Universiteit van Amsterdam Faculteit der Rechtsgeleerdheid Anglo-American Contract and Tort law Interpretation of contracts ‘’ To what extend does the interpretation of Dutch contracts differ from English contracts. ’’ Naam: A.N.Y. van der Looij Studentnummer: 5610303 Begeleider: Professor H. Beale Amsterdam‚ 14th of June 2013 Table of contents Chapter 1 Preface 3 1.1 Neccessity of interpretation 3 1.2 ‘’Objective’’ and ‘’Subjective’’ interpretation 3
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the American one‚ United Kingdom’s (UK) and Hong Kong’s (HK) do not recognize the approach of general principle of good faith in contract law‚ as illustrated in Walford v Miles1. Yet‚ good faith should be promoted in UK and HK because one should value fairness in the whole course of dealing‚ from the point of pre-contractual negotiations till the discharge of he contracts. This essay aims at showing the merits of a good faith doctrine and possible implications on the UK and HK legal system so as to
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“The parties to an executory contract are often faced‚ in the course of carrying it out‚ with a turn of events which they did not at all anticipate – a wholly abnormal rise or fall in prices‚ a sudden depreciation of currency‚ an unexpected obstacle to the execution‚ or the like. Yet this does not in itself affect the bargain which they have made…” (per Lord Simon in British Movietonews Ltd. v. London and District Cinemas [1952] A.C. 166 at 185). Discuss this dictum and explain the respects in
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(6)Discharge by Agreement or Consent The contract rests on the agreement of the parties. The parties may get discharged from the obligations of performance of contract by agreement or mutual consent. By Agreement or Consent • By novation • By “accord and satisfaction” • By remission and waiver The discharge by consent may be express or implied. Discharge by consent:- (a)Novation: When a new contract is substituted for an existing one‚ either between the same parties or between the one of
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INFRASTRUCTURE CONCESSION CONTRACTS: AN INTRODUCTION #2/July 08 What is infrastructure concession contract? What are the advantages and disadvantages of concession contracts? This paper addresses these two questions. Also‚ it outlines the basics of infrastructure concession contracts. I. Introduction Ownership of public assets is a sensitive issue for all governments. However‚ budgetary shortfalls as well as the repeated failure of governments all over the world to maintain these assets have
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Dr. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY LUCKNOW. SESSION 2013-2014 A Project on " Immunity of agent- a detailed study" Under the Supervision of Dr Visalakshi Vegesna Assistant Professor Submitted by Umaima Shahnawaz B.A.L.L.B(Hons.) IIIrd Semester Roll no-147 ACKNOWLEDGEMENT I would like to express my special thanks of gratitude to my teacher Dr. Visalakshi Vegesna who gave me the golden opportunity to do this wonderful project on the topic " Immunity of agent- a detailed
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contract but do not appear to be a relevant issue here. While it is possible for offers to be "made to the world”1‚ K ’s advertisement is an "invitation to treat"2. It cannot be construed as an offer as it shows no intention on K ’s part to be bound to its terms‚ in contrast to the wording of the advertisement in Carlill v Carbolic Smoke Ba// Co3. Thus A ’s letter to K dated 21 April is the first possibility of an offer. However the terms of this letter are too vague to be construed as an offer
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CONTRACT OF LAW Contract can be defined as ‘an agreement enforceable by law’. In other words‚ a contract is an agreement made between two(2) parties or more which is legally binding between the parties. There are six (6) basic elements in the contract : 1. Offer refers to a proposal that is capable of being converted into an agreement by its acceptance. Section 2(a) of Contract Act 1950 provides that when a person signifies another his willingness to do or to abstain from doing anything‚ with
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Defective Contracts Contract Classification Basis of Defect Status of the Contract Legal Effects Prescriptive Period Ratifiability A.Rescissible There is damage or injury either to one of the contracting parties or to a third person. Valid Considered valid and enforceable until they are rescinded by a competent court. The action for prescription may prescribe. NO 1. Contracts entered into in behalf of wards 2. Contracts agreed upon in representation of absentees 3. Contracts undertaken
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over eighteen and are of sound mind and in the each scenario they intend to enter a legally binding contract. For a contract to come into existence there have to be three steps involved: • Agreement (Offer and Acceptance) • Consideration • Intention to create legal relations All three scenarios are supported by “consideration”. The general idea of consideration is that contracts involve an exchange in which both parties give something in exchange for the promise of the other
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