http://definitions.uslegal.com/o/oral-contract/ [Accessed: 1 Nov 2013]. Definitions.uslegal.com. n.d. Implied Terms in a Contract Law & Legal Definition. [online] Available at: http://definitions.uslegal.com/i/implied-terms-in-a-contract/ [Accessed: 5 Nov 2013]. E-lawresources.co.uk. n.d. Conditions‚ warranties and innominate terms. [online] Available at: http://www.e-lawresources.co.uk/Conditions‚-warranties-and-innominate-terms.php [Accessed: 5 Nov 2013]. Irby‚ L. n.d. written contract. [online] Available
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A311: Final Exam Review Chapter 10 1. Interest Capitalization Delmar Corporation borrowed $200‚000 at 12% interest from state Bank on January 1‚ 2013‚ for the specific purpose of constructing special-purpose equipment to be used in its operations. Construction on the equipment began on 1/1/13‚ and the following expenditures were made prior to the project’s completion on 12/31/13: Expenditures Made in 2013 January 1 $100‚000 April 30 150‚000 November 1 300‚000 December 31 100‚000 Total Expenditures
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What is the definition of a contract? An agreement between two or more parties for the doing or not doing of something specified. Describe the various types of contracts. 1) Bilateral and Unilateral 2) Express and Implied 3) Executory and Executed What elements does a contract need to be enforceable? 1) Agreement 2) Legality 3) Consideration 4) Capacity What elements would constitute a discharge of a contract? 1) Material breach 2) Minor breach 3) Anticipatory breach
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DEPARTMENT EXAM TEST BANK SPRING 2011 True/False Indicate whether the sentence or statement is true or false. __F___ The Offeror Is The Party With The Power To Decide Whether To Create A Contract. __T___ An offer made as a joke‚ where a reasonable person would conclude that it was made as a joke‚ cannot result in a contract. __T___ The communication of an offer can be made by the offeror or the offeror ’s agent. __T___ Generally‚ advertisements‚ catalogs‚ price lists‚ etc. are not treated
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POPCAP GAMES‚ INC. END USER LICENSE AGREEMENT THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN POPCAP GAMES‚ INC. ("POPCAP") AND YOU AND‚ IF APPLICABLE‚ THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY‚ "YOU" AND "YOUR") REGARDING THE GAME SOFTWARE THAT YOU ARE INSTALLING‚ INCLUDING ANY ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY POPCAP AS PART OF‚ OR IN CONNECTION‚ THEREWITH (COLLECTIVELY‚ THE "GAME"). BY CLICKING THE "I AGREE" BUTTON
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contract. e.g. Did not act in reliance upon the offer‚ there was no acceptance of the offer‚ and therefore no contract between the parties.(R v Clarke) (2) Counter offer ‘kills’ the original offer and itself becomes the offer e.g. (Hyde v Wrench) (3)Implied by actions Acceptance may be by word of mouth‚ writing or conduct. e.g. Constituted an acceptance by
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within the scope of his/her authority. An agency relationship can be created in one of four ways. Express agreement‚ implied agreement‚ operation of law and ratification. Express agreement is a contract‚ oral or written which contains the intentions of the involved parties in words. Implied agreement can be effective in two situations; if actual authority implies it or if it is implied via estoppel. In the case Australia and New Zealand Bank Ltd v Ateliers de Constructions Electrocutes de Charleroi
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Liebeck purchased‚ so the coffee would be considered defective. The coffee would also breach the implied warranty of merchantability; at 190 degrees‚ it was not fit for drinking. The 190 degree coffee would also breach the implied warranty of fitness for particular purpose since it injured Liebeck when she tried to “use it.” On the basis and proof of product defect and the breaches of implied warranties‚ Liebeck deserved a favorable decision (Cain‚
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Notes Intention – SOCIAL OR DOMESTIC- do not intend to create legal relations. Balfour v Balfour (1912) Categories of rebuttal – The nature of the document (if drafted by solicitor) - Agreement may expressly state legal relations - Surrounding Circumstance may indicate intention Merritt v Merritt (1970) -Significant reliance on promise- consequences are sufficiently serious. Wakeling v Ripley (1951) - COMMERCIAL NATURE- do intend to create legal relations. Edwards v Skyways (1964)
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Assignment On Aspects of Contract and Negligence for Business Submitted by: Marian Daniel Neata Submitted to: Brit College Date of submission: 02/06/2014 Contents Introduction: A business organization has to face many criteria to conduct business in the worldwide business arena. Different domestic and international rules and regulations help to expand business and sometimes create barrier to the business. The law has an incredible effect
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