Contract Law Introduction In the following case note I will examine the High Court case; Smart Telecom Plc. V Radio Teilefis Eireann & Glanbia Plc. [2006] IEHC 176. The essence of this case is one involving a request for tenders put forward by RTE for sponsorship and the subsequent refusal of Smart Telecom’s referential bid thereto. The questions raised were (1) whether referential bidding was a permissible term of RTE’s offer and (2) if not‚ were they were obliged to re-tender the contract
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Introduction For parties to be bound by an agreement‚ it must first be determined if a prima facie valid and enforceable contract exists. A contract can be defined as an agreement containing promises made 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
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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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CONTRACT OF LAW Contract can be defined as ‘an agreement enforceable by law’. In other words‚ a contract is an agreement made between two(2) parties or more which is legally binding between the parties. There are six (6) basic elements in the contract : 1. Offer refers to a proposal that is capable of being converted into an agreement by its acceptance. Section 2(a) of Contract Act 1950 provides that when a person signifies another his willingness to do or to abstain from doing anything‚ with
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It is trite law that an insurer under a contract of indemnity insurance‚ who has satisfied the claim of the insured‚ is entitled to be placed in the insured’s position in respect of all rights and remedies against other parties which were vested in the insured in relation to the subject-matter of the insurance1. Where the insured has proceeded against the third party after the insurer had paid out the claim and without the insurer’s authority as happened in Visser v Incorporated General Insurances
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Topic 3: Breach in contract 1) Breach of contract: Spanish Contract Law provides a broad notion of breach of contract for any behavior that departs from the specified behavior in the contract in any way (time‚ quality‚ substance‚ etc.) or is not specially justified on legal grounds (actions forbidden by the government are not breaches since they are justified on a legal ground). The general benchmark to determine breach is the contract agreed by the parties themselves‚ and not external notions
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What is the subject matter of economics? What role does the “division of labour” play in defining this subject matter? Quoting Michael Yates‚ “The subject matter of economics is the production and distribution of output…” (Yates‚ 2003). So what does this say to me? Simplifying‚ this says to me that Economics is a way of explaining the world. With studies dating as far back as Aristotle’s interest in the various forms of state‚ how can one ever fully understand the complexities of economic
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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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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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The Church’s role in a Puritan Marriage In the play The Crucible by Arthur Miller‚ the church’s role in a Puritan marriage is very accurately described. Marriage is when a man and a woman come together and form a holy bond under God. The Puritan church had a very important role in a marriage during the 1700s; People lived their lives and based their marriages off of what the church was teaching. A very good example shown in the play is the marriage of John Proctor and Elizabeth Proctor. The church’s
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