LAW OF CONTRACT NOTES INTRODUCTION. A contract is an agreement between two parties which is enforceable by law.An agreement is made when a person signifies his willingness to do or to abstain from doing anything with a view of obtaining the assent of the other party. Such act or abstinence is said to make a proposal.The person making the proposal is called the offeror and the person accepting the proposal is called the offeree TYPES OF CONTRACTS: Contracts may be classified into: -Written
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Misrepresentation Step 1. Determine whether the meaning of the representation is false or not – objective test Step 2. Three possibilities of a misrepresentation: 1) It is a term of the contract; 2) It constitutes a collateral contract; 3) Does not acquire contractual status at all. Step 3. Results: 1) Rescission of the contract; 2) Damages in tort (if the tort of deceit or the tort of negligence can be made out) Smith v Lane & House Property Corp This case deals with the situation
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SCHEDULE “A” 1. The Plaintiffs claim from the Defendants: (a) payment of the sum of $25‚000.00; (b) pre-judgment and post-judgment interest on the sum of $25‚000.00 calculated pursuant to the Courts of Justice Act‚ R.S.O. 1990‚ c.C43‚ as amended; (c) costs of this action on a substantial indemnity basis; and (d) such further and other relief as this Honourable Court deems just. 2. The Plaintiff‚ Nayan Patel (“Nayan”) is an individual now residing in Barrie‚ Ontario. Nayan
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induce the representee to enter the contract not made to be binding Merely representational/description with no promissory intent – truth not guaranteed by their marker LACK ANY CONTRACTUAL FORCE False representations may constitute a misrepresentation innocent party may be able to rescind the contract‚ or attract remedies under statue (misleading and deceptive conduct) Legal action is limited to actions in negligence or fraud (deliberately lied to you) or misleading or deceptive conduct
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Major Themes Appearance vs. reality Especially relevant to the issue of Iago’s character; for although he is called "honest" by almost everyone in the play‚ he is treacherous‚ deceitful‚ and manipulative. Also applies to Desdemona‚ as Othello believes that she is deceitful and impure‚ although she is really blameless and innocent. Race Race is an extremely important theme; it has a great amount of influence on how people regard Othellofor those who distrust black people merely on looks never
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1) A contract is an agreement made between two or more parties which are recognised by Law. There have been many scenarios such as the rejection of offer‚ leaving a voicemail to accept the offer‚ letter been posted on the same day and also a note through the door stating that offer has been accepted by David. First of all‚ in our case Arthur decides to sell his car putting a notice in his rear window of the car door. This action represents an offer not an invitation to treat. An offer is when one
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The main focus in this discussion is mistaken identity‚ where one party is mistaken as to the identity of another. Mistaken identity may happen in two different ways‚ at a distance or face to face. Mistaken identity is mostly due fraudulent misrepresentation by one party to another. However‚ it may operate in a different way‚ for example‚ A made a contract with B‚ believing B to be C‚ and B knows or ought to know of A’s mistake and he does nothing to correct it. The purpose is to give a clear explanation
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Discuss the requirements for a valid contract. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law. www.wikipedi.org A contract is a binding agreement between two or more people stating to do something or refrain from doing something. Not all agreements are classified as contracts. A contract is known as an acceptance or offer enforced by law between two or more people. When creating a contract
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........... 9 Contract Interpretation: General Approach ............................................... 10 Contract Interpretation: Implied Terms ...................................................... 10 Things that Go Wrong 11 Misrepresentation ........................................................................................ 11 Mistake .......................................................................................................... 13 Illegal Contracts ......
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Symptoms* - Symptoms most closely match which disorder - Illustrates what category(ies) of common media misrepresentations (when applicable) - Accurate reps - Misreps *We will cover all above items except synopsis and symptoms in lecture. You will want to note a short synopsis and a brief listing of symptoms when you read the stories and view the films. Week 1 Major categories of misrepresentation Diagnosis DSM-IV Axes & DSM 5 moving from and to: Comorbidity Misperceptions of "insanity" defense
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