83 Introduction. Contract Law - its broadest aims. Contract Law in India all over the world has two primary functions. Even a lay person will be able to guess what these two functions are. Contract law is conceptualised‚ codified and enforced primarily for two reasons: Ensuring that contracts are formed legally and in keeping with the principles of justice‚ equity and good conscience; and specifying remedies for an injured party if the other performs a breach of the contract. The subject under
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Contract: a legally enforceable agreement General Rule (GR) for an agreement to be legally enforceable‚ following requirements must be satisfied: 1. There is an agreement between the parties (2 or more persons) 2. The parties intended to create legal relations 3. Each party has provided consideration‚ that is‚ paid a price or made a promise GR for an agreement to be formed: 1. One person (the offeror) has made an offer 2. Another person (the offeree) has accepted the offer 3. The offeree
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Negligence is a tort‚ involving another person’s failure to take reasonable care in circumstances where their conduct might foreseeably cause us harm or loss. What is a tort? • The Law of Torts is concerned with minimum standards of conduct expected between people. • To establish liability for a tort you have to go to court (ie. your right to expect certain conduct is conferred by law). Liability in tort is based upon a ‘relationship of liability’ existing between people‚ in contrast
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Mia K. Thompson LS311- Business Law I Kaplan University Professor James Starcher November 13‚ 2012 Introduction The purpose of this assignment is to discuss the renovation of Danile and Sondra Estelle home. To finance the cost they obtained a line of credit from Banc One‚ Indiana‚ which periodic does inspections to disburse funds. When the bank did the inspection they found the work to be of poor quality. When Allen failed to act on the Estelle’s complaints‚ they filed a suit in an Indiana
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Formation of the contract Terms of the contract Transfers of the property Transfer of the title Performance of the contract Remedies for breach 1.1 Definition of Goods Sale of Good Act 1957 defines the word goods as meaning ‘every kind of movable property other than actionable claims and money‚ and includes stock and shares‚ growing crops‚ grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. By virtue
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FORMALITIES Common law has no form requirements for contracts: oral contracts are enforceable Consequences of failure of complying with formal requirements vary from statute to statute but include penalties‚ fines and civil consequences ie. Non-enforceability of contract Legislation imposes formal requirements for certain types of contract (this goes beyond the common law) ; e.g.: Consumer credit (has to have warnings‚ and writing) Sale of motor vehicle (needs written work of purchasing car
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The Difference between Written and Unwritten Constitution are as follows: Written Constitution: Written constitution is one which is found in one or more than one legal documents duly enacted in the form of laws. It is precise‚ definite and systematic. It is the result of the conscious and deliberate efforts of the people. It is framed by a representative body duly elected by the people at a particular period in history. It is always promulgated on a specific date in history. The Constitution
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Monism and dualism in international law From Wikipedia‚ the free encyclopedia Jump to: navigation‚ search The terms monism and dualism are used to describe two different theories of the relationship between international law and national law. Contents[hide] * 1 Monism * 2 Dualism * 3 Examples * 4 A matter of national legal tradition * 5 The problem of “lex posterior” * 6 References | [edit] Monism Monists assume that the internal and international legal systems form a unity. Both
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CIVIL LAW GOLDEN NOTES 2011 UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LAW MANILA Academic Year 2011‐2012 CIVIL LAW STUDENT COUNCIL Lester John A. Lomeda Wilfredo T. Bonilla‚ Jr. Raissa S. Saipudin Bernadette Faustine C. Balao Marc Mikhaele J. Santos Victor Lorenzo L. Villanuea President Vice‐President Secretary Treasurer Auditor Public Relations Officer TEAM: BAR‐OPS 2011 Diane Camilla R. Borja Carlo Artemus V
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of Law Law performs many functions and plays a central role in business and society. Melvin (2011) stated "A generally accepted generic definition of the law is a body of rules of action or conduct prescribed by controlling authority‚ and having legal binding force." (p. 4). Law is comprised of statutes and precedents‚ leading to rules that tell us how to act in business and society. Law continues to grow and expand and is open to reason and interpretation. There are several types of law: constitutions
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