case‚ there are two legal issues needed to be handled. First‚ it is needed to determine whether 1) Tommy can sue Ada for not reducing the height of fence which is eracted along the side of Ada’s garden 2) Mickey can sue Ada for not fulfilling her promise to pay $1000 for Mickey’s help. To determine the two legal issues‚ we need to consider if any contractual relationship was formed between them. To begin with‚ a contract is a legally binding agreement made between two or more parties with the present
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Chapter 12 Legal Value * Promise to do something that one has no PRIOR legal duty to do. * A performance of an action that one is not obligated to do * Refraining from an action that one has a legal right to do (forbearance) Rescission- the opposite of forming a contract‚ and bring the parties to the positions they occupied before the contract was made Past consideration- no consideration or a promise to give another something of value in return for goods or services rendered and
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Legal obligation i.e.‚ a duty enforceable by law. As per section 2 (e) "Every promise and every set of promises‚ forming the consideration for each other‚ is an agreement." Thus it is clear from this definition that a ’promise’ is an agreement. Section 2 (b) states that "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 a promise." An agreement‚ therefore‚ comes into existence only when one party makes
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and isn’t keeping his promises. Reading both articles it was very interesting to see two different perspective on the same speech. Ryan was on the negative side of things explaining he is more on the rich people’s side. While James was on the more positive
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the bargain of the contract. A contract is based on an exchange of promises. Each party to a contract must be both a promisor and a promisee. They must each receive a benefit and each suffer a detriment. This benefit or detriment is referred to as consideration. Consideration must be something of value in the eyes of the law - (Thomas v Thomas). This excludes promises of love and affection‚ gaming and betting etc. A one sided promise which is not supported by consideration is a gift. The law does
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benefit or detriment must be ‘legally sufficient’ in the sense that the law recognizes that benefit or detriment as constituting consideration‚ but its value is irrelevant. If both parties merely perform an existing contractual duty in return for a promise then consideration is not sufficient. Here it would appear that Rent a Tent are merely performing their duty to provide a marquee and that Susie is paying extra for this so is not getting any benefit for the extra
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For an example‚ A promise to B that if B have found his son‚ B will get a reward as RM500 from A. The following case illustrated the point above. In the case of JM Wotherspoon & Co Ltd v Henry Agency House (1962) which the plaintiff was a company from England and the defendant
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as an agreement enforceable by law. Section 2(e) defines agreement as "everypromise and every set of promises forming consideration for each other." Section2(b) defines promise in the word: "When the person to whom the proposal ismade signifies his assent thereto‚ the proposal is said to be accepted. A proposalwhen accepted becomes a promise." From the above definition of promise‚ it is obvious that an agreement is anaccepted proposal. The two elements of an agreement are: 1:
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form the legal relationship The perception of the contract bargain or the agreement struck by the two parties is usually based on the promise‚ which the end results intends to meet in the parties’ mind on term and conditions‚ which will create their agreement with one another. Any party will agree to do or either not do‚ particular things in return for promise of other to perform particular things in a certain nature. In a bind for the parties to establish their interests‚ the
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admiration. “…to investigate rumors of a fabulously wealthy kingdom somewhere in the interior of the mainland.” (American Promise‚ pg. 34) Cortes and his army were welcomed and were given gold. Consequently‚ Spaniards’ greed grew‚ and Cortés took Montezuma captive‚ then murdering him. “Cortes took Montezuma hostage and held him under house arrest‚ hoping to make him a puppet…” (American Promise‚ pg. 35) The economic and religious reasons for the conquest were for the mining of minerals such as gold‚ land‚
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