CONTRACT & AGENCY LAW END-OF-COURSE ASSESSMENT JULY 2012 PRESENTATION Submission Date : 08 Sept 2012 Question 1: Legal issues: As there are different parts to “Clause 8” in the employment contract which Julia as an employee has signed with Calypso Private Limited‚ we shall examine four separate legal issues. The first legal issue is whether Calypso is able to enforce part (a) of Clause 8 which states that Julia shall not be directly or indirectly
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Contract law serves as your protection in every legal agreement you make in life. Contract law makes these agreements "enforceable"‚ which usually means that it gives the party the power to compensate and obtain money damages caused by the other party due to a breach of contract. The contract itself creates an obligation or duties to do and rules to follow by both parties if either of the party fails to follow the agreement‚ remedies can be provided by law if the contract is legal and has the essential
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Topic 2: LAW OF CONTRACT (Offer) Readings: Lee Mei Ping‚ General Principles of Malaysian Law‚ 5th Edition‚ 2005‚ Oxford Fajar Sdn Bhd Abdul Majid‚ Krishnan Arjunan‚ Business Law in Malaysia‚ 2005‚ Lexis Nexis Malayan Law Journal Beatrix Vohrah‚ Wu Min Aun‚ The Commercial Law of Malaysia‚ 2nd ed.‚ Longman‚ 2000 Malaysian Contracts Act 1950 (http://www.agc.gov.my/) law of Malaysia/numerical table of laws/Act 1136 Contents: 1. Introduction 2. Contracts and Agreements
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Group A8 group memebers: Question 1 HowCan Pte Ltd enters into a contract of sale with Panda Ltd in China for the sale of perishable goods‚ F.O.B (free on board: i.e. buyer has to make the shipping and other arrangements). Howcan Pte Ltd then gets SureCan Pte Ltd to transport perishable goods from China to Singapore. The ship is supposed to transit via Vietnam. The goods are shipped out of China‚ but due to improper planning on the part of SureCan Pte Ltd‚ they are wrongly dispatched
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Damages and Breach of Contract This paper aims to discuss and examine the case law‚ Wrotham Park Estate Co Ltd v Parkside Homes Ltd. and analyse the reasons why Brightman J in this case believe that there will be unjust if the nominal sum is awarded to the plaintiffs. The measure of damages (restitution interest/remedy(remedy Campbell‚restitution for breach of contract) and damages in lieu of injunction will also be explained. Furthermore‚ the relevant case laws will be included. Before considering
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Void and Illegal Contracts Void Contracts Void contracts are basically those which contravene a provision in a statute or are contrary to public policy at common law but to which the ex turpi causa principle does not apply. Void by Statute A statute may declare expressly that a particular contract is void‚ eg s 45 of the Trade Practices Act 1974 which provides that clauses purporting to exclude‚ restrict‚ or modify the liability of a corporation imposed by Division 2 Part V of the Act (that
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the obligation is monetary‚ by delivery of the money in full. b. If it is a thing or an object‚ by delivery of the thing or object. c. If to do something‚ by the performance of the same undertaking. d. If not doing a thing‚ to desist or refrain from doing the thing. Requisites of payment a) The thing or service must be delivered or rendered. b) Payment should be complete. Incomplete compliance or partial performance considered payment a) Substantial performance in good faith‚ minus or less
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What are the defenses to a breach of contract? If someone is accused of breach of contract‚ there are a number of defenses available to argue that a contract should not be enforced. If any of the basic contract elements are missing‚ or if the contract was made with someone of diminished capacity or for illegal purposes‚ a contract can be unenforceable. Some other examples of potential defenses to enforcement of a contract are mutual or unilateral mistake‚ duress or undue influence‚ unconscionability
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ESSENTIAL REQUISITES OF CONTRACTS Article 1318. There is no contract unless the following requisites concur: 1. Consent of the contracting parties; 2. Object certain which is the subject matter of the contract; 3. Cause of the obligation which is established. Article 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance
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Contract costing is a type of a specific order costing: Contractor costing is generally used for the works of constructional nature such as civil engineering works etc.‚ Each contract is considered as a separate unit of cost and a separate account is kept for each individual contract. The special features of contract costing are as detailed below: Materials: The materials purchased directly or issued from the stores or transferred from other contracts are recorded on the debit side of the
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