CHAPTER 11 NATURE AND CLASSES OF CONTRACTS CHAPTER OUTLINE A. NATURE OF CONTRACTS 1. DEFINITION OF A CONTRACT general rule. A contract is a legally binding agreement. Stated another way‚ "a contract is a promise or a set of promises for the breach of which the law gives a remedy‚ or the performance of which the law in some way recognizes as a duty." (Restatement‚ Contracts‚ 2d) study hint. The essence of a contract is that (1) by mutual agreement (2) parties create obligations
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Part One: 1. It is a concept where goods are produced without taking into consideration the choices or tastes of customer a. Production Concept 2. It involves individuals who buys products or services for personal use and not for manufacture or resale a. Micro Environment 3. It is the groups of people who interact formally or informally influencing each other’s attitudes and behaviors a. Reference Groups 4. The concept of the product that passes through various changes in its total life
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------------------------------------------------- ------------------------------------------------- TABLE OF CONTENTS PAGE 1 STANDARD OPERATING PROCEDURES (SOP) 2 1.1 Introduction 2 2 ROLE OF THE CONTRACT ADMINISTRATOR 3 2.1 Role and Responsibilities of the Contract Administrator 3 3 PAYMENT PROCESS 4 3.1 AS 4000 - 1997 4 3.2 JCC –C 1994 5 3.3 AS 2124 - 1997 5 4 THE PROCESS OF CASH FLOW IN THE CONSTRUCTION
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INTRODUCTION The law of contract is the collection of legal rules which govern contracts. These rules‚ in turn‚ are part of the law of obligations‚ a subdivision of the law of property which is traditionally regarded as part of private law. Private law governs the persons (legal subject) in their personal or private capacity before the law in relation to other legal subjects. In other word‚ private law can be defined as balance and protect legitimate individual interests. Traditionally private
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Chapter 01 The Changing Role of Managerial Accounting in a Dynamic Business Environment True / False Questions 1. Controlling involves the coordination of daily business functions within an organization. True False 2. Measuring the performance of managers and subunits is not an objective of managerial accounting. True False 3. Middle-level managers would likely be considered internal users of accounting information rather than external users. True False
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Contract Disputes Vanessa Bray Lee Strayer University BUS501-044 December 9‚ 2011 Dr. William Hadyn Roberts “CONTRACT DISPUTES REACH 15-YEAR HIGH”‚ was the heading of an article published‚ December 1‚ 2010 in the Government Executive. The heading in itself tells us that the government is doing more and more business by contract and as a result contractors who are lobbying for government business have become more aware of their rights to file disputes when it involves a loss of potential
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4. NOTES 4.1. THE ESSENTIALS OF A VALID CONTRACT A. ESSENTIAL No 1 The Parties Must Act Within Their Contractual Capacity What is contractual capacity? We view it in relation to the concepts of personality and legal status: PERSONALITY – determines that you are a legal entity or persona. As a result of this personality you acquire legal status ie your legal status defines that legal personality further. STATUS then describes your legal “condition” eg a married woman‚ A public
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contract but do not appear to be a relevant issue here. While it is possible for offers to be "made to the world”1‚ K ’s advertisement is an "invitation to treat"2. It cannot be construed as an offer as it shows no intention on K ’s part to be bound to its terms‚ in contrast to the wording of the advertisement in Carlill v Carbolic Smoke Ba// Co3. Thus A ’s letter to K dated 21 April is the first possibility of an offer. However the terms of this letter are too vague to be construed as an offer
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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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INTRODUCTION AND RATIONALE OF QUASI CONTRACTS:- Under the general heading of the Quasi contract there has been grouped a number of cases which have little or no affinity with contract. A simple illustration is afforded by the action to recover money paid by mistake. If the plaintiff on an erroneous interpretation of the facts‚ pays to the defendant a sum of money which he does not really owe‚ law‚ no less than justice‚ will require he defendant to restore it. But his obligation is manifestly not
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