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 Defective contracts a. Rescissible contract – valid until rescinded; b. Voidable contract – valid until annulled; c. Unenforceable contract – cannot be sued upon or enforced unless ratified; d. Void contract – no effect at all‚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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BU130 Working and Learning: Learning Contract template We have provided this template to help you to build up and structure your learning contract. You will find an introduction to the learning contract in Activity 1.6 of the Study Guide and you will find detailed guidance in the Learning Contract Guidance. This will have been sent to you as a printed booklet and is also available on the Study Resources section of the Module web-site. For each of the five sections of this template there
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179 that “equity comes in........ to mitigate the rigours of strict law.......... it prevents a person from insisting on his strict legal rights.... when it would be inequitable for him to do so having regards to the dealings which has taken place between the parties”. An example of promissory estoppel is where A promises B that he would not enforce his legal rights and B acted and relied on it without giving any consideration‚ equity would not allow A to renege on his promise to B. The modern
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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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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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Purpose The purpose of this paper is address the issue of turnaround time in contract negotiations. We will present recommendations on how to streamline the contract negotiation process by implementing a change in the current process and creating a standard contract. Background Liferay‚ Inc. is a software and service oriented company who has an open-sourced product. It was founded in 2004 in response to growing demand for Liferay Portal‚ the market’s leading independent portal product that was garnering
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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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A futures contract is a commitment to make or take delivery of a specific quantity of a commodity or other financial obligation at a predetermined place and time in the future. All terms of the contract are standardized and established beforehand‚ except for the price‚ which is determined by open outcry in a pit or ring on the exchange trading floor of a commodity exchange. All contracts ultimately are settled either through liquidation (by offsetting purchases or sales) or by the delivery of the
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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 case scenario starts off by stating that two employees of the hospital engaged in an exclusive contract. Since Ortiz agreement was to provide services to individuals in rural communities it ended up lowering the fees for the anesthesiologist so he decided to renegotiate his contract with the hospital which breached his original contract between the two of them causing the anesthetist services with the hospital. In turn leading to a lawsuit filed sharing that there was a violation made regarding
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