Exemption Clause Each time a person travels on a bus‚ train or an airplane‚ buys a washing machine‚ computers‚ etc.‚ or deposits good in a railway locker or even going to a concert‚ he will receive a standard form contract. There are two kinds of standard form contracts which is business transactions and consumer transactions Business transaction is one that regulates dealings between people in business for example building contracts and etc. While consumer transaction is one which
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Mandy a duty of care and if Mandy ’s funds are able to be recovered. We will be addressing the issue through 2 categories of law‚ namely statutory and common law. Common Law Negligent Advice Under the rules of negligence‚ a plaintiff could claim damages for pure monetary losses caused by a negligent statement without any physical damage being present. This rule applies even as no contractual relationship exists between two parties. Hedley Bryne & Co Ltd V Heller & Partners
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4. NOTES 4.1. THE ESSENTIALS OF A VALID CONTRACT A. ESSENTIAL No 1 The Parties Must Act Within Their Contractual Capacity What is contractual capacity? We view it in relation to the concepts of personality and legal status: PERSONALITY – determines that you are a legal entity or persona. As a result of this personality you acquire legal status ie your legal status defines that legal personality further. STATUS then describes your legal “condition” eg a married woman‚ A public
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Case Study You arrange to meet your boyfriend at the Patio Hotel on Saturday night. Your best friend witnessed the two of you making the arrangement. It is to celebrate your birthday and you buy a new dress‚ shoes and accessories for the date. He does not turn up and does not text you with an explanation. Can you sue him? If so‚ why? If not‚ why not? She would be unable to sue him as this is a social agreement which is unenforceable by law. Neither party has entered into a legally binding
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(a) Dylan was shopping at Quills Department Store when he slipped on the highly polished floor and broke his leg. As a result he was out of work for four months and he incurred considerable medical expenses. His leg did not heal quickly or completely because of a hereditary bone defect which he suffered. Hence he had to take on lighter work‚ which did not pay as well as his former employment. i) What legal action is available to Dylan against the proprietor of the store‚ or the cleaner or the
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The Contract Law Bible Hey Guys. I worked really hard on this on the run up to the June exam last year. I found it really useful and so did the people in my class. Please feel free to pass this on to your friends who are studying contract law‚ but please don’t pass it off as your own‚ or make any money from the reproduction of this. Thanks =) Lucy Rimington © Offer and Acceptance Offer - A proposal to enter into an agreement with another person. An offer must express the intent of the person
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28/11/2013 Contents Elements of a Contract There are different elements of a contract that you must take into account when entering one. The following will give an understanding of these and explain their importance. Capacity There are four essential elements that affect contract law. The first of these is capacity. This element states that parties in agreement with a contract must have the legal capacity to enter into that contract. There are factors that affect the capacity
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LAW NOTES!!! LECTURE 1: Introduction 2 main braches of Law • Criminal – state vs. accused • Common – judge made law 2 sources of law: • Legislation – Federal or Provincial Legislations/ statutes / regulations. • Common (case law) – judge made. Civil Law: about a party bringing an action for a personal remedy of some kind. Definitions: Tort – a legal wrong which entitles you to some sort of remedy. • Intentional Tort – ex. Assault and battery.
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CHAPTER 21: WARRANTIES AND PRODUCT LIABILITY A warranty is an assurance by one party of the existence of a fact on which the other party can rely. WARRANTIES: Several types of warranties: (1) warranties of title‚ (2) express warranties‚ (3) implied warranties. 1. WARRANTIES OF TITLE: 3 types of title warranties- good title‚ no liens‚ and no infringements-can automatically arise in sales and lease contracts. Sellers warrant they have good and valid title; if buyer learns they don’t the buyer can
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determine whether a duty of care is owed? (if you answer this‚ you may not answer Q2(a) below). (iv) libel (v) identify and explain 3 ‘techniques’ for interpreting what words/phrases in a contract actually mean. (vi) disclaimer (vii) fraudulent misrepresentation Q3: Answer 1 of the following 2 questions [10 marks]. If you answer both‚ only the first one will be marked. (a) teach
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