Introduction A contract is defined as an agreement enforceable by law. Hence for all contracts there should have an agreement. The agreement arises by one of the parties making an offer and its acceptance by the other party. Both offer and acceptance create an agreement. In simple contract should first contain an offer made by one party to the other. What is an offer? As per Sec 2(a) of the contract act “When one person signifies to another his
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INTRODUCTION We enter into contracts day after day. Taking a seat in a bus amounts to entering into a contract. When you put a coin in the slot of a weighing machine‚ you have entered into a contract. You go to a restaurant and take snacks; you have entered into a contract. In such cases‚ we do not even realize that we are making a contract. In the case of people engaged in trade‚ commerce and industry‚ they carry on business by entering into contracts. The law relating to contracts is to be found
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was attached to the advert. This case is treated as an offer because it can be accepted without any future negotiations. Another example where the term of offer is not good valuated we can find in sales of land area. Case to support this is Harvey v Facey where the court decided that between them was not a contract just a confusion regarding to the answer to enquiries‚ so was not an offer and not an invitation to treat. The last two areas where the court may presume that certain acts are invitation
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HISTORY OF COMMON LAW | STATUTORY FRAMEWORK * Great Britain (E/W/S) * United Kingdom (GB + NI) * British Islands (UK + Isle of Man + Channel Isles) ENGLISH LAW = The legal system of England and Wales (“the laws of England and Wales” from 1967). These laws mainly deal with issues of property‚ theft‚ inheritance‚ money… The legal system of England and Wales is the basis of most legal systems in the Commonwealth and the US (except Louisiana). THREE MAJOR LEGAL SYSTEMS IN THE WORLD
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In order to advise Dom‚ Shabina‚ rick and Sunil‚ it needs to be established that there is a legally enforceable agreement. A legally enforceable agreement‚ or a contract‚ can be broken down in to five elements; offer‚ acceptance‚ consideration‚ capacity to contract and intention to create legal relations. In this scenario there doesn’t appear to be an issue with capacity to contract and intention to create legal relations‚ so we can assume that they are both satisfied. The issues concerning this
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1.0 Introduction Contract--This term‚ in its more extensive sense‚ includes every description of agreement‚ or obligation‚ whereby one party becomes bound to another to pay a sum of money‚ or to do or omit to do a certain act; or‚ a contract is an act which contains a perfect obligation. In its more confined sense‚ it is an agreement between two or more persons‚ concerning something to be‚ done‚ whereby both parties are hound to each other‚ or one is bound to the other. After learning the law of
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Chapter 2 Donoghue v Stevenson p.45 Donoghue found a snail in the ginger beer and got shocked. She sued Stevenson‚ the manufacture. Manufacturer owed a duty of care to customers. Neighbour test.Grant v Australian Knitting Mills p.48 Dr Grant suffered dermatitis because of the sulphites on the surface of the underwear manufactured by AKM. AKM owed a duty of care in the production of the underwear not to cause injury to Grant. McPhersons v Eaton p.49 Eaton died from the exposure to asbestos
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this case. 1 See eg Carhill v Carbolic Smoke Ball Co. (1893) 1 QB 256 2 Eg Boots Cash Chemist (1953) 1 QB 401 3 Op. cit. 4 G. Scammell & Nephew Ltd v H.C and J.G Ouston [1941] AC 251: but cf. Hillas & Co. Arcos Ltd [1932] All ER 494 5 Eg Harvey v Facey (1893) AC 552 6 (1954) 91 CLR 353 In any event K directs A to sign and return the contract "by express
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Rules of consideration 1. The consideration must not be past. Re McArdle (1951) Ch 669 Majorie McArdle carried out certain improvements and repairs on a bungalow. The bungalow formed part of the estate of her husband’s father who had died living the property to his wife for life and then on trust for Majorie’s husband and his four siblings. After the work had been carried out the brothers and sisters signed a document stating in consideration of you carrying out the repairs we agree that the executors
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Offer and acceptance | Contract law | Part of the common law series | Contract formation | Offer and acceptance · Mailbox rule Mirror image rule · Invitation to treat Firm offer · Consideration | Defenses against formation | Lack of capacity Duress · Undue influence Illusory promise · Statute of frauds Non est factum | Contract interpretation | Parol evidence rule Contract of adhesion Integration clause Contra proferentem | Excuses for non-performance | Mistake · Misrepresentation
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