Implication For there to be a valid contract between Theresa and AirMalaysia‚ there must be a proposal‚ acceptance and consideration. Proposal is defined in Section 2 (a) Contract Act 1950 as when one person signifies to another his willingness to do or to abstain from doing anything‚ with a view to obtaining the assent of that other to the act or abstinence‚ he is said to make a proposal. The moment when Theresa booked the flight ticket online with AirMalaysia‚ acceptance was took place‚ Theresa have
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LAW OF CONTRACT The Law of Contract is that branch of law which determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties. Indian Contract Act‚ 1872 came into effect from 1st September‚ 1872. It extends after
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THE ACCEPTANCE SPEECH An Acceptance speech is written to providean expression of gratitude for some form of award. An award is a symbol signifying approval or distinction or an honor or reward which has been given on the basis of merit‚ for excellence in a specific field. Courtesy requires that sometimes an acceptance speech is necessary in response to such an honor. Easier said than done! You will need to sound grateful but not condescending‚ modest but not retiring and humble and not arrogant
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From: Head‚ Interviewing team To: Sales Director Subject: Sales Manager‚ Central and Eastern Europe Dear Liz We recently interviewed three candidates for this position. We have decided to appoint Ms Barbara Szarmach for the above position. Ms Szarmach is Poland. She is 30 years old and has a Diploma in Marketing. She has worked for Fast-Track as a sales representative since leaving school. Firstly‚ Ms Szarmach can be a good leader because she has a strong personality. She is energetic
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What is a contract? A business contract is a legally binding agreement between two or more parties to do or not to do certain things. For example‚ a business contract could be for the sale of goods or supply of services at a certain price. There are many different types of contracts including: the sale and purchase of a business agreement; partnership agreements; leases of business premises; leases of plant and equipment; and employment agreements. The process for creating a contract generally
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Contracts Summary DAMAGES – REMEDIES FOR BREACH OF CONTRACT THE INTERESTS PROTECTED Fuller and Perdue‚ “The Reliance Interest in Contract Damages” There are three principle purposes in awarding contract damages: restitution interest – object is the prevention of unjust enrichment by the defaulting promisor at the expense of the promisee reliance interest – object is to put the plaintiff in a good position as he was before the promise was made expectation interest – object is to put the
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Construction Contracts 1. Name and briefly describe each of the two basic types of competitively bid construction contracts. Which type would be most likely used for building the piers to support a large suspension bridge. Why? Two basic types of competitively bid construction contracts are lump-sum and the unit-price contract. The lump-sum contract is when the contractor agrees to complete all work for a pre-determined price including profit and the contract. The unit-price contract is when the
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Treaties and Generally accepted principles of International Law - Art II Sec 2‚ Pacta sund servanda vi) vi) Customs – habits and practices through long and accepted usage have become binding rules of conduct vii)vii) Principles of Justice and Equity – common law jurisdiction a. b. b. c. Characteristics of Law Rule of Conduct Obligatory Promulgated by legitimate authority Of common observance and benefit a. a. Organization of courts Supreme Court Court of Appeals‚ Sandiganbayan‚ Court of Tax Appeals
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of a Contract “A contract is an agreement that can be enforced in court. It is formed by two or more parties who agree to perform or to refrain from performing some act now or in the future.” (pg 208) Recently I was faced with a situation regarding a contract that was not in writing and I had to explain that as long as a verbal contract contains the four essential elements of a contract it is binding. We are so accustomed to seeing contracts in writing that many people assume that a contract must
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Contracts II Outline Fall 2005 Professor Jean Powers Cited to Crandall & Whaley’s Contracts‚ 4th Edition I) Damages (227) A) Introduction (227) 1) General Rule – Contract damages should put the π in as good of a position as if the contract was fulfilled. 2) No action on a contract need be present for damages to be proper. An executory contract will suffice. B) Measuring Expectation Damages (229) 1) Expectation = Expected Value + Costs – Expenses Mitigated 2) Repair Theory – Damages should
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