OUTLINE OF LECTURE IN LAW ON CONTRACTS (Defective Contracts) 1. Defective contracts a. Rescissible contract – valid until rescinded; b. Voidable contract – valid until annulled; c. Unenforceable contract – cannot be sued upon or enforced unless ratified; d. Void contract – no effect at all‚ cannot be ratified or validated 2. Rescission Rescission is the remedy granted by law to the contracting parties and sometimes even to third persons in order to recover indemnity
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BUSINESS LAW ASSIGNMENT ------------------------------------------------- “To create a binding agreement the acceptance must occur‚ and that ‘acceptance’ must be final and absolutely unconditional. This is clear under Australian contract law.” ------------------------------------------------- ------------------------------------------------- Discuss the accuracy of this statement. In order to discuss the accuracy of this statement we must first understand the concept of ‘acceptance’.
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A contract intends to formalize an agreement of two or more parties‚ in relation to a particular subject. Contracts can cover an extremely broad range of matters including the sale of goods or real property‚ the terms of employment or of an independent contractor relationship‚ the settlement of a dispute and ownership of intellectual property developed as part of work for hire. Essential Elements of a Contract * Clear certain and communicated agreement. Meaning that the parties are consensus
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of a Contract Angelique Gares BUS670 Legal Environment Professor Roger Amos May 24‚ 2010 . This paper is a study of the Element of a Contract detailing the essential elements that constitute a legal binding agreement. A contract can be defined as an agreement between two or more persons for example‚ individuals‚ organizations or government agencies and or business‚ to do‚ or to refrain from doing something in exchange for something of value. The text states “to qualify as a contract‚ a set
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of a Contract “A contract is an agreement that can be enforced in court. It is formed by two or more parties who agree to perform or to refrain from performing some act now or in the future.” (pg 208) Recently I was faced with a situation regarding a contract that was not in writing and I had to explain that as long as a verbal contract contains the four essential elements of a contract it is binding. We are so accustomed to seeing contracts in writing that many people assume that a contract must
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is this class about‚” I thought to myself when I first registered for the Intro to Acquisition and Contract Management Class. Once I attended the class‚ I quickly realized that Government contracting is a big deal‚ because this is how the Government procures their goods and services. The U.S. federal government is the leading consumer of goods and services in the world‚ awarding Billions in contracts every year. There are rules and regulations mandated by Congress that have to be followed when procuring
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Breach of Contract BUS311: Business Law Instructor Katheryne Rogers 3/18/2011 Breach of Contract Breach of contract can happen by a party intentionally breaching the contract or because of unexpected delays. In this paper I will discuss the contract my brother had with an in home appliance sales company. My brother and his wife purchased all of their appliances for their new home from an appliance company. The written agreement was that payment for the appliances was to be made upon delivery
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Contract Reflection Yinan Edwards Law 421 7/14/2014 Miriam Gold Contract Reflection After four weeks of studying‚ I found it that I am comfortable with week 2 and week 3‚ but I struggled with week 1 and week 4. Since my background is different from others‚ and China has few in common with the American law system‚ I found it very difficult to understand the law structure and the UCC sales. In the other hand‚ I had a few jobs in a special field‚ and I have run into some problems which are related
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Introduction For parties to be bound by an agreement‚ it must first be determined if a prima facie valid and enforceable contract exists. A contract can be defined as an agreement containing promises made between two or more parties with the intention of creating certain legal rights and obligations and enforceable in a court of law [1]. For a legally binding contract to exist the following elements must be satisfied: 1. An offer must exist 2. The offer must be accepted 3
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Contract A contract is a promise between two or more persons involving the exchange of some good or service. Some of the basic elements of a contract include: an offer and an acceptance; "capacity‚" or being of legal age and sound competence; "mutual assent‚" or agreement on the terms of a contract; and "consideration‚" or compensation for goods or services rendered. The element that distinguishes a contract from an informal agreements is that it is legally binding:the law provides
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