Business Law | Contract Analysis | Westwood College | Eric Givens 2/12/2013 | Contract Analysis A contract is a legal document between two or more parties. There are several elements that are necessary in order to make a contract enforceable. The specifics of these various elements may differ from state to state‚ but all seven of the elements must be present in order for the contract to exist. As such‚ if one of these elements is missing‚ a contract can be voided and the parties
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Business Scenarios and Case Problems 9-1. Contracts by Minors…Discuss Kalen’s liability in this situation. Kalen is a seventeen year old boy who rented an apartment for $500 a month‚ after consistently paying for rent for 4 months‚ he decides to return the key and not pay rent for the rest of the remaining months on the contract. I would think that this is classified as “disaffirmance”. Since he is seventeen‚ and a minor when he leaves the apartment‚ he is able to legally avoid his contractual obligation
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Contract Bundling 1. What is contract bundling? According to FAR 2.101 the definition of a bundled contract or bundling refers to the consolidation of two or more procurement requirements for goods or services previously provided or performed under separate smaller contracts into a solicitation of offers for a single contract that is likely to be unsuitable for award to a small business. What this really means is that contract bundling happens when two or more contracts intended for small businesses
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Law of Agency – the Contracts Act 1950 Great Northern Railway Co v Swaffield states that where impossible to get principal’s instructions‚ the agent’s action is necessary to prevent loss and the agent has acted in good faith‚ an agency of necessity arises. The Contracts Act 1950 states that an agent has to obey principal’s instructions. The Contracts Act 1950 states that an agent has to be careful‚ diligent and use any skill that he may
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“Freedom of contract is the bedrock of English private law” Freedom of contract is defined as the: “Right of an adult to make a legally binding mutual agreement with one or more other persons‚ without governmental interference as to what type of obligations he or she can take upon himself or herself.”[1] English law has for a while now been known as believing in freedom of contract. This means that the state has not‚ normally‚ enforced legislation which has got in the way when it comes to the
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CONTRACTS OF INDEMNITY Definition Section 124 of the Contract Act defines a contract of indemnity as a contract by which one party promises to save the other party from loss caused to him by the conduct of the promisor himself‚ or by the conduct of any other person. P. contracts to indemnify Q against the consequences of any proceeding which R may. take against Q in respect of a certain sum of Rs. 200. This is a Contract of Indemnity: P is called the indemnifier and Q the Indemnity-holder. Characteristics
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law of contractWeather contract between Cheff Reez and Marimar Hotel is void. Principle Offer S.2(a) when a person signifies his willingness to do or abstain from doing anything‚ with a view to obtain the assent of that other to the act of abstinence‚ he said to make a proposal. Acceptance S.2(b) when the person to whom the proposal is made signifies his assent thereto‚the proposal is said to be accepted. A proposal when accepted ‚becomes promise. S.7(b) In order to convert a proposal
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The existence of contract law is to prevent any sort of illegal behaviour‚ injustice and to clarify any confusion or misunderstanding amongst the offerror and the offeree. Everybody in this world is an offeree as we all purchase goods and services to meet our personal needs and if our expectations are not met‚ there is a problem which is why the contract is created for both parties to follow. However‚ if either of them fails to do so‚ then they are in breach of contract and the aggrieved party has
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Short Paper: Living Ethically through a Social Contract Olivia Harris ETHC 445N: Principles of Ethics Living Ethically through a Social Contract Scenario 1: The Mayor of a large city was given a free membership in an exclusive golf club by people who have received several city contracts. He also accepted gifts from organizations that have not done business with the City but might in the future. The gifts ranged from $200 tickets to professional sports events to designer watches and jewelry
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In Malaysia‚ our contract law is basically governed and enforced by the Contract Act 1950. The remedy of specific performance presupposes the existence of a valid contract between the parties to the controversy. The terms of the contract must be definite and certain. This is significant because equity cannot be expected to enforce either an invalid contract or one that is so vague in its terms that equity cannot determine exactly what it must order each party to perform. It would be unjust for a
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