DISCHARGEMENT OF CONTRACT The law of contracts forms a substantial part of our various relationships that can have some sort of influence over us on an almost daily basis – even when there is no physical contract in front of us we may still be privy to some sort of contractual obligation. Alternatively‚ if you’re a fan of social theorists such as Jean-Jacques Rousseau‚ you may argue that we’re also bound by ‘the social contract’‚ but we digress. Getting back to our original point
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TASK 3(P6‚ M2‚ D2) A. Explain the effects of legislation to protect consumer on contract for the sale of goods. The Sale of Goods Act 1979 is an Act of the Parliament of the United Kingdom which regulate contract in which supplies are bought and sold. The Act consolidates the Sale of Goods Act 1893 and following legislation‚ which in twist consolidate the previous ordinary law. The Act lays downward a small number of required legal rules‚ but these limits are least: the size of the Act is concerned
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REMEDIES FOR BREACH OF CONTRACT Failure of buyer to take delivery Section 44 states that‚ when the seller is ready and willing to deliver the goods and requests the buyer to take delivery‚ and the buyer does not‚ within a reasonable time after such request‚ take delivery of the goods‚ he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery‚ and also for a reasonable charge for the care and custody of the goods: Provided that nothing in this section shall
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What is the nature and extent of the employee’s duty of confidentiality? Introduction In every business enterprise‚ there is certain information that employer’s wish to remain confidential. This is particular vital in the global era where there is lower job security‚ higher job mobility and situations where employees work multiple jobs. Employees are bound by the duty of confidentiality‚ where they are forbidden to disclose certain information obtained during the course of employment. The
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inadequate remedy for a breach of contract…equitable remedies include rescission and restitution‚ specific performance‚ and reformation” (Miller & Jentz‚ 2009). Specific performance is an equitable remedy that requests the promised act be performed per the contract. This is not to be confused with any monetary exchange‚ rather that the contract be fulfilled as agreed upon originally. Sometimes the performance is of more value than monetary damages‚ which is why the specific performance remedy appealing
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similar.’1 With both Common Law and Equity offering different solutions to the same legal issues‚ it is argued that for justice there must be consistency with judicial rulings. 2 The current system means that in certain cases the right to an equitable remedy is more valuable. An example of inconsistencies between case verdicts due to Equity and Common Law having different principles is that of having legal and equitable title to property. If a person has the legal beneficial title to a house and the
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health as eating healthy and avoiding processed food. Engaging in types of sports or physical activities. Most importantly going to our primary physician for our annual physical. In my family‚ we have several different cultural based remedies. These remedies have been passed down from my grandparents to my parents. If we have a cuts or scars we use the lemon with salt. If we have a bad cough we take a tablespoon of honey with salt to reduce phlegm. If we detect a signs of strep throat we gargle
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to grant an interlocutory (interim) injunction • Hubbard v Vosper [1972] 1 All ER 1023: A plaintiff is not entitled to an interlocutory injunction simply because he shows a prima facie right‚ and an arguable case as to its infringement. The remedy is flexible and discretionary Perpetual Injunction • Made after a substantive hearing on the merits • Contradistinction to an interlocutory injunction‚ which is a holding measure only Injunctions • Holding status quo or
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Scenario: ABC Care Home is situated in London and caters to care needs of vulnerable people. The service users come from diverse ethnic and religious background and have varied physical and medical needs. (You may choose the category of service users you work with). Assuming you are a care worker working in this Care Home providing care services to the service users: 1.1 Explain how principles of support are applied to ensure that service users are cared for in this Care Home. 1.2 Outlines the
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repudiation must be clear‚ positive‚ and unequivocal. Merely stating that you are not sure if you can complete a contract does not constitute repudiation. Cyril will win the lawsuit for specific performance because the car is unique and no adequate remedy in the form of monetary damages is available to Cyril. Cyril cannot simply go out and purchase a similar car
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