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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CONTENTS 1. BACKGROUND: 1 2. CONTRACT: 1 2.1 VALID CONTRACT: 2 2.2 VOID CONTRACT: 2 2.3 VOIDABLE CONTRACT: 2 3. SALES CONTRACT: 3 3.1 SUBJECT MATTER (MAL): 3 3.2 CLASSIFICATION OF MAL: 4 3.3 CONDITIONS OF VALIDITY OF SALE: 4 3.4 PROHIBITED SALES: 7 3.5 KINDS OF SALE TRANSACTIONS: 10 3.5.1 BAY AL MUQAYADAH: 11 3.5.2 BAY AL MUTLAQ: 11 3.5.3 BAY AL SARF: 12 3.5.4 SALAM CONTRACT: 13 3.5.5 ISTISNA 16 3.5.6 MURABAHAH 19 3.5.7 BAY’AL-MUAJJAL 22 4
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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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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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Hartly & The Auto Dealer What do you think about this situation? Should parties to a sales contract be able to rescind a contract because of mutual mistake of fact? Why or why not? Did either party act unethically in this case? Why or why not? What application does the UCC have here? Finally‚ in the overall context of contract law‚ are there any winners or losers when a contract is rescinded based on mutual mistake of fact? Why or why not? In my studies of the case‚ I read about
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The importance of the essential elements required for the formation of a valid contract-explain (P1.1) A contract will be enforceable if it can satisfy some basic conditions. These type conditions are known as elements of essential for a valid contract. Every legal contract satisfies these conditions. Without satisfying these conditions a contract can’t be acceptable. That’s why for the formation of a legal contract satisfying the essential elements is very important. The importance of the essential
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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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