Bibliography: * Poole J (2010) textbook on Contract Law. 10th ed . Oxford OUP * Richards P (2011) Law of Contract ‚ 10th ed. Essex. Pearson. * Poole J (2010) Casebook on Contract 10th ed‚ Oxford. OUP * www.uwl.ac.uk/lrs/elec/law.html
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Rousseau: The Social Contract In Book I of the Social Contract‚ Rousseau suggests that towards a certain stage in the state of nature‚ people feel the need to bind themselves to one another. Individuals bind themselves to a larger community and form a social contract. Rousseau’s main argument in Book I is that the community that is formed by the gathering of individuals is not simply an aggregation of the interests of all the individuals that form it. It is a distinct entity –in a way‚ a distinct
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CHAPTER 2: Nature and Effects of Obligations Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family‚ unless the law or the stipulation of the parties requires another standard of care. (1094a) 3 kinds of prestations in obligations: • To give real (there is some physical thing which may be the subject of possession‚ the delivery of which completely discharges the obligation) • To do • Not to do
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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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Chapter 4: MODES OF EXTINGUISHING OBLIGATIONS a) By payment or performance b) Loss of the thing due c) Condonation or remission of the debt d) Confusion or merger e) Compensation f) Novation In addition: g) Annulment h) Rescission i) Fulfillment of a resolutory condition j) Prescription k) Death of a party in case the obligation is personal l) Mutual desistance m) Compromise n) Impossibility of fulfillment o) Happening of fortuitous events PAYMENT or PERFORMANCE
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Lecture 14 Tort Re Ipsa Loquitur & Defence to Negligence res ipsa loquitur- the facts speak for themselves It means that the plaintiff can prima facie establish negligence where the facts are so obvious that somebody must be negligent otherwise the accident would not have happen. In the common law of negligence‚ the doctrine of res ipsa loquitur (Latin: the thing speaks for itself) states that the elements of duty of care and breach can be sometimes inferred from the very
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SYSTEMS‚ INC‚ INC. DATA PROCESSING AGREEMENT This DATA PROCESSING AGREEMENT is made and entered into as of the 1st day of August 2008 by and between Big Bank and Systems‚ Inc. In consideration of the mutual promises and covenants contained herein‚ the parties hereto agree as follows: 1. DATA PROCESSING SERVICES. Systems Inc. agrees to render to Big Bank the data processing services described on Exhibit "A" (the "Services") for the term of this Agreement‚ and Big Bank agrees to purchase the Services
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NOVATION (Article 1291) * The extinction of an obligation through the creation of a new one which substitutes it * The substi or change of an oblig by another‚ which extinguishes or modifies the first‚ either: * by changing its object or principal conditions * by substi another in place of the debtor * by subrogating a third person in the rights of the creditor (Subrogate - Take over a legal claim or right against a third party from another party who previously owned that
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M/s ZYCUS INFOTECH PRIVATE LIMITED a company registered under the Companies Act 1956 and having its office at Plot no. GJ.07‚ SEEPZ++‚ SEEPZ SEZ‚ Andheri (E)‚ Mumbai – 400 096 hereinafter referred to as the “ZYCUS” The terms ZYCUS INFOTECH PRIVATE LIMITED and the Vendor wherever the context admits‚ unless repugnant to the meaning hereof‚ shall always mean and include their respective authorized employees‚ agents‚ successors in business and permitted assigns. WHEREAS The vendor has represented
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Miss Shireen Mall vs John James Taylor on 21 December‚ 1951 Punjab-Haryana High Court Punjab-Haryana High Court Miss Shireen Mall vs John James Taylor on 21 December‚ 1951 Equivalent citations: AIR 1952 P H 277 Author: Soni Bench: Soni ORDER Soni‚ J. 1. This is an application by Shireen Mall under the provisions of Sections 18 and 19 of the Indian Divorce Act‚ 1869‚ read with Sections 3 and 4 of the Indian Matrimonial Causes (War Marriages) Act XL of 1948‚ praying that this Court may declare the
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