about two pricing structures is akin to a mere quotation of price‚ like that seen in Harvey v Facey.3 However‚ a relevant issue that arises in distinguishing the present case is whether an inquiry was made. It is not unreasonable to assume that following or during the April ‘suggestion’ conversation‚ C had made an inquiry in to the details of the ‘differential pricing’. If evidence suggested that E gave the document on her own accord‚ then this argument would be weakened. Thirdly‚ the two schemes
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Contracts Essay One – Module 8 Does Peter have an enforceable contract against Don? Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code‚ which would be used if their agreement had involved the sale of goods. In order for a contract
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there is binding contract between the two parties‚ Baldcure Ltd. and Gary Knudenut‚ and consequently whether Gary can sue under that contract. Rule A contract is a legally enforceable agreement between two or more parties. To be valid‚ a contract must comprise of the following elements: - agreement (offer + acceptance) - intention - consideration - capacity to contract - consent - legality In order to establish whether there is a binding contract between Gary and
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Contracts Cyril made two contracts. The first was to have his house painted one month from the date of the written contract. The second was for his neighbor’s 1957 Ford Thunderbird. Each contract was definite and clear in all respects. As to the house painting‚ Cyril inquired with the painter as to when the work could begin. The painter explained that he was extremely busy and was not sure if he could fulfill the contract. Cyril flew into a rage and immediately hired someone else
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CONTRACT No. FRKL145 Between the undersigned: Bradiaga Krills Ltd‚ a company whose head office is located at 5 Profsouznaya st.‚ Murmansk‚ Russian Federetion‚ represented by General Manager Mr. Ivan Ivanov hereinafter referred to as the “Seller” on the one hand and Bizzard Ltd‚ a company whose head office is located at 34 King st.‚ Aberdeen‚ United Kingdom‚ represented by General Manager Mr. Elton John hereinafter referred to as the Buyer on the other hand WHEREAS the Seller
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The common law view of pre-registration contracts was that the company did not exist for legal purposes until it had been formally incorporated (registered). This common law view resulted in company’s being unable to enter a binding contract until they had been registered. However "given the delays which can be encountered in the registration process‚ the promoter of a company may wish to enter into contracts `for’ the company prior to its incorporation" . An example of this may be a promoter
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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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WEEK 3 – THE FORMATION OF CONTRACTS Apply Your Knowledge (EXERCISE 4 – CONTRACT OR NOT?) Review the essential elements of a valid and enforceable contract and decide whether a valid‚ void or voidable contract has been formed in each of the following situations. Provide a legal explanation for your decision. 1. Last year‚ Smith‚ the owner of a retail business‚ in an attempt to reduce employee absenteeism due to illness‚ offered to give any employee who quit smoking for a year a $500
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this function. Reverse auctions to negotiate global hotel contracts A direct reversed auction open to all hotels is not the preferable approach to negotiate global hotel contracts. Traveling and lodging is a service used by most companies but it is not easy to forecast the upcoming demand on travel. In addition to volume
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Basis for Advertising Contract: Google‚ Inc.‚ promises to offer advertising services to a customer in accordance to the terms outlined in the contract. The terms will govern the customer’s participation in Google’s advertising offerings and programs and how to remedy disputes. The provisions to be included in the contract must satisfy the criteria of a valid contract. Specifically‚ the contract must include an offer‚ an acceptance‚ consideration‚ capacity and a lawful purpose. Below‚ we attempt
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