OBLIGATIONS AND CONTRACTS REVIEWER TITLE I – OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS 1156. An obligation is a juridical necessity to give‚ to do‚ or not to do. JURIDICAL NECESSITY – juridical tie; connotes that in case of noncompliance‚ there will be legal sanctions. - An obligation is nothing more than the duty of a person (obligor) to satisfy a specific demandable claim of another person (obligee) which‚ if breached‚ is enforceable in court. - A contract necessarily gives rise to an obligation
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Sample contract of employment Statement of main terms and conditions of employment Employer’s name: Belgian Post Group Employee’s name: x Date of commencement of employment: 22/10/2012 Main place of work: UNIT A1 PARKWAY CRANFORD LANE HESTON TW5 9QA Job title: Mail Sorter Duties and responsibilities: Mail sorters must accept and check in
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A standard form contract (sometimes referred to as an adhesion contract or boilerplate contract) is a contract between two parties that does not allow for negotiation‚ i.e. take it or leave it. It is often a contract that is entered into between unequal bargaining partners‚ such as when an individual customer is given a contract by the salesperson of a multinational corporation. The customer is in no position to renegotiate the standard terms of the contract and the company ’s representative usually
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The existence of contract law is to prevent any sort of illegal behaviour‚ injustice and to clarify any confusion or misunderstanding amongst the offerror and the offeree. Everybody in this world is an offeree as we all purchase goods and services to meet our personal needs and if our expectations are not met‚ there is a problem which is why the contract is created for both parties to follow. However‚ if either of them fails to do so‚ then they are in breach of contract and the aggrieved party has
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One of the elements constituting a valid contract is that the parties entering the contract are those who have the competency to contract. This is based on section 10 (1) of the Contract Act 1950 which states: “All agreements are contracted if they are made by the free consent of parties competent to contact‚ for a lawful consideration and with a lawful object‚ and are not hereby expressly declared to be void.” Competency refers to the capacity of being an adult‚ having a sound mind and not forbidden
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How is it that 4 out of the 118 elements comprise over 96% of all living organisms? It is due to their reactive nature and ability to form bonds. One might ask why or how they are so reactive with other elements. Just as anything else in the universe seeks stability‚ so do atoms. Each of these 4 atoms seeks stability through their electrons. For example‚ hydrogen has 1 electron in its valance shell and it has the ability to fill that shell with up to 2 electrons thus it seeks another atom that
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CONTRACT LAW NOTES It is a legal enforceable agreement entered into by two or more different persons with legal capacity. The parties should have serious intention to create legally binding obligations. Their agreement needs to be within parities’ contractual capacity. Furthermore‚ parties should communicate such intention without vagueness each to the other and being of the same mind to the subject matter. Essentials of a contract a) it should be lawful b) possible of performance c) within
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Contracts Exam Notes Monika Petrusevska + Kieran Paskin 2012 The 17th day of the 6th month in the 2013th year IS THERE AN AGREEMENT (Satisfy the three elements) Offer and acceptance between more than 2 parties - Clarke v Dunraven May be necessary to look at whole course of dealings - Empirnall Holdings v Machon Was there an offer? – Step 1: Define + State what type of contract Expression to another of willingness to be legally bound by terms – Australian Woollen Mills v Commonwealth
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by which the concern is able to define the role positions‚ the jobs related and the co- ordination between authority and responsibility. Hence‚ a manager always has to organize in order to get results. Elements of Organizing A manager performs organizing function with the help of following elements:- 1. Identification of activities - All the activities which have to be performed in a concern have to be identified first. For example‚ preparation of accounts‚ making sales‚ record keeping‚ quality
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Wiggins Honors English 10 1st Block O3/09/11 “Literary Elements of Wharton’s ‘Roman Fever’” Peter Scott Scott 1 03/09/11 Ms. Wiggins 1st Block “Literary Elements of Wharton’s ‘Roman Fever’” The short story‚ “Roman Fever” by Edith Wharton‚ reveals numerous popular literary elements. Some of the most prominent examples of literary elements are irony‚ symbolism‚ and foreshadowing. All three elements create the feel and atmosphere of the short story. They add illustration
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