OUTLINE OF LECTURE IN LAW ON CONTRACTS (Defective Contracts) 1. Defective contracts a. Rescissible contract – valid until rescinded; b. Voidable contract – valid until annulled; c. Unenforceable contract – cannot be sued upon or enforced unless ratified; d. Void contract – no effect at all‚ cannot be ratified or validated 2. Rescission Rescission is the remedy granted by law to the contracting parties and sometimes even to third persons in order to recover indemnity
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THE INDIAN CONTRACT ACT‚ 1872 CONTRACT Section 2(h) defines a contract as “an agreement enforceable by law” Thus to make a contract there must be – (i) an agreement (ii) the agreement should be enforceable by law. All agreements are not enforceable by law and‚ therefore‚ all agreements are not contracts. Some agreements may be enforceable by law and others not. For example‚ an agreement to sell a radio set may be a contract‚ but an agreement to go to see a movie may
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RULES GOVERNING SHIPMENT BY SEA: HAGUE RULES‚ HAGUE-VISBY RULES AND HAMBURG RULES The nature of the Hague-Visby Rules was discussed by the House of Lords in The Hollandia [1983] AC 565 (HL). The plaintiffs (shippers) shipped a piece of road-finishing machinery on board a Dutch vessel‚ ‘The Morviken’‚ belonging to the defendant carriers to Bonaire in the Dutch West Indies. The bill of lading issued in England limited the carriers liability to Dutch Florins 1‚250 ($250) which was less than the 10
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law of contractWeather contract between Cheff Reez and Marimar Hotel is void. Principle Offer S.2(a) when a person signifies his willingness to do or abstain from doing anything‚ with a view to obtain the assent of that other to the act of abstinence‚ he said to make a proposal. Acceptance S.2(b) when the person to whom the proposal is made signifies his assent thereto‚the proposal is said to be accepted. A proposal when accepted ‚becomes promise. S.7(b) In order to convert a proposal
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As project managers gaining project acceptance in a project from stakeholders is extremely important. In order to gain acceptance you must hear and address the stakeholders concerns early in the project development phase‚ this avoids stumbles and blocks later‚ keeping stakeholders involved even when they disagree makes the transition much smoother. In order to involve the stakeholders you must first identify them. Any entity who cares about the project and any group that represent those entities
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NOTES FOR THE CHARTERED INSTITUTE OF BUILDING AN INTRODUCTION TO CONTRACT LAW OR (GETTING IN AND OUT OF A CONTRACT) Thursday 14 June 2012 by Keith Blizzard‚ Partner‚ Shakespeares Legal LLP BSc(Hons) DipArb FRICS FCIOB FCIArb FFB MEWI Chartered Quantity Surveyor‚ Chartered Builder‚ Chartered Arbitrator‚ Panel Adjudicator‚ Accredited and Panel Mediator‚ Forensic Surveyor and Lecturer Somerset House Temple Street Birmingham B2 5DJ t 0121 237 3000 d 0121 631 5221 f 0121 237 3030 e keith
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grounds of void contract under Nepalese Contract Act by illustrating the cases. Any contract which is not enforceable by law is said to be void. A void contract is one which has no legal effect whatsoever owing to the fact that a transaction which is void. Even if they satisfy some of the conditions of a valid contract‚ they are not enforceable. In the eye of law such contract is no contract at all. There are some contracts which have been declared as void by section 13 of Nepalese Contract Act 2056.
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CONTRACT OF LAW Contract can be defined as ‘an agreement enforceable by law’. In other words‚ a contract is an agreement made between two(2) parties or more which is legally binding between the parties. There are six (6) basic elements in the contract : 1. Offer refers to a proposal that is capable of being converted into an agreement by its acceptance. Section 2(a) of Contract Act 1950 provides that when a person signifies another his willingness to do or to abstain from doing anything‚ with
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For a contract to be legally binding all of the following elements must be present. If one or more is absent the contract will be considered invalid or void. The first element of the contract is Offer and Acceptance. For a contract to be considered valid one party (the offer) must make an offer to another party (the offeree). Before an offer is accepted it must be communicated to the offeree. A offer is immediately made into a contract when the offeree accepts the offeror’s tender. An offer can be
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ASSIGNMENT THE THEORY OF CONTRACTS MEMBERS MOHD AMINUL HAKIM BIN HANI SALMAN 1124539 AHMAD ZUBAIDI BIN MAHMUD 1127783 AHMAD SYAHIR BIN MOHD ZAKARIA 1123419 SITI SHARINA BINTI SEMAN 1120902 NURHANI BINTI ABDUL RAHMAN 1118618 NURASHIKIN BINTI MOHD PILUS 1125834 INTRODUCTION Basically‚ human beings are dependent with each other to fulfil their needs and wants. We need to interact‚ communicate‚ trade and collaborate with others. Specifically ‘aqd or contract means a connection
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