CONTRACT – DISCHARGE (Pg 161) Discharge refers to a termination of a contract. After a contract is discharged‚ the parties are relieved of their obligations under the contract. There are four ways Performance‚ Breach‚ Agreement and Frustration. Performance Performance – discharging a contract by performing all obligations as stipulated in the contract. Precise Performance Cutter v Powell (1795) The court held that payment was conditional upon the completion of the voyage; payment even
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Occupiers Liability for Dangerous Premises Occupiers’ liability is a field of tort law‚ codified in statute‚ which concerns the duty of care that those who occupy (through ownership or lease) real property owe to people who visit or trespass. It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises. By the expression “Premises” in the context of this topic is meant‚ not only‚ land and buildings but also vehicles‚ railway carriages‚ scaffolding
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Case Study You arrange to meet your boyfriend at the Patio Hotel on Saturday night. Your best friend witnessed the two of you making the arrangement. It is to celebrate your birthday and you buy a new dress‚ shoes and accessories for the date. He does not turn up and does not text you with an explanation. Can you sue him? If so‚ why? If not‚ why not? She would be unable to sue him as this is a social agreement which is unenforceable by law. Neither party has entered into a legally binding
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1. Definition of Clause According to Legal dictionary‚ clause is referring to a section‚ phrase‚ paragraph‚ or segment of a legal document‚ such as a contract‚ deed‚ will‚ or constitution‚ that relates to a particular point. A document is usually broken into several numbered components so that specific sections can be easily located. The Supremacy Clause‚ for example‚ is part of Article IV of the U.S. Constitution An exclusion clause is a term in a contract that seeks to restrict the rights of
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1) A contract is an agreement made between two or more parties which are recognised by Law. There have been many scenarios such as the rejection of offer‚ leaving a voicemail to accept the offer‚ letter been posted on the same day and also a note through the door stating that offer has been accepted by David. First of all‚ in our case Arthur decides to sell his car putting a notice in his rear window of the car door. This action represents an offer not an invitation to treat. An offer is when one
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Capacity and Privity of Contract LGST101 Business Law Professor George Shenoy Group Members: Ue Mu En‚ Esther Goh Yue Lin‚ Sylvia Fong Li Chu Sabina Sun Chao Ng Shi Ya 1 Content Page 1. Case Summary 2. Can Brad sue Jennifer? 2.1 2.2 2.3 2.4 Validity of Contract Breach of Contract Brad cannot sue Jennifer Brad can sue Jennifer 3. Can Angelina sue Jennifer? 3.1 3.2 Angelina cannot sue Jennifer Angelina can sue Jennifer 3.2.1 3.2.2 3.2.3 Contract
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Tutorial 1- Introduction to Legal Environment of Business 1a) This is a civil matter as it is a private dispute between S and T which is not harmful to society. The dispute should be resolved through mediation. This is because it is cheaper‚ faster‚ more informal‚ and also private. Most importantly‚ it creates a win-win situation which will allow S and T to preserve their business relationship and compromise to settle the dispute amicably. b) This is a criminal and civil matter. It is criminal
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THE TORT OF NEGLIGENCE - DUTY OF CARE EXISTENCE OF A DUTY Donoghue v Stevenson [1932] AC 562‚ • Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. He said: "The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour; and the lawyer’s question‚ Who is my neighbour? … You must take reasonable care to avoid acts or omissions which
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Assignment 1 Common Law By: Tita Amalia V. 1. Jonathan and an international business transaction Two parties reach agreement on the terms of the sale of a product from one party to the other. The agreement was written and signed by both parties in the presence of their lawyers. a) Do the parties have a valid and enforceable contract? Before a contract is formed‚ there must be agreement consisting of offer and acceptance‚ intention to form a contract‚ and consideration. Without
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CHAPTER 15 FRUSTRATION CONTENTS Introduction Frustrating events Limitations on the doctrine Effects of frustration: common law Effects of frustration: Law Reform (Frustrated Contracts) Act 1943 15.6 Relief in cases of hardship under the international contract law instruments 15.7 Additional reading 15.1 15.2 15.3 15.4 15.5 905 914 927 937 941 961 964 15.1 INTRODUCTION In this chapter we will be considering the doctrine of frustration. This concerns the situation where‚ following formation of a
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