Common Contracts paper Alyssa Baker-Brake LAW/421 Lina Malanzo 07/01/13 Contracts are a written promise to do something‚ or not to do something. The purpose of the contract is to ensure that both parties will perform the duties that they have promised to do‚ or to prevent something that was promised to prevent. Contracts are here to ensure that people follow through with their word when they promise to do something. With a contract‚ you can make a promise a legal obligation. I have personally
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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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It is trite law that an insurer under a contract of indemnity insurance‚ who has satisfied the claim of the insured‚ is entitled to be placed in the insured’s position in respect of all rights and remedies against other parties which were vested in the insured in relation to the subject-matter of the insurance1. Where the insured has proceeded against the third party after the insurer had paid out the claim and without the insurer’s authority as happened in Visser v Incorporated General Insurances
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of the contract Termination of the contract Under common law‚ a contract of employment may be terminated by: (a) Agreement with notice; (b) Death of the employer or employee; (c) Frustration; (d) Insolvency; or (e) Breach. Termination by agreement with notice The ending of a contract of employment is most often achieved without any breach of its terms. A contract can be terminated at common law by either party giving the notice required by the terms of the contract‚ or by
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enter into a short futures contract to sell July silver for $17.20 per ounce. The size of the contract is 5‚000 ounces. The initial margin is $4‚000‚ and the maintenance margin is $3‚000. What change in the futures price will lead to a margin call? What happens if you do not meet the margin call? Problem 5.2. What is the difference between the forward price and the value of a forward contract? Problem 5.3. Suppose that you enter into a six-month forward contract on a non-dividend-paying stock
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Wilburn Western Civilization II Allison Elledge 2/28/14 What is the Social Contract? How was one to be able to be governed and still remain free men? The Social Contract was an agreement that was part moral and part political obligation that depended on the people to form society. The entire contract explains the aspects to answer this question (Rousseau‚ Jean Jacques. "The Social Contract."). The contract states that there is a way for a person to be part of a society‚ yet still be able
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CIPD Factsheet The psychological contract Revised July 2011 ------------------------------------------------- What is the psychological contract? The term ’psychological contract ’ was first used in the early 1960s but became more popular following the economic downturn in the early 1990s. It has been defined as ’…the perceptions of the two parties‚ employee and employer‚ of what their mutual obligations are towards each other ’1. These obligations will often be informal and imprecise:
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essential that the parties extend commonly beneficial objectives and a high level of commitment‚ corporation and trust. When quarrels do occur‚ without good relationships between the parties they are likely to go back and refer to the clauses of the contract‚ which may start to turn to adversarial ways of working (Faisol‚ Dainty &Price). Although more and more academic papers have discussed the concept of relational contracting‚ there is still no consent on the specific and comprehensive meaning of
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Question 1: a) Explain the main characteristics of a consumer contract. Sale of Goods Act 1979 (SOGA 1979) is amended by Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002 The Contract for Sale of Goods A contract for the sale of goods is ‘a contract in which the seller transfers‚ or agrees to transfer‚ the property in goods to a buyer for a money consideration‚ called the price’ This contract contains two conditions‚ Both ‘sale’ and ‘agreement to sell
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DISCHARGE OF A CONTRACT Normally the completion of a contract is straightforward as parties carry out their tasks as required. There are four main different ways of ending a contract: a) Discharge by performance b) Discharge by agreement c) Discharge by breach d) Discharge by frustration DISCHARGE BY PERFORMANCE For this the courts expect performance to be exact and complete. This means that it must match contractual obligations RE MOORE AND LANDAUER (1921) If requiring a contract to be complete
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