The Law of Contract Voidable Contract – Coercion The word “contract” can be defined as a voluntary‚ deliberate‚ and legally binding agreement between two or more competent parties. Contracts are usually written but may be spoken or implied‚ and generally have to do with employment‚ sale or lease‚ or tenancy. A contractual relationship is evidenced by an offer‚ acceptance of the offer‚ intention to create legal relations‚ consideration‚ certainty and capacity. However‚ while all parties may expect
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A valid contract consists of all essential components which present and the court will enforce as a legally binding promise . One of the elements contract to create a contract is agreement which included an offer and acceptance. “Acceptance is a final and unqualified assent to the terms of the offer‚ made in the manner specified or indicated by the offeror” . Acceptance may be express orally‚ in writing‚ occasionally‚ or even by implied from the offeree’s conduct. In communication of acceptance‚
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A contract is a legally binding agreement or relationship that exists between two or more parties to do‚ or abstain from performing certain acts. A contract can also be defined as a legally binding exchange of promises between two or more parties that the law will enforce. For a contract to be formed an offer made must be backed with an acceptance of which there must be consideration. Both parties involved must intend to create legal relation on a lawful matter which must be entered into freely and
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4. NOTES 4.1. THE ESSENTIALS OF A VALID CONTRACT A. ESSENTIAL No 1 The Parties Must Act Within Their Contractual Capacity What is contractual capacity? We view it in relation to the concepts of personality and legal status: PERSONALITY – determines that you are a legal entity or persona. As a result of this personality you acquire legal status ie your legal status defines that legal personality further. STATUS then describes your legal “condition” eg a married woman‚ A public
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------------------------------------------------- ------------------------------------------------- TABLE OF CONTENTS PAGE 1 STANDARD OPERATING PROCEDURES (SOP) 2 1.1 Introduction 2 2 ROLE OF THE CONTRACT ADMINISTRATOR 3 2.1 Role and Responsibilities of the Contract Administrator 3 3 PAYMENT PROCESS 4 3.1 AS 4000 - 1997 4 3.2 JCC –C 1994 5 3.3 AS 2124 - 1997 5 4 THE PROCESS OF CASH FLOW IN THE CONSTRUCTION
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Faculty of Business and Law UWE BA (Hons) Tourism Management– Year 2 Module: Human Resource Management (UMPD3E -20-2) Module Leader: Anthony Fenley Student Number: 12022651 Definition The psychological contract has been defined as ’A set of unwritten reciprocal expectations between an individual employee and the organization’ (Schein‚ 1978) and ’…the perceptions of the two parties‚ employee and employer‚ of what their mutual obligations are towards each other’ (Guest and Conway
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Illegal Contractual Terms and Restraints of Trade in Contracts When dealing with contract law‚ many problems can arise. There can be illegal terms in the contract or it can just be void. There are restraints on trade which include limiting employees from competing against their employers post employment and so on. Throughout this essay‚ these restrictions will be analyzed. The difference between illegalities‚ voids and restraints will be presented‚ along with cases to provide examples.
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Critically evaluate the utility of the psychological contract for understanding the contemporary employment relationship. (2500 Words) Introduction Up until the 1990’s the psychological contract didn’t get a lot of research literature‚ whereas more recently it has become increasingly popular‚ and vast in both volume and critique. It is suggested that this blossoming of research is because of fundamental changes in the workplace‚ commonly referred to as the ‘new deal’ (Sparrow 1999). The traditional
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------------------------------------------------- HND BUSINESS CONTRACT LAW | Aspects of Contract and Negligence | | | HND BUSINESS - CONTRACT LAW Case 1 1.1 Introduction A contract is a legally binding agreement between two or more people in writing or in words that includes a valid offer and acceptance. The essential elements of a binding contract are: 1. Offer and Acceptance 2. Consideration given by both sides 3. The intention to create legal relationship 4. Privity
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Essential Elements of Contract Contract represents the instrument to enforce promises. Not all statements amount to enforceable promises or contracts. To enforce statements there are a number of elements which courts look for and these mainly include the presence of offer‚ its communication‚ its unconditional acceptance and communication of the acceptance. Once this has taken place then the element of consideration gives the badge of enforceability to the contract and the contract is then enforceable
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