It is trite law 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
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of the contract Termination of the contract Under common law‚ a contract of employment may be terminated by: (a) Agreement with notice; (b) Death of the employer or employee; (c) Frustration; (d) Insolvency; or (e) Breach. Termination by agreement with notice The ending of a contract of employment is most often achieved without any breach of its terms. A contract can be terminated at common law by either party giving the notice required by the terms of the contract‚ or by
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enter into a short futures contract to sell July silver for $17.20 per ounce. The size of the contract is 5‚000 ounces. The initial margin is $4‚000‚ and the maintenance margin is $3‚000. What change in the futures price will lead to a margin call? What happens if you do not meet the margin call? Problem 5.2. What is the difference between the forward price and the value of a forward contract? Problem 5.3. Suppose that you enter into a six-month forward contract on a non-dividend-paying stock
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Wilburn Western Civilization II Allison Elledge 2/28/14 What is the Social Contract? How was one to be able to be governed and still remain free men? The Social Contract was an agreement that was part moral and part political obligation that depended on the people to form society. The entire contract explains the aspects to answer this question (Rousseau‚ Jean Jacques. "The Social Contract."). The contract states that there is a way for a person to be part of a society‚ yet still be able
Free Political philosophy Social contract Jean-Jacques Rousseau
DISCHARGE OF A CONTRACT Normally the completion of a contract is straightforward as parties carry out their tasks as required. There are four main different ways of ending a contract: a) Discharge by performance b) Discharge by agreement c) Discharge by breach d) Discharge by frustration DISCHARGE BY PERFORMANCE For this the courts expect performance to be exact and complete. This means that it must match contractual obligations RE MOORE AND LANDAUER (1921) If requiring a contract to be complete
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Contract Creation and Management Simulation LAW/531 Span Systems entered into a six billion dollar bilateral contract with Citizen-Schwarz AG (C-S) to develop and implement their new banking software. (University of Phoenix‚ 2002) This paper will discuss an analysis of the issues presented in the Contract Creation and Management Stimulus. C-S personnel started to protect C-S personnel because of the quality of their work. It is possible
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Voidable contract is a contract that has legal effect and force when it is made‚ but is liable to be subsequently annulled or set aside by the courts through the process of recission. Due to the section 10 of the Contracts Act provides‚ all agreements are contracts if they are made by the free consent of the parties competent to contract. As what i’ve been thought and my understanding‚ there are five causes which lead to the voidable contract. They are : 1. Coercion (S.15) 2. Undue influence (S.16)
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Startup Venture Transaction Analysis – Ybrain Generally I think it’s a good decision for Stonebridge Capital to invest in the Ybrain. My investment analysis mainly involves five parts: Market‚ Team‚ Product‚ Business Model‚ and Exit Options. First of all‚ I will look at the industry dynamics and market potential. Ybrain is a combined product of the medical device industry and the wearable tech industry‚ both of which are the emerging growth areas. Compared to the wearable products for general
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Number: Identification card number : Group : Lecturer’s name: The issue in this case deals with invatition to treat ‚ offer ‚ counter-offer ‚ conditional acceptance and acceptance . It also deals with the elements of valid contract. General rule for a binding contract is an offer and an acceptance of the proposal. There must be effective communication to the proposer. It is very important to differeciate a proposal from an invitation to treat. Invitation to treat is a stage of negotiation and
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CONTRACT OF EMPLOYMENT This Agreement is entered into this 09th of February 2011 by between. New Life Pharmaceuticals Inc. PHILIPPINES‚ a corporation duly organized and existing under the laws of the Republic of the Philippines with office address at the 2667‚ Honduras Street Batangas Cor. Brgy. San Isidro Makati‚ Philippines‚ as represented by its General Manager Sreedhar Nagarajan hereinafter referred to as the “EMPLOYER”; -and- Sandeep Toshkani Indian of legal age‚ currently residing at
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