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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Terms The content of a contract are made up of terms (or ‘clauses’ as they are called in the case of written contracts) which may be express or implied. The express terms are the terms which the parties actually stipulated for themselves when making the contract‚ whether orally or in writing. In addition to the express terms‚ the courts sometimes‚ for a variety of reasons‚ imply certain terms into the contract. Implied terms are terms that are not expressly stated in the contract but are deemed to be
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Discuss | Print | | | | Works Contract Composition Scheme - Restriction on input credit for certain input services MARCH 01‚ 2011By Santosh HatwarWORKS Contract (Composition Scheme for Payment of Service Tax Rules‚ 2007 provides that a service provider engaged in provision of ‘works contract service’ has an option to pay an amount of 4% of the gross amount charged for the works contract.For this purpose the ‘gross amount charged for the works contract’ means an amount which includes the value
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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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What is it and how can it help me? Pre-operative assessment (POA) and planning‚ carried out prior to treatment‚ ensures that the patient is fully informed about the procedure and the post operative recovery‚ is in optimum health and has made arrangements for admission‚ discharge and post operative care at home. POA and planning is an essential part of the planned care pathway which enhances the quality of care in a number of ways. * If a patient is fully informed‚ they will be less stressed
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Exceptions Children: When it comes to occupier’s liability there are some exceptions. The law on children says ‘ an occupier must be prepared for children to be less careful than adults’. For instance in the Pearson V Coleman Bros (1948) a 7 year old girl went to the circus with her family. She wandered of to go to the toilets instead she ended up in the animal enclosure and was attacked by a lion. We could argue the law of occupiers liability doesn’t cover the the child as went into a private
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Table of Contents Introduction Accountants’ Liability to the Client and Third-Party A) Breach of Contract B) Ordinary Negligence (Accountant Malpractice) C) Fraud a. Constructive Fraud (Gross Negligence) b. Actual Fraud Accountants’ Liability under Common Law for Third-Party A) The Near-Privity Doctrine B) The Restatement Doctrine C) The Foreseeability Doctrine D) The Balancing-Factors Doctrine Accountants’ Liability under Statutory Law Third-Party A) Securities Act of 1933 B) Securities
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Part A Contracts are an integral part of business and everyday life‚ and are fundamental to construction as the industry relies on the formation of contracts for business agreements. “Contracts are based on the idea of a bargain‚ where each side must put something into the bargain. A contract may be defined as ’an agreement which is binding on the parties’” (Galbraith‚ 1998‚ pg78). There are a number of key components which must be present in the formation of such contracts. Firstly‚ there
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2 MAIN CONTRACT The Employer shall make the Main Contract (other than the details of the Employer’s prices thereunder as stated in the bills of quantities or schedule of rates and prices as the case may be) available for inspection to the Contractor with and‚ if so requested by the Contractor‚ shall provide the Contractor with a certified true copy of the Main Contract (less such details of the Employer’s price)‚ at the cost of the Contractor. The Contractor shall be deemed to have examined the
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Republic of the Philippines DEPARTMENT OF EDUCATION Region I DIVISION I OF PANGASINAN MAPANDAN NATIONAL HIGH SCHOOL Mapandan‚ Pangasinan Instructional Supervision Form 1 PRE-OBSERVATION INFORMATION Teacher:_Velasquez‚ Almira O.___School:Mapandan National High School__ District:_III_________________________Division:Pangasinan I____________________ Year Level: Fourth____________________Subject: English IV_______________________ School Year: 2011-2012________________Semester:________________________________
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