JUDGMENT V.N. Khare‚ CJI 1. This appeal which arises out of a judgment and order dated 23-11-2001 passed by the High Court of Kerala at Ernakulam revolves round the question as to whether an arbitration clause in a contract agreement survives despite purported satisfaction thereof. 2. The parties to this appeal entered into an agreement for a project at Kayamkulam. Upon completion of the work the respondent herein submitted final bill which was allegedly not accepted by the appellant‚ where
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Constitutional Law - The term constitution comes from the Latin word constitutio‚ used for regulations and orders. Constitutional law is also referred to as “supreme law or “highest law of the land”. This is because it is the foundation of a state wherein it comprises primary law and fundamental principles which defines the relationship of the three important branches within a state‚ namely‚ the executive‚ the legislature and the judiciary. This law also illustrates the scope and limitations of the
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over eighteen and are of sound mind and in the each scenario they intend to enter a legally binding contract. For a contract to come into existence there have to be three steps involved: • Agreement (Offer and Acceptance) • Consideration • Intention to create legal relations All three scenarios are supported by “consideration”. The general idea of consideration is that contracts involve an exchange in which both parties give something in exchange for the promise of the other
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DISCHARGE OF A CONTRACT Normally the completion of a contract is straightforward as parties carry out their tasks as required. There are four main different ways of ending a contract: a) Discharge by performance b) Discharge by agreement c) Discharge by breach d) Discharge by frustration DISCHARGE BY PERFORMANCE For this the courts expect performance to be exact and complete. This means that it must match contractual obligations RE MOORE AND LANDAUER (1921) If requiring a contract to be complete
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respectively. That is the reason why psychological contract needs to be invented in a new economy whilst loss of trade unions. Subsequently‚ this essay will not only clarify how the psychological contract is defined and how it is evaluated and applied in organisations in reality but also answer the question why a psychological contract is considered as so important in the management of the contemporary employment relationship. By definition‚ psychological contract has been stated as “a set of unwritten reciprocal
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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 OF EMPLOYMENT This Agreement is entered into this 09th of February 2011 by between. New Life Pharmaceuticals Inc. PHILIPPINES‚ a corporation duly organized and existing under the laws of the Republic of the Philippines with office address at the 2667‚ Honduras Street Batangas Cor. Brgy. San Isidro Makati‚ Philippines‚ as represented by its General Manager Sreedhar Nagarajan hereinafter referred to as the “EMPLOYER”; -and- Sandeep Toshkani Indian of legal age‚ currently residing at
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INFRASTRUCTURE CONCESSION CONTRACTS: AN INTRODUCTION #2/July 08 What is infrastructure concession contract? What are the advantages and disadvantages of concession contracts? This paper addresses these two questions. Also‚ it outlines the basics of infrastructure concession contracts. I. Introduction Ownership of public assets is a sensitive issue for all governments. However‚ budgetary shortfalls as well as the repeated failure of governments all over the world to maintain these assets have
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Contracts Review Common law majority Rule UCC Article 1 & 2 (transaction in goods)- usually same as majority common law except in a few areas Significant minority rules- will be on test and are there to fool you. DO NOT CHOOSE! 34 Contracts MCQ * 60% Offer and Acceptance (6-8 Qs)‚ Conditions (6-8Qs) and Remedies- UCC and Common law (6-8 Qs) * 40% - 1-2Qs on the following areas * Consideration * 3rd party beneficiaries * Assignments and delegations * Statute
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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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