an era where the exercise of law of freedom were extremely restricted. In today’s English law‚ freedom of contract is one the foundation of contract law. The existence of freedom of contract requires three main considerations: the freedom to contract or not to contract‚ the freedom to choose with whom to contract‚ and the freedom to decide the terms of the contract. Thus parties are totally free to engage or not to engage in agreements. However‚ freedom of contract can fail to have the desired
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Misrepresentation Step 1. Determine whether the meaning of the representation is false or not – objective test Step 2. Three possibilities of a misrepresentation: 1) It is a term of the contract; 2) It constitutes a collateral contract; 3) Does not acquire contractual status at all. Step 3. Results: 1) Rescission of the contract; 2) Damages in tort (if the tort of deceit or the tort of negligence can be made out) Smith v Lane & House Property Corp This case deals with the situation that a statement
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Electronic contracts & the Indian law This document is an extract from the book Ecommerce - Legal Issues authored by Rohas Nagpal. This book is available as courseware for the Diploma in Cyber Law and PG Program in Cyber Law conducted by Asian School of Cyber Laws www.asianlaws.org Ecommerce - Legal Issues 4. Electronic Contracts Contracts have become so common in daily life that most of the time we do not even realize that we have entered
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LABOUR LAW LECTURER: MR MUPANI NAMES: TAFADZWA N MOYO M112877 TAFADZWA MUTIWANYUKA M BELIEVE G MBULAWA M TERENCE MATASHU M ABIGAIL MABVIRAKARE M CARLEEN KATURUZA M FRANCISCA ZVENYIKA M MARY SHIRICHENA M Labour law according to Gwisai (2006) refers to the system of rules that regulate the voluntary relationships arising from the workplace and whose enforcement is guaranteed by the state as law. According to the labour act Chap 28.01‚ labour law is referred
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Labor Contract Law of PRC (English version) The Labor Contract Law of the People’s Republic of China was adopted at the 28th Session of the Standing Committee of the 10th National People’s Congress of the People’s Republic of China on June 29‚ 2007 and is hereby promulgated and effective as of January 1‚ 2008. President of the People’s Republic of China: Hu Jin-tao Labor Contract Law of the People’s Republic of China (adopted at the 28th Session of the Standing Committee of the 10th National
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LAW/421 Version 1 Contemporary Business Law Individual Assignment: Role and Functions of Law Paper Laws are set by government to create a better society and business transactions. Laws are created and do force us to give some our freedom to be able to live in a safe environment and feel comfortable to make transactions. Through Laws it helps adjust social behavior‚ which allows society to work effectively. Laws also are put forth to have ethical standards in society and business‚ so that no one
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Law of Contract II Semester 2‚ 2011 Word Count: 1932 A party’s right to terminate a contract arises from a particular type of breach of contract by another party. The facts of the breach and the nature of the term breached in each case inform the party with whose contract has been terminated‚ as to whether it is lawful or not. Common law rights to terminate arise in one or more of the following three ways: * Any breach of a condition of the contract; * A serious breach of an intermediate
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Mutual Mistakes in Contract Law 4-3 Mutual Mistakes in Contract Law Southern New Hampshire University Abstract In contractual law‚ a mutual mistake is: “Where a mistake of both parties at the time of contract was made as to a basic assumption on which the contract was made has a material effect on the agreed exchange of performances‚ the contract is voidable by the adversely affected party unless he bears the risk of the mistake under the rule stated in 154.” (Rasmusen‚ 1993) 4-3
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ASPECTS OF CONTRACT LAW 1) A contract by definition is a form of agreement that binds two or more parties who can involve in a legal relationship and will be bound to perform according to the terms and conditions that are agreed upon in the contract. 2) The essential elements of a contract are: Agreement: it is determined by the regulations of offer and acceptance. It is the most essential element and the very first one. An agreement is made when the offerer proposes his offer and the offerree
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Week 3 Individual Assignment John Herget Law/421 December 11‚ 2012 Mr. Hedeicke Abstract The following paper will examine an article detailing the definition intellectual property. Additionally‚ it will make example of the laws that govern and protect the creation and use of intellectual property. Week 3 Individual Assignment A large business has been made through sales of creations of the mind. These include inventions‚ artistic works‚ manuscripts‚ images‚ designs
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