Contract Law Essays

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Difference Between Offer And Invitation

A contract is an agreement between the contractor and the client which is binding in law. Clients define the project objectives, schedule ... ...

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Main Elements Constituting A Valid Contract

Contract is an official agreement. It could be written or even be in oral. Contracts can be written by using formal or... ...

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Intention To Create Legal Relations

As we all know, intention to create legal relations is part of elements in contract. ...

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Malaysian

In Malaysia, our contract law is basically governed and enforced by the Contract Act 1950. The remedy of specific performance presupposes... ...

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Five Vitiating Factors That Undermine A Contract

There are five vitiating factors that undermine a contract: Misrepresentation, Mistake, Duress, Undue Influence and Illegality. 1 Consider ... ...

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Contract Of Carriage

Contract of carriage. The contract of carriage for monetary reward constitutes a type of locatio conductio operis, which is a contract for the letting and hiring of services, whereas an agreement of gratuitous carriage will classify the contract as one of deposit. ...

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Contract Breach Claim

Contract Breach Claim. This question relates to 3 contracts. The first contract is between Douglas and Jill ...

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Contract Law Terms

Contract Law Terms. The works to be carried out under a contract based on the Joint Contracts Tribunal SFBC 1998 are described in the contract documents, and under Article 1 of the contract the contractor ...

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Damages Under Indian Contract Act Law Essays

Section 73 of the Contract Act is lays down the provision relating to damages. ...

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Contract Fraudulent Misrepresentation

Contract Fraudulent Misrepresentation. The House of Lords' decision in Shogun Finance Ltd v Hudson [2003] UKHL 62 implicitly cautions against the hazards associated with exchange of title in the purchase of second-hand goods. It establishes risk is not mitigated where the contract of sale is induced by virtue of fraudulent misrepresentation. ...

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Victoria Contracted Splosh Ld

Pacta sunt servanda, (agreements are to be kept; treaties are to be observed) [1] is a Roman maxim designed to encourage good practice in contracts. ...

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Exclusion And Limiting Terms

The complication often occurs when a defendant tries to limit his obligation to the plaintiff. To overcome this obstruction, court determines the legal rights and liabilities so that there is no loss to either party. Moreover express terms are not necessary to be... ...

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Contract Law And Principles

Contract Law and Principles. This statement was made by Lord Mansfield in 1766 and was an (unsuccessful) attempt to raise good faith to the level of a general principle, the common law as it subsequently developed rejected his initiative... ...

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Building Contract Jct

Building Contract JCT - It is an essential characteristic of legally binding contract that consideration passes between the parties to it. In simple terms that exchange is encapsulated in the foundation Articles of the SFBC 98, which provide that... ...

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Sale Of Goods Essay

Sales of Goods. Contracts relating to the sale of goods are governed by the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994). ...

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Breach Of Contract Damages Law Essay

There are various remedies available to a business provider in the event of a breach of contract. ...

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Aspects Of Contract

The Sale of Goods Act 1979 deals only with contractual rights and duties. ...

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Giving Advise To Parties For Their Claims And Liabilities

In this scenario Penelope has bought a garden shed, at a reduced price, from a supplier. She arranges for the shed supplier to deliver and assemble the shed behind her shop by signing a form. ...

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Stilk V Myrick

Stilk v Myrick is a case that was decided over 200 years ago but nonetheless the principle that it developed remains a core feature of the law of contract and more particularly that of consideration. ...

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Krell V Henry And Herne Bay Stream V Hutton

Two cases that revolve around similar facts and were decided by the same Court of Appeal in 1903 within a few days’ interval, yet reconciling the rationale leading to the two different outcomes of the respective cases is often questionable ...

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Advising A Client To Make A Claim Against A Large Company

The construction of the contract is vital.  Clause 2.1 was therefore incorporated as a result of Elliot signing the contract (regardless of whether or not he read the document) as the exclusion clause was present at the time the contract was made. ...

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Do Judges Decisions Favour The Employee

Implied Terms are terms introduced into contracts either by statute, custom or the courts. Traditionally, terms were implied by courts based on necessity and reasonableness. ...

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Consumer Orientated Realist Approach

The case law concerned with mistake as to identity has led to the undesirable position in which parties to a contract are unable to predict the answers in any particular case ...

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Carlill V Carbolic Smoke Ball Co

The difference between a valid offer and a mere invitation to treat, especially in the world of advertisements but also beyond, can be difficult to establish. ...

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Contractual Acceptance By Email

The Postal Acceptance Rule (The Postal rule) is an exception to the general rule which states that acceptance must actually be communicated to the offeror by the offeree ...

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Definitions Of Different Contract Types

I am employed as a legal executive in a firm of solicitors. A clients (Mr. Tuan) has come and seeking advice on several claims.. ...

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Failure To Act As Reasonable Persons Would

Introduction Negligence has begun in United States of America (US) since 1830 to 1840’s. During this early period, the scope is only on general ... ...

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Every Contract Has Five Essential Elements

Firstly in this question we have to define what is a contract. We would define a contract as a legally enforceable agreement between two or more ... ...

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What Is Constitute Consideration

Introduction What is Consideration? Consideration is a necessary factor that for the information in the contract. It consists of a promise ... ...

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