Contract Law Essays

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The Social Contract Theories Of Thomas Hobbes And John Locke

Thomas Hobbes (1588 1679) and John Locke (1632 1704) developed their political theories at a time of religious, political and social upheaval in England.

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Analyze Whether It Is Offer Or Invitation To Treat

Based on this statement, we have to analyze whether it is offer or invitation to treat. According to the Section 2 (a) Contracts Act 1950, offer is...

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Construction The Triangle Of Cost

As per the scenario my client is a leading manufacturer in UK for the confectionaries it means that the client is well experianced ...

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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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Duty Of Care In Supermarket Food Law Essay

One part of the fact is that Beauty ordered some foods and drinks from Best Food to entertain guests. However, many guests got sick and rushed to ...

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Negligence Is The Most Important Modern Law

Negligence essentially concerned with compensating people who have suffered damage as a result of carelessness of others, but the law does not ...

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Fraud Claim In Absence Of Justifiable Reliance

Is the plaintiff’s fraud claim barred in Absence of Justifiable reliance? Is reliance element in fraud the same considering the principle ...

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Promissory Estoppel In Tax Laws

One of the impending problems that confront taxpayers in their relationship with the Tax Department revolves around the credibility ...

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Most Advertisements Are Held Not To Be Offers

This question is about the formation of contracts. The first issue is the status of the advertisement placed in the local newspaper by Brandon. ...

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Rights And Obligations Of Parties Under Contract

A contract is an agreement between parties which is binding in law. Furthermore the rights and obligations of the parties under a contract may ...

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Judges Unwilling Declare Contract As Frustrated

The difference between breach and frustration is very trivial/ or slander, judges are unwilling to declare contract to be frustrated. Discuss ...

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The Contracts Rights Of Third Parties

The Contracts (Rights of Third Parties) Act 1999] does make an improvement to the law in that it reforms a doctrine which many parties regarded as unjust and commercially inconvenient

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Law Of Evidence Exceptions

This research paper is mainly concerned with discussing the best evidence rule in the context of Sections 91 and 92 of the Indian Evidence Act, 1872...

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Exceptions To The Parol Evidence Rule

Most of the contractual disputes concern the parties’ rights and obligations under the contract. To resolve this kind of disputes the courts ...

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Exemption Clauses As Terms Of The Contracts

This question concerns with exemption clauses. Exemptions clauses are terms in a contract which limit or exclude liability for breach of contract ...

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Extent Of The Implied Obligation Of Seaworthiness

An Examination of the Extent of the Implied Obligation of Seaworthiness and the Effects of Breach Introduction The carrier to provide a ship ...

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It Is Necessary To Enforce Unilateral Contracts

Some scholars believe that since unilateral contracts do not involve a bargain between the offeror and acceptor, they should not be considered ...

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Performance Of Existing Duty Shouldnt Constitute Consideration

Consideration itself means ‘some right, interest, profit or benefit accruing to one party or some forbearance, detriment, loss of responsibility ...

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Breach Of Contract Failure Of Party To Fulfil Its Contractual Obligations

-P Uthara Priyadharshini* Breach of any contract is mostly due to failure of one party to fulfil its contractual obligations. There are several ...

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Contracts And Completion Dates

Introduction: It is assumed that the contractor started the work in May, 2007 after the acceptance of letter of intent by Morrissey & Marr from ...

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To Act On Companys Behalf Entering Contract

Corporations Act s 124 states that once a company is registered, it is granted the legal capacity and powers of an individual, which includes ...

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Remedies For Breaches Of

2.1 Introduction A contract is an agreement or promise made between two or more parties that the courts will enforce. In some cases ...

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Comparative Analysis

The subject of this dissertation is the retention of title clause (ROT) in Belgium, the United Kingdom and the European perspective. Retention of title is on the crossroads of several law themes. It involves contractual issues...

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An Agreement With Specific Terms

An offer refers to the willingness to contract within some specified terms .On the other hand, an acceptance is the unconditional agreement to the ...

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Remoteness And Intensity Of Damage Suffered

Tort is a civil wrong for which the law provides a remedy. The objectives of tort are deterrence that is to correct wrong to prevent future ...

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What The Parties Said Or Wrote

TERMS OF THE CONTRACT The parol evidence rule is that where the record of a transaction is embodied in a document, extrinsic evidence ...

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An Unambiguous False Statement Of Existing Fact

An actionable misrepresentation is an unambiguous false statement of existing fact, made to the claimant, which is material and induced him to ...

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Are The Claimants Owed Duty Of Care

As the three potential cases refer to the breach of duty of care it would appear important to firstly decide if the claimants were in fact owed ...

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Offer And Acceptance Analysis Formula

The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical ...

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The Legal Meaning Of Kafalah

Definition: “A contract of guarantee is a contract to perform the promise or discharge the liability of a third person in case of his ....

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What Constitutes Contract And What Constitutes Agreement

A valid contract is which of all essential components which present and in which the court would enforce as a legally binding promise. Agreements ...

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When A Contract Has Been Broken Remedies

What is a Contract? The term contract is defined in section 2(h) of the Indian Contract Act, 1872, as follows: An agreement enforceable ...

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History Of The Indian Contract Act 1872

The Indian Contract Act brings within its ambit the contractual rights that have been granted to the citizens of India. It endows rights, duties ...

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The Implied Terms Should Not Contradict The Express Terms

In this case involving 2 friends, we could clearly identify that Charles did not fulfill his responsibility for Barry to design and construct the unique steel framed factory to satisfactory level...

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Architect Was Functus Officio

The plaintiffs were contractors to the defendants under a contract in the JCT Standard Form, 1980 Private edition with Quantities. The date for completion was 28th February 1986 with liquidated damages of £700 per week. The plaintiffs did not complete the works by the completion date but were granted an extension of time on 9th March 1986 until 25th March 1986. On that day the Architect ...

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