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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INTRODUCTION AND RATIONALE OF QUASI CONTRACTS:- Under the general heading of the Quasi contract there has been grouped a number of cases which have little or no affinity with contract. A simple illustration is afforded by the action to recover money paid by mistake. If the plaintiff on an erroneous interpretation of the facts‚ pays to the defendant a sum of money which he does not really owe‚ law‚ no less than justice‚ will require he defendant to restore it. But his obligation is manifestly not
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delay must be compensated. The amount of compensation is usually set in advance and called ‘liquidated damages’ - Use a straightforward calendar date to name the delivery date: 15th September 2010‚ for example. The parties often plan for the contract to come into existence in two steps: the signature date and the date of coming into force. The date of coming into force is not usually a calendar date‚ but the date on which the last precondition is met. Common preconditions are: + Receipt
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Contract Law Cases The Offer Meeting of minds: Clarke v Earl of Dunraven and Mount Earl: Yacht races. Letters sent in Communication (in writing‚ speech and conduct): Carlil v Carbolic Smoke Ball Co: pay back 100 if you get influenza. Deposit 1000 The Acceptance: Strictly in response to
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House sales contract This contract is made effective as of 8th of February‚ by and between Mrs. Appleby and Acme Insurance Co. 1. Purpose of Contract. Acme Insurance Co agrees to buy the Mrs. Appleby’s detached house which is located in 연희동‚ whose size is 50py. 2. Price of House sales. 3.1 The buyer agrees to buy‚ and the seller agrees to sell the detached house with the price of \650‚000‚000 which includes the price of newly moving house located in 아현동‚ sized 30py and \150
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By the case of Hughes v Metropolitan Railway Co the doctrine of Promissory Estoppel was establish and the derivation of modern doctrine of it is to be found in the The doctrine of Promissory Estoppel was first developed but was lost for some time until it was resurrected by Lord Denning in the leading case of Central London Property Trust Ltd v High Trees House Ltd. Promissory estoppel There are three exceptions to the rule in Pinnel’s case. They are composite agreement‚ payment of debt
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Zachary Johnson Professor Kwon Final Project Due 12/10/2012 Music Recording Contract This contract (the “agreement”) effective in the date of “0/00/0000” BETWEEN: True Records And Artist 1 ______________ Artist 2 ______________ Artist 3 ______________ Artist 4 ______________ Artist 5 ______________ Background: A. The Artist is a professional entertainer and recording artist known as “ Group” B. The Company is in the business of producing Master Recordings‚ or causing such
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that she has prepared‚ but since the stall didn’t have enough stock of the t-shirts Jannah ordered 250 t-shirts of different designs. Jannah and Grace made a contract wherein the t-shirts can be delivered in a later date. The contract was made on August 23’ 2016 and the date set for the t-shirts to be delivered is on August 28’ 2016. The contract was made by Jannah the buyer because she has a upcoming event which will be on September 1’2016 so in preparation she needs it 3 days ahead before the event
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Plaintiff purchased and used wool for local manufacture between 1946-48 and received some payments. The Government subsequently stopped its subsidy scheme and the Plaintiff sued the Government for subsidies it claimed it was due. Rules There was no contract. The statement made by the Commonwealth was not offered as consideration for the plaintiff buying the wool. The Court stated that in cases such as this: ‘… it is necessary‚ … that it should be made to appear that the statement or announcement which
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AGREEMENT AND CONTRACT 1. Introduction Dear students‚ welcome to the lecture series on Business Regulatory Frame Work. Today we are going to discuss the Indian Contract Act 1872. Before I start my discussion on the contract‚ I would like to make you aware that the Indian Contract Act 1872 came enforced on the 1st day of the September 1872. It is applicable to whole of the country except the State Jammu & Kashmir. The course related to the law is designed to impart the knowledge to the student
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