2nd Assignment: Suggested Answer 1. The legal issue revolving around this case is that whether a valid legally-binding contract has been entered into between David and John‚ and‚ if that is the case‚ whether David is able to sue John for his breach of contract resulting from his sale of the shop to Nancy. In general‚ a legally binding contract is an agreement made between two or more persons‚ by which rights are acquired by one or more to acts or forbearances on the part of the other
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ESSENTIAL REQUISITES OF CONTRACTS Article 1318. There is no contract unless the following requisites concur: 1. Consent of the contracting parties; 2. Object certain which is the subject matter of the contract; 3. Cause of the obligation which is established. Article 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance
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Procedure: A suit was filed by Gary Porter in the Utah State Court against Fox with alleging breech of an implied-in-fact contract. The court granted summary judgment for Porter‚ which Fox later appealed to a state intermediate court. Issue: If sections of a contract are left out by mistake‚ is the contract still valid and enforceable? Were all the requirements of an implied-in-fact contract met? Holding: Yes Reasoning: The appellate court affirmed the lower courts summary judgment in favor of Porter
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Understanding the concept of contract is the important thing in answering this question.” A contract may be defined as an agreement between two or more parties that is intended to be legally binding”. This answer will highlight the main points to see the differences between an offer and an invitation to treat.” An offer may be defined as a statement of willingness to contract on specified terms made with the intention that‚ if accepted there will arise a binding contract”. On the other side‚ invitation
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he sent Bob an offer to lease Oceanhaven for the season. Was there an indirect revocation of the offer on February 4th? The knowledge by an offeree from a reliable source that offeror can not perform. It requires acts inconsistent with the contract. The facts assert that Bob learned about Oceanhaven no longer being available on February 4th. Further‚ Bob heard this information from his real estate agent. Since his real estate agent is probably in the business of knowing what properties are
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Introduction Contract are an integral part of our daily lives. They are constantly being entered into by individual with other individual or businesses ‚ as well as businesses with other businesses‚ to sell or transfers property‚ to provide and receive services and other rights and obligations created. To sale and purchase of goods is based on sale contract‚ the hiring of employees is based on employment contracts; the lease of property or house is based on a rental or lease contract; and so the
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and sales department. Being an agent for Star Boat‚ Tom frequently concluded contracts with a number of suppliers for acquiring certain parts to manufacture boats. Smooth Sailing was one of the suppliers. Tom resigned from Star Boat in July 2012 upon being offered a better position in Star Ferry. However‚ he acquired 4‚000 parts from Smooth Sailing in August and manager of Smooth Sailing did not notice that in the contract Tom indicated his signature as “manager‚ Star Ferry” and thought they were
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Course Information and Policies Summer I - 2014 COURSE TITLE: General Biology for Science Majors I- Lecture COURSE NUMBER: BIOL 1406 INSTRUCTOR: Mrs. Shahdi Jalilvand‚ MS‚ PT OFFICE LOCATION: TCC-Southeast ESCT-3123A OFFICE TELEPHONE #: 817-515-3134 OFFICE EMAIL: shahdi.jalilvand@my.tccd.edu OFFICE HOURS: TBA You must be registered for both lecture (Biol 1406 Lecture) and lab (Biol 1406 Lab). The lecture portion comprises 70% of the final course grade. The lab portion
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Chapter I INTRODUCTION This chapter presents the introductory part of the study. It contains the background information of the study‚ statement of the problem‚ significance of the study the scope and limitation of the study‚ operational definition of terms‚ and conceptual frame work of the study. Plastic waste is one of the major components in solid waste‚ and considered as one of environmental problems in the Philippines particularly in the urban areas. Plastic shopping or carrier bags are
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INTRODUCTION Credit to the SME sector has been a priority area for the policy makers of our country. This is evident from the recent announcements about the stimulus package during global economic slowdown and also in recent Monetary and Credit policies and Union Budgets. The Small and Medium Enterprises (SMEs) have been playing an important role in the social and economic development of our country. They often act as a entrepreneurship nursery. They play a key role in economical development
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