Question 1 When a case of negligence is filed‚ three elements must be proven and justified in order to sustain a lawsuit. These three elements include: i) Defendant owed a duty of care to plaintiff ii) Defendant breached the duty of care iii) Defendants breach of duty caused injury or damage to plaintiff There are several parties of defendants involved in this case including Bart‚ the owner of 1 Main Street‚ the initial property where the fire broke out; Provincial Insurance Inc. for the
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1. Voidable Contract: An agreement which is enforceable by law at the option of one or more of the parties thereto‚ but not at the option of the other or others‚ is a voidable contract. A contract is voidable when one of the parties to the contract has not exercised his free consent. One of the essential elements of a formation of a contract for example‚ free consent‚ is absent. All voidable contracts are those which are induced by coercion fraud or misrepresentation. The person whose consent is
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contract comes in to existence‚ invitations to treat‚ offer‚ acceptance and counter offers.) Criteria M1 Task 2 Taking what you have done with P1 a stage further‚ write up and analyse the impact of the requirements of the contract you have chosen. (Don’t forget look at the strengths and weaknesses of the formation of the contract‚ include relevant problems that you have looked at such as: good or weak about the offer‚ implications of pricing through invitation to treat‚ clarity of communication
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this contract Rick would have all the bargaining power as he is the one making the offer which the sop accepted. The type of contract that was formed with Rick was a standard form contract as Rick has all the bargaining power. For a valid contract to be formed there must be an offer made which was seen in the case Carlill v Carbolic Smoke Ball Company [1893] in this case an offer was made to the whole world. Once offers has been made this will then have to be accepted‚ acceptance can be seen in the
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BUSINESS LAW ASSIGNMENT MANAGEMENT AND DEVELOPMENT INSTITUTE OF SINGAPORE UNIVERSITY OF BRADFORD DIPLOMA IN BUSINESS MANAGEMENT DBMD21176B BUSINESS LAW ASSIGNMENT GROUP MEMBERS NO NAME FIN NUMBER PM 1. SHIVRAJ PATEL G1099448P 2. DINESH JAGWANI G1096070W 3. ANDREY SAPUTROSUGO G1100087N DATE: ANALYSIS /40 RESEARCH /30 ORGANIZATION /15 PRESENTATION /15 NAME OF LECTURER: Mr. DANIEL THEYAGU BUSINESS LAW ASSIGNMENT CONTRIBUTION TO THE CLASS ASSIGNMENT MADE BY
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between two or more parties with the intention of creating certain legal rights and obligations and enforceable in a court of law [1]. For a legally binding contract to exist the following elements must be satisfied: 1. An offer must exist 2. The offer must be accepted 3. Consideration must pass between the parties 4. The parties must intend the agreement to be legally binding 5. The parties must have the legal capacity to enter into a contract 6. The contract
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following: Invitation to Treat: When Bill said to James‚ “I may be prepared to buy ten televisions from you for £2000”. Then the statement of Bill is an invitation to treat for using in bill’s statement ‘I may be prepared to buy’. According to Givson v Manchester City Council [1979] 1 WLR 294: there was no binding contract because there never was an offer made by the Council. The Council’s letter stating that it ‘may be prepared to sell’ was merely an invitation to treat. Offer: Offer should to
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as the rejection of offer‚ leaving a voicemail to accept the offer‚ letter been posted on the same day and also a note through the door stating that offer has been accepted by David. First of all‚ in our case Arthur decides to sell his car putting a notice in his rear window of the car door. This action represents an offer not an invitation to treat. An offer is when one party makes an agreement setting out the terms of the contract and other party accepts an offer. An offer is clearly differentiated
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elements of agreement that are required for the formation of a legal contract. The elements of an agreement that are required for the formation of a legal contract is that it should consist of both offer and acceptance. This being said‚ there are principles that constitute an offer and acceptance. An offer consists of the element of promissory. This means that there must be an undertaking or promise to give or do something. This is shown in the Placer Development Ltd v Cth case‚ where the Commonwealth
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1. How do you distinguish between an offer and an invitation to treat? The word ‘proposal’ bears the same meaning as ‘offer’ in English law. Offer is an agreement between two or more parties is constituted by a proposal and an acceptance of it. An offer is made ‘when one person signifies to another his willingness to do or to abstain from doing anything‚ with a view to obtaining the assent of that other to such act or abstinence’. For instance‚ thus A‚ by offering to buy B’s car for $10‚000
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