The statement made by Mark‚ in a position of expertise and with the intention of inducing Lucy to contract could be construed as promissory in nature. The statement of fact was made; the intention to guarantee the statement can be viewed through Clause 4 of the contract. The contract stated that “posters will be placed‚ as far as practicable‚ in all bus stops in the Geelong CBD.” The onus is on Widescope to produce relevant information to Funpark to indicate which bus stops were not ‘practicable’
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Classification of Contracts (7 – 1.30) Simple and formal contracts A formal contract is a written contract (such as a deed). A simple contract can be entirely orally or a combination of oral and written. Bilateral Contract: exchange of promise – one promise for another (a promisee’s promise in return for the promisor’s promise or vice versa) o Union Dominions Trust (Commercial) Ltd v Eagle Aircraft Services Ltd [1968] 1 All ER 104 at 108‚ Lord Diplock Unilateral Contract:
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insurer. These benefits have been made between the customer and the insurer under negotiation and will have to proceed with the terms of the contract. There are two types of terms which can be found in a contract‚ these are… * The express term - Clauses in the agreement that are agreed to by both parties. * The implied term - Part of the contract not necessarily included by the parties but automatically included by the law to protect all parties. Express terms are statements made between the
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consist of one clause (independent clause) or more clauses (independent and dependent clauses). An independent clause is also called main clause. A dependent clause is also called subordinate clause. On the basis of numbers of clause and types of clauses present in a sentence‚ sentences are divided in to four kinds. Simple Sentence A simple sentence consists of only one independent clause containing a subject and a verb and it expresses complete thought. There is no dependent clause. “An independent
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that you understand what you are or your business is signing. We have looked at some common clauses found in contracts like restraint of trade clauses‚ exclusion clauses and liquidated damages clauses. In addition to these‚ there are many other common clauses and the purpose of this exercise is to highlight these clauses as well. If you do a simple search in the Internet you will realize that many of the clauses we are talking about are indeed very common (and pretty international as well). Spend some
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U.S. vs. Wurie Alex Brown On September 7‚ 2007‚ officers observed Fred Wade talking on his cell phone in a Boston‚ Massachusetts parking lot. Shortly after Wade got into a car being driven by Brima Wurie. Wurie then pulled out of the parking lot‚ went 150 yards down the road‚ made a U-Turn and continued to pull back into the parking lot they had just left from. Police believing they just witnessed a drug bust confronted Wade and found cocaine. Other officers arrested Wurie. When Wurie arrived at
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Links: Brierley and Macdonald‚ “Quebec Civil Law” (1993) • Civil Code as social constitution ▪ Interest upon usurious loans could not be reduced (Art. 1149 CCLC Para 3) ▪ Abusive penal clauses could not be struck down (Art ▪ In reality‚ K exists only b/c the law allows it (1372) o Contract is necessarily fair/ just ▪ Rejection of formalism (Roman law) Ghestin: "L ’utile et le juste dans les contrats" (1981) Art. 1388: An offer to contract
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law Under the rules governing exemption clauses‚ an exemption cannot be introduced into a contract after the contract has been made. Based on the Exemption Clauses in Common law‚ clauses cannot be introduced after the contract has been made that shown in Olley v Marlborough Court (1949). However‚ based to Spurling vs Bradshaw(1956)‚ there is an exception that says past dealing are not considered as part of contract. It is called an exclusion clauses only if parties are involved have records
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belonging. Shakespeare’s As You Like It explores the paradoxical nature of belonging‚ that one can find inclusion through the state of exclusion. The play also shows how one’s inability to understand their own identity can lead to the exclusion and alienation of others. Furthermore Cee Lo Green’s videoclip ‘Forget You’ examines the pain and suffering caused by exclusion as well as the disconnection a lack of understanding and identity may cause. In Shakespeare’s As You Like It we witness the paradoxical
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Table of Contents INTRODUCTION 3 ABOUT THE CLIENT – THE WORLD AUTO LTD COMPANY 4 TASK 1.1 Explain the importance of the elements required for the information of a valid contract in the motor industry. 5 1.1.1. Agreement 5 1.1.2. Consideration 6 1.1.3. Intention to create the relations 7 1.1.4. Capacity 7 1.1.5. Privity of contract 8 1.2 Discuss the impact of different types of contract by providing explanations on comparison with local‚ export and distance buying modes 9 1.2.1. Written
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