Offer ( Topic 3) Is a proposal the acceptance of which establishes the existence of an agreement. It shows a promissory intent. In other words‚ it is a promise to do or refrain from doing something. - Usually upon condition that the other party agrees to do or refrain from doing something else in return. - Harvey v. Facey Harvey sent to Facey a telegram to buy Bumper Hall Pen. He asks Facey to telegram the lowest price. Facey telegram the lowest cash price £900. Harvey says agree to
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communication in modern business contexts. Dresp-Langley proposes an extension of the social contract in the form of a contract for business communication‚ complete with ten ground rules‚ which are binding for all participants. Violations of these clauses may have results which impact on the satisfaction of the participants at the outcome of the communication event (e.g. meeting) – see figure 1. [pic] Figure 1: The Communication Contract. Source: Dresp-Langley‚ 2009‚ p420) 1. Sincerity –
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whenever there are no difficulties or complications in the industry. The Competition and Consumer Act 2010 (Cth) is an act set in place to encourage fair and efficient competition within markets and to deliver protection for consumers. Contracts‚ clauses‚ negligence‚ marketing regulation and occupational licensing each fall under Australian Consumer Law and its branches. Non-compliance is the opposite of compliance. It is rejection or failure to comply‚ hence‚ non-compliance occurs when agreements
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1. Special Conditions Clause 7.1.1 Clause 7.1.1 of this contract is deemed to be deleted. This clause allows a Vendor to rescind the contract when the Purchaser brings a claim against the Vendor for more than 5% of the purchase price. This clause is commonly reduced to a lesser amount or‚ as in this case‚ deleted altogether. The consequence upon John is that if he were to make a claim‚ for example; for an encroachment not clearly disclosed (other than a claim for delay) against the Vendor
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Tutorial 1- Introduction to Legal Environment of Business 1a) This is a civil matter as it is a private dispute between S and T which is not harmful to society. The dispute should be resolved through mediation. This is because it is cheaper‚ faster‚ more informal‚ and also private. Most importantly‚ it creates a win-win situation which will allow S and T to preserve their business relationship and compromise to settle the dispute amicably. b) This is a criminal and civil matter. It is criminal
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TABL1710 Contract law Contract- AGREEMENT concerning PROMISES between 2 or more parties LEGAL RIGHTS & OBLIGATIONS Elements for legally binding contract: Intention- must have evidence to INTEND to make legal contract ‘Subject to contract’ NOT in final form MASTERS V CAMERON (no contract until conditions met) Implied intention: Social (friends)‚ family‚ domestic‚ voluntary NO INTENTION BALFOUR V BALFOUR (husband & wife- no agreement) COHEN V COHEN WAKELING V RIPLEY (seriousness- big sacrifice)
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INSURANCE LAW |CHAPTER 1. LEGISLATIVE REGULATION OF INSURANCE | |Insurance industry is HUGE and has very low regulation. Why should it be regulated? People have little ability to negotiate terms ( adhesion K – thus‚ the regulation comes as a matter of public policy. Ambiguity resolved in | |favor of the insured
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the Sale of Goods Act 1979 (seller’s implied undertakings as to conformity of goods with description or sample‚ or as to their quality or fitness for a particular purpose) cannot be excluded or restricted by reference to any contract term. Exclusion clauses subject to reasonableness S.6(3) states that as against a person dealing otherwise than as consumer liability for breach of the obligations arising from ss.13‚ 14 or 15 of the Sale of Goods Act 1979 can be excluded or restricted by reference
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"A valid contract‚ in essence‚ is the agreement between its parties". Discuss this statement and‚ using both case law and legal principles‚ comment on the essential elements of a valid contract and the importance of each. To a certain extent this statement is true but it is only one element of a valid contract to explain please find following all elements and conditions within a valid contract. To Contract: Is to enter into a relationship or agreement between two or more parties that create in
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PART 2: AGREEMENT A. Offer and acceptance Offer * Objective approach: offer must normally be interpreted in the sense in which it would reasonably be understood by an ordinary person‚ even though the offeror’s actual meaning was otherwise. * Definition: indication by one person to another of his or her willingness to enter into a contract with that person on certain terms. The ‘offer’ must indicate a willingness by the offeror to be bound without further negotiation as to the terms of
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