Question 1. Outline and describe the ways in which an Agency Contract may be established. Agency According to Nicole Busby‚ an agency is a contractual relationships that entitles one party to act on behalf‚ or in favour of‚ the other party in contractual arrangements with a third party. In this regardthese circumstances‚ the former is known as an “agent” and the entity on whose behalf the agent performs is called a “principal”. Generally‚ the agency relationships arises in commercial transactions
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Introduction To Contract Law: A contract is ’a promise or set of promises which the law will enforce’ (Pollock Principles of Contract (13th Edn) 1). The expression ’contract’ may‚ however‚ be used to describe any or all of the following: 1. that series of promises or acts themselves constituting the contract; 2. the document or documents constituting or evidencing that series of promises or acts‚ or their performance; 3. the legal relations resulting from that series. A contract may be defined
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general offer? How is a contract created through general offer? Refer to leading cases. An offer may be made to the world at large. Such an offer is a general offer. However‚ a contract is not done with the whole world but only with the person who comes forward and accepts the offer. The acceptance might be express or implied. As per Anson‚ "An offer need not be made to an asertained person‚ but no contract can arise until it is accepted by an ascertained person". Case of Carllil vs Cabolic Smoke
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Lecture 8 Law of Contract: Genuine Consent INTRODUCTION Although the contract may have the essentials of a valid offer‚ acceptance‚ legal intentions and consideration‚ its validity or enforceability may be affected by a number of factors. The agreement may be wanting in genuine consent between the parties. That is‚ although the parties may appear to have reached an agreement‚ it may not have been genuinely achieved because of misconduct‚ pressure‚ unfairness‚ or fear by those involved
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Case Scenario: Big Time Toymaker Jennifer Ferrante LAW/421 – Contemporary Business Law Date August 18‚ 2013 Instructor Name Jane Schneider Case Scenario: Big Time Toymaker In week four’s theory practice‚ we reviewed the case scenario of Big Time Toymaker vs Chou in regards to determining the validity of a contract. As we’ve reviewed‚ an agreement or mutual assent is of course essential to a valid contract but the law imputes to a person an intention corresponding to the reasonable meaning
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Contract Law 1 Intention to Create Legal Relations In order for a contract to be valid there must be intention to create legal relations. Enright notes ‘the requirement of intention to create legal relations is a final doorkeeper in contract. It determines which agreements supported by consideration shall be covered by contract law and which shall merely be morally binding.’ This requirement was expressly stated for the first time in Heilbut‚ Symons & Co V Buckleton. Friel notes that important
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Scenario Jannah the buyer and Grace the seller of a clothing stall. Jannah wanted to buy 50 t-shirts of each 5 designs and colors she has chosen which are Blue‚ Red‚ Yellow‚ Green and White for an event that she has prepared‚ but since the stall didn’t have enough stock of the t-shirts Jannah ordered 250 t-shirts of different designs. Jannah and Grace made a contract wherein the t-shirts can be delivered in a later date. The contract was made on August 23’ 2016 and the date set for the t-shirts
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Human Services Case Manager Exercise Case Study 1 Location: Family Support Services Center Staff member: Tom Martin * Demographics * Age: 32 * Gender: Male * Marital status: Divorced * Race or ethnicity: Caucasian * Years with agency: 4 * Staff member history and current assessment * Employed as an individual counselor for adult clients * Considered an adequate‚ but not outstanding‚ counselor * Two previous client complaints
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In 421‚ Kant assets that to be a moral being‚ we can engage in actions or act according the maxim or principle in which that maxim could become by our will a universal law. This maxim or principal is applicable to everyone and I could not be of exception. According to the categorical imperative‚ we must comply with certain duties. Kant draws a distinction between perfect duties and imperfect duties. A perfect duty is a maxim‚ which one must always do. An imperfect duty shall not be ignored‚ but
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There are four main elements that must be in a contract to deem it valid. The first of which is an offer. The offer is the initial start to any interaction from one or more parties intending to enter into a contract. An offer is defined as‚ the price at which an individual is willing to sell a security or commodity. This is the opposite of bid‚ which is the price at which an individual is willing to buy a security. An offer is the same as an Ask. The person to make the offer or have something
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