CONTRACT LAW – LECTURE 4 Promissory estoppel Is about the enforceability of all alteration promises (promises to pay more and promises to accept less) and by contrast estoppels does not apply to promises about the formation of initial contracts Ex. If a creditor promises to accept a smaller sum in full settlement intending the debtor to rely on that promise‚ and the debtor does rely on it‚ the debtor may have a defence of promissory estoppels when sued for the balance by the creditor. The promise
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1950. The law applicable are Sec 26 of CA has stated that agreement made without consideration is void. According to Sec 2(d) of CA‚ consideration is an act or abstinence or promise by the promisee or any other person as required by the promisor in return for his promise. Literally‚ it means something that is given in return for something else. On the other hand‚ there was an exceptions under Sec 26 of CA which is an agreement without consideration is void unless the contract made on account
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This situation between John and Mark is kind of unique. John signs a contract to sell some of his property to Mark on August 1st‚ but John delays the date until November 1st and we do not know the reason for Johns delay. This makes Mark must incur additional expenses for his national dog breeding company called Remington Sporting Dog Breeders. Mark must find a suitable alternate location to house his dogs until the new November closing date. Before I read the chapters this week I looked over this
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Transcript(s) Full text of judgment Judge(s) sitting Willes J‚ Byles J and Keating J Felthouse v Bindley (1862) EWHC CP J 35‚ is the leading English contract law case on the rule that one cannot impose an obligation on another to reject one ’s offer. This is sometimes misleadingly expressed as a rule that "silence cannot amount to acceptance". Later the case has been rethought‚ because it appeared that on the facts‚ acceptance was communicated by conduct (see‚ Brogden v Metropolitan Railway). Furthermore
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Role and Functions of Law LAW/421 November 3‚ 2014 Charles Hughes Role and Functions of Law “Law plays a significant role in the successful operation of business and society” (Bushman‚ 2007). Laws create order and allow a government to instruct citizens on what is acceptable behavior. These laws‚ better known as public laws‚ provide a clear set of rules for citizens to follow. What is Law? According to Melvin‚ law is defined as “a body of rules of action or conduct prescribed by controlling
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JUDGMENT V.N. Khare‚ CJI 1. This appeal which arises out of a judgment and order dated 23-11-2001 passed by the High Court of Kerala at Ernakulam revolves round the question as to whether an arbitration clause in a contract agreement survives despite purported satisfaction thereof. 2. The parties to this appeal entered into an agreement for a project at Kayamkulam. Upon completion of the work the respondent herein submitted final bill which was allegedly not accepted by the appellant‚ where
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OUTLINE OF LECTURE IN LAW ON CONTRACTS (Defective Contracts) 1. Defective contracts a. Rescissible contract – valid until rescinded; b. Voidable contract – valid until annulled; c. Unenforceable contract – cannot be sued upon or enforced unless ratified; d. Void contract – no effect at all‚ cannot be ratified or validated 2. Rescission Rescission is the remedy granted by law to the contracting parties and sometimes even to third persons in order to recover indemnity
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Role and Functions of Law LAW 421 Role and Functions of Law The role and functions are all based on its purpose; the purposes of law begin when domination and power of higher authority had no consideration for the rights of individuals (Melvin). The United States has created laws to help justice in society from many angles‚ in this case education and the workplace‚ and promoting good faith dealing among businesses. There are four sources (primary sources) of law that have federal and state
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Law of Agency – the Contracts Act 1950 Great Northern Railway Co v Swaffield states that where impossible to get principal’s instructions‚ the agent’s action is necessary to prevent loss and the agent has acted in good faith‚ an agency of necessity arises. The Contracts Act 1950 states that an agent has to obey principal’s instructions. The Contracts Act 1950 states that an agent has to be careful‚ diligent and use any skill that he may
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charter‚ the evidence shall not be excluded if it is established that‚ having regard to all the circumstances‚ the admission of it in the proceedings would bring the administration of justice into disrepute (charter). If the court finds that a Charter breach has occurred‚ the evidence should not be excluded pursuant to section 24(2) of the Charter. The test set out in R v. Grant
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