract? A minor or other incompetent party who makes a purchase is essentially entering into a contract with the seller and technically and legally speaking does have the right to return the purchased item based on their in-ability to legally enter into the contract. A contract can be defined as “an exchange relationship created by oral or written agreement between two or more [parties]” (Blum‚ 2007) and in order to be considered binding the contract must contain at least
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The Psychological Contract Shein (1980) explained the concept of the psychological contract as a set of mutual expectations held between the employee and employer within the workplace. It is an unwritten set of expectations operating at all times. It can also be described as individual beliefs shaped by the organisation that relates to the expectation the employee has in terms of pay‚ fair treatment‚ opportunities etc and the expectations that the employer has in terms of performance‚ loyalty‚ etc
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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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A futures contract is a commitment to make or take delivery of a specific quantity of a commodity or other financial obligation at a predetermined place and time in the future. All terms of the contract are standardized and established beforehand‚ except for the price‚ which is determined by open outcry in a pit or ring on the exchange trading floor of a commodity exchange. All contracts ultimately are settled either through liquidation (by offsetting purchases or sales) or by the delivery of the
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payroll until an approval is received. By initialing‚ you are confirming your understanding and participation in this policy: ______. 3. Start Date. Subject to fulfillment of any conditions imposed by this letter agreement‚ you will commence this new position on ______________‚ or as determined by the client or Rylem. 4. Proof of Right to Work. For purposes of federal immigration law‚ you will be required to provide the Company with documentary evidence of your identity and eligibility for employment
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Marriage Contract: Fact Sheet By: Dwaine Nichol and Andrew Cortellessa Marriage Contract When entering into a marriage‚ the bride and groom may wish to sign an agreement detailing how assets will be divided if the marriage breaks down. Marriage contracts‚ often referred to as pre-nuptial agreements‚ can be drafted and signed before the marriage or during the course of a marriage. Depending on the jurisdiction‚ formal requirements may need to be met (i.e. agreement in writing‚ signatures‚ witnesses)
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