1.1 Explain the importance of the essential elements required for the formation of a valid contract A valid contract is a contract that complies with all the essentials of a contract and is binding and enforceable on all parties (Investorwords‚ n.d). Essential elements of the contract: - Agreement = Offer + Acceptance - Consideration - Intention to create legal relations A. AGREEMENT = OFFER + ACCEPTANCE In order to create a valid contract‚ there must be a ’lawful offer’ by one party
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ASPECTS OF CONTRACT LAW 1) A contract by definition is a form of agreement that binds two or more parties who can involve in a legal relationship and will be bound to perform according to the terms and conditions that are agreed upon in the contract. 2) The essential elements of a contract are: Agreement: it is determined by the regulations of offer and acceptance. It is the most essential element and the very first one. An agreement is made when the offerer proposes his offer and the offerree
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Elaborating shortly on the case given‚ it can be seen that David‚ the offeror‚ places an ad in the newspaper Daily Bungle‚ in which it is responded by six different participants (offerees). Unfortunately‚ one of the cat‚ Bimmie‚ is injured and this made David to terminate the contract. In relation to this case‚ the offer and acceptance‚ thus the making of agreement‚ has been established. Offer‚ is when an offeror offers anything to the offeree‚ then the offeree makes an agreement through acceptance
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Easybuy exports Judy Claymore Amar Dwarkasing Powisielaan #13‚ Suriname Kalpoeweg #10‚ Suriname Phone: 8906520 Phone: 8600365 Email: judyclay@msn.com Email: easybuy@hotmail
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The process of turning a bill into a law is probably one of the most complicating processes. The process of making a bill is a successive procedure which is not just adding a few rules to a paper and calling it a day. Before a bill is made they have to make sure all the rules are constitutional and does not infringe people’s rights. Tis’ a stressful job to vote on a rule that some people could like and others could decide. The bill must first get passed in both houses of congress by majority
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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 that a statement of opinion leads to a misrepresentation. Two possibilities: 1) If the facts
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CONSIDERATION A. Legal Sufficiency 1. Adequacy 2. Unilateral Contracts 3. Bilateral Contracts 4. Illusory Promises a. Output and Requirement Contracts b. Exclusive Dealing Contracts c. Conditional Promises 5. Pre-existing Obligation a. Modification of a Pre-existing Contract b. Substituted Contracts c. Settlement of a Undisputed Debt d. Settlement of an Disputed Debt B. Bargained-For-Exchange 1. Past Consideration 2. Third Parties C. Contracts without Consideration 1. Promises to Perform Prior Unenforceable
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in contract and is seeking damages of $30‚000 which he believes is the outstanding amount that is owed to him by J. This case touches on the fundamental concepts of contract law where H can only claim damages if the formation of a valid contract between the two parties is evident via the elements of a contract‚ including intention‚ agreement‚ consideration‚ legal capacity‚ genuine consent and legality of objects must be established. Once these elements are satisfied‚ the terms of the contract need
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Lecture 8 Law of Contract: Genuine Consent INTRODUCTION Although the contract may have the essentials of a valid offer‚ acceptance‚ legal intentions and consideration‚ its validity or enforceability may be affected by a number of factors. The agreement may be wanting in genuine consent between the parties. That is‚ although the parties may appear to have reached an agreement‚ it may not have been genuinely achieved because of misconduct‚ pressure‚ unfairness‚ or fear by those involved
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Question 1. Outline and describe the ways in which an Agency Contract may be established. Agency According to Nicole Busby‚ an agency is a contractual relationships that entitles one party to act on behalf‚ or in favour of‚ the other party in contractual arrangements with a third party. In this regardthese circumstances‚ the former is known as an “agent” and the entity on whose behalf the agent performs is called a “principal”. Generally‚ the agency relationships arises in commercial transactions
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