over eighteen and are of sound mind and in the each scenario they intend to enter a legally binding contract. For a contract to come into existence there have to be three steps involved: • Agreement (Offer and Acceptance) • Consideration • Intention to create legal relations All three scenarios are supported by “consideration”. The general idea of consideration is that contracts involve an exchange in which both parties give something in exchange for the promise of the other
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In Business‚ contracts can be considered as the heart of dealings and have to be taken with utter most consideration of the acceptance‚ however in order to understand in depth a binding agreement‚ we must first discuss‚ what determines a contract or binding agreement. These can be defined as “an agreement which the law will enforce” as well as a “promise or set of promises which the court will enforce”. To facilitate a binding agreement‚ an acceptance must occur and must be absolutely unconditional
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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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BREACH OF CONTRACT 1. 2. 3. 4. 5. Default of the debtor (Mora Debitoris) Default of the creditor (Mora Creditoris) Positive malperformance Repudiation Prevention of performance (rendering performance impossible) Default of the debtor (Mora Debitoris) Any obligation under a contract has a time limit for its performance‚ be it an agreed fixed period or in the absence thereof a reasonable period. If the debtor neglects or fails to perform timeously‚ he/she commits breach of contract. Lawyers then
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Contract Scenario Stanley Moore Business Law 575 December 2‚ 2013 Professor Thomas Kershaw Contract Scenario Recently‚ Danny Davidson sold a family home to his friends Paul and Priscilla Peterson whereby entering into a $250‚000 verbal agreement for the purchase of new home. However‚ Danny neglected to tell Paul and Priscilla about Ned the neighbor and the emerging dispute pertaining to the boundaries of the south property. Once the purchase was final the Petersons proceeded to invest an
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Essential Elements of Contract Contract represents the instrument to enforce promises. Not all statements amount to enforceable promises or contracts. To enforce statements there are a number of elements which courts look for and these mainly include the presence of offer‚ its communication‚ its unconditional acceptance and communication of the acceptance. Once this has taken place then the element of consideration gives the badge of enforceability to the contract and the contract is then enforceable
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CONTRACT OF EMPLOYMENT This Agreement is entered into this 09th of February 2011 by between. New Life Pharmaceuticals Inc. PHILIPPINES‚ a corporation duly organized and existing under the laws of the Republic of the Philippines with office address at the 2667‚ Honduras Street Batangas Cor. Brgy. San Isidro Makati‚ Philippines‚ as represented by its General Manager Sreedhar Nagarajan hereinafter referred to as the “EMPLOYER”; -and- Sandeep Toshkani Indian of legal age‚ currently residing at
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A stranger to a contract can’t sue…!!!! Submitted by:- Ankit Bhardwaj 091004 M.B.A. III sem. The basic answer to this question is ‘NO’‚ as the following literature supports and explains this fact effectively. A contract is an agreement between two or more parties that creates an obligation to do or not to do something. The parties
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CONTRACTS IN BUSINESS On the 10th of September an offer was distinguished between Huddersford Electronics Ltd (HE ltd) and Gem Computer Stores (GCS). The offer was an invitation to treat as there is an entitlement that an offer could accepted and therefore‚ a contract could be formed. An offer is formed as HE ltd posted an offer to sell 10 laptops to GCS‚ keeping the offer open until the 24th September. A statement is made by HE ltd who is giving information to GCS expressing an intention to sell
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“The parties to an executory contract are often faced‚ in the course of carrying it out‚ with a turn of events which they did not at all anticipate – a wholly abnormal rise or fall in prices‚ a sudden depreciation of currency‚ an unexpected obstacle to the execution‚ or the like. Yet this does not in itself affect the bargain which they have made…” (per Lord Simon in British Movietonews Ltd. v. London and District Cinemas [1952] A.C. 166 at 185). Discuss this dictum and explain the respects in
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