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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Table of Contents Introduction 1 Contracts in Restraint of Trade 1 Case 1: Wrigglesworth v. Wilson Anthony 4 Case 2: Svenson Hair Center Sdn Bhd v. Irene Chin Zee Ling 6 Case 3: Shanghai Hall Ltd v. Town House Hotel Ltd 8 Case 4: Polygram Records Sdn Bhd v. Hillary Ang & Ors & Anor 10 Case 5: Pertama Cabaret Nite Club Sdn. Bhd. v. Roman Tam 12 Case 6: Nagadevan Mahalingam v. Millennium Medicare Services 14 Case 7: Thomas Cowan & Co Ltd v. Orme 16 Case 8: Schmidt Scientific Sdn
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The Social Contract Theory: You Forgot Something The social contract was an idea first introduced by Socrates‚ who used it as a third and final argument for reasoning with the Athenian government. Socrates believed that society rests on an agreement in which each of us gains enormous benefits‚ and in return we agree to support the institutions and practices that make those benefits possible. This “social contract” would later be the basis of morality after being further developed by Thomas Hobbes
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Social contract theory is a theory first talked about by Thomas Hobbes and John Locke and then other philosophers such as Rousseau‚ Paine‚ and Hume; it is a theory suggesting that without state there is the state of nature‚ which is essentially the state of anarchy and consent is made by individuals to create a state as a ‘necessary evil’ as Tomas Paine describes the state. There are two points of disagreement in relation to the state. One is the nature of the state- whether it should be coercive
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The psychological contract in a changing work environment Annette Sharpe The Work Institute Abstract This paper examines how organisation changes‚ driven by economic‚ social and technological changes at the macro level‚ have impacted on the psychological contract. Whilst criticised for being an ill-defined concept‚ it is usually taken to refer to ’the implicit relationship that exists between individuals and their employer concerning perceived mutual obligations and expectations ’. Although its
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1.0 INTRODUCTION ‘Legally binding contract’ is a common legal phrase which indicates that an agreement has been consciously made‚ and certain actions are now either required or prohibited. The meaning of the phrase therefore is that the contract is able to be enforced by the law. For example‚ a lease for an apartment is legally binding‚ because by signing the document‚ the lessor and the lessee are agreeing to a number of conditions. The lessor typically agrees to provide the apartment in a certain
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Historical backdrop Social contract theory raises the chances that necessitate for social order and certain inbuilt constraints might offer us with a natural basis for ethics. It is one of the propositions of political science that the society and state is based on contract. While it might seem that there is well-built impulse for social anarchy without an outside purpose source of morality‚ according to some philosophers like Thomas Hobbes‚ the incentive is built into the social system by the very
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The Social Contract “Man is born free‚ but he is everywhere in chains.” The social contract was originated as a foundation for the citizens‚ the state would only be a source of political power with the option to give or withhold their power. There are several theories of the origin of “The Social Contract”‚ with the earliest being the writings of Plato that were found. Thomas Hobbs also wrote a book with his beliefs about the freedom of people. Hobbs believed that
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Introduction A contract is defined as an agreement enforceable by law. Hence for all contracts there should have an agreement. The agreement arises by one of the parties making an offer and its acceptance by the other party. Both offer and acceptance create an agreement. In simple contract should first contain an offer made by one party to the other. What is an offer? As per Sec 2(a) of the contract act “When one person signifies to another his
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University of Phoenix CJA 540 Randall Norris October 16‚ 2008 Abstract John Locke’s theory of the Social Contract is ”merely a reasoned description of sound government but also a history of government from the earliest scatterings of humans‚ through their association in a social contract‚ to their rebellion when the terms of that contract are breached.” 1 This theory gives us the reason behind the idea that government only works if the people want to be governed.
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