CONTRACT LAW- EXAM NOTES What is a contract? An oral or written agreement between two or more parties which is enforceable by law. This agreement ‘will be legally binding if certain criteria are met – briefly‚ they require that there be an agreement (comprising an offer and acceptance)‚ consideration‚ intention to create legal relations‚ compliance with any formalities required by law and that the parties have the legal capacity to contract’1 What is the purpose of contract law
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consideration‚ in the sense of law‚ may consist either in some right‚ interest‚ profit or benefit accruing to the one party or some forbearance‚ detriment‚ loss or responsibility‚ given‚ suffered or undertaken by the other”. In relation to Rent a Tents contract with Susie the terms of the contract are that in return for Rent a Tent providing a marquee for the birthday weekend Susie will pay £2‚000. This is a binding contract as the several requirements to make a binding contract are‚ offer and acceptance
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wider than is necessary to protect the legitimate interest of the employer. Attempting to stifle competition is impermissible and it is irrelevant that the employer taught the ex-employee everything he knows. The court area particular to prevent contracts‚ which seek to prevent an employee from practicing his livelihood. The courts have regard to three facts: - The period during which the restriction purports to apply. - The geographical area in which the restriction purports to apply. - The scope
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Contract Assignment – Week 3 Team D LAW/531 June17‚ 2013 Professor Grace Lee Employment Contract This contract dated this 17th day of June 2013 BETWEEN: Horace Grump (“Employer”) -AND- Nettie Samaritan (“Employee”) BACKGROUND: A. The Employer is of the opinion that the Employee has the ability to assist and benefit the Employer in business and welfare. B. The Employer requests to employ the Employee with the terms and conditions set out in this Agreement. IN CONSIDERATION OF the
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distinguished from offers because they contain no demonstration of present intent to form contractual relations. No contract is formed when prospective purchasers respond to such terms‚ as they are merely invitations or requests for an offer. Unless this interpretation is employed‚ any person in a position similar to a seller who advertises goods in any medium would be liable for numerous contracts when there is usually a limited quantity of merchandise for sale. An advertisement‚ price quotation‚ or catalogue
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Contract Law Notes Contracts ‘A’ Offer Bilateral contracts Unilateral contracts Offers to the public at large What is an offer? Mere puff Supply of information Invitation to treat Categorizing transactions Advertisements a) Advertisements in a catalogue or a curricular b) Advertisements in newspapers or magazines c) Advertisements appearing on the internet d) Display of goods Auctions a) Advertisement of auction b) Auctions with reserves c) Auctions without a reserve Tendering
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brought against Signature Financial Group‚ Inc.‚ in efforts of seeking a declaratory ruling that Signature ’s patent for a computerized accounting system for managing a mutual fund investment structure is unfounded and unenforceable. State Street and Signature are both companies that act as administrators and accounting agents of mutual fund financial accounts. Signature is the founding owner of U.S. Patent No. 056 Patent‚ titled "Data Processing System for Hub and Spoke Financial Services Configuration"
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General Provisions “An obligation is a juridical necessity to give‚ to do or not to do.” (Art. 1156) * OBLIGATION * obligatio‚ Latin‚ means tying or binding * tie or bond recognized by law by virtue of which one is bound in favor of another to render something * duty under the law of the debtor or obligor - Civil Code * Juridical Necessity * the rights and duties arising from obligation are legally demandable and the courts of justice may be called upon through
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Employment law to know who is an employee and who is an employer for the purposes of claiming unfair dismissals and statutory redundancy. The Employment Rights Act (ERA) of 1996 defines an employee as “an individual who has entered or works under (or‚ where the employment has ceased‚ worked under). The ERA defines ‘contract of employment’ as “a contract of service or apprenticeship‚ whether express or implied‚ and (if expressed) orally or in writing. The variance between the two is Contracts of Service
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A contract -is a legal agreement that occurs between two or more parties. It can be a written or spoken agreement that can concern employment‚ sales‚ or tenancy. Parties or members involved‚ enter voluntarily into this agreement. Every contracts involve two persons they are the: Offeror and Offeree. The offeror is the one who offers to enter into a contract and the Offeree is the one to whom the contract is being offered Elements of a contract: Agreement‚ Lawful object‚ consideration and contractual
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