Contract Law Essays
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What is Vicarious Liability?
Example essay. Last modified: 21st Sep 2021
Vicarious liability is not a tort. Literally, it means that one person is liable for the torts of another....
An Offer Under Malaysian Contract Act 1950
Example essay. Last modified: 21st Sep 2021
In Malaysia, an offer in the context of the Contract Act 1950 is known as a ‘proposal’, which is defined in S. 2(a) of the Act....
Breach of Contract Case Summaries
Example essay. Last modified: 20th Sep 2021
Summaries of breach of contract cases including breaches under performance, agreement and frustration....
Postal Rule of Acceptance
Example essay. Last modified: 20th Sep 2021
This paper examines the creation, development and application of the postal rule of acceptance in contract law....
Difference Between Offer and Invitation to Treat
Example essay. Last modified: 20th Sep 2021
Clients and contractors should have a clear understanding of the rules of offer and acceptance and the invitation to treat in order to have a contract....
How is an Offer Terminated?
Example essay. Last modified: 1st Sep 2021
There are a number of ways for an offer to be terminated. They are events that may occur after an offer has been made which bring it to an end so that it can no longer be accepted....
Offers and Invitation to Treat
Example essay. Last modified: 31st Aug 2021
Offers and invitation to treat are the primary examples of transactions and they have certain procedures to secure interchange between people. This essay will focus on some human rights in the contract law. However, in order to understand briefly about law of contract we start with to comprehend binding contract....
Malaysian Contract Law
Example essay. Last modified: 31st Aug 2021
In Malaysia, our contract law is basically governed and enforced by the Contract Act 1950. The remedy of specific performance presupposes the existence of a valid contract between the parties to the controversy....
Intention to Create Legal Relations
Example essay. Last modified: 31st Aug 2021
Intention to create legal relations is defined as an intention to enter a legally binding agreement or contract. Intention to create legal relations is one of the necessary elements in formation of a contract....
Carlill v Carbolic Smoke Ball Co
Example essay. Last modified: 31st Aug 2021
The company made a product called “Smoke Ball”. It claimed to be a cure to influenza and many other diseases, in the context 1889-1890: Flu pandemic which is estimated to have killed 1 million people. The smoke ball was a rubber ball with a tube fixed to its opening....
Main Elements Constituting a Valid Contract
Example essay. Last modified: 31st Aug 2021
A contract has six important elements so that it will be valid which is offer, acceptance, consideration, intention to create legal relation, certainty and capacity. If the main elements are not in contract, it would be an invalid contract....
Right of Set-off in Building Contracts
Example essay. Last modified: 31st Aug 2021
. The principle laid down by Dawnays has been criticised by Gilbert Ash case at the House of Lords which declared that the decision in Dawnays was wrong thus the decision of the case “ought not to be allowed to stand(1)”...
Mistake is Mainly Error in Consent
Example essay. Last modified: 31st Aug 2021
Mistake in legal sense bears a more restricted meaning than in popular parlance. Mistake, which vitiates a contract, is sometimes referred to as “operative mistake”. At common law mistake of expression, want of mutuality and failure of expression would seem to stand apart from the law of mistake....
Extension of Time in Construction Contracts - JCT
Example essay. Last modified: 31st Aug 2021
Standard forms and bespoke construction contracts would contain extension of time clauses setting out the criteria on how extensions of time will be awarded. The JCT (Joint Contracts Tribunal) makes no reference to calculating an extension of time on the basis of actual delay to completion....
Elements of a Simple Contract and Misrepresentation
Example essay. Last modified: 31st Aug 2021
The case study deals with a simple contract, which is not required to be in writing....
Damages Under the Indian Contract Act
Example essay. Last modified: 31st Aug 2021
Damages under Section 73 of the Act are compensatory and not penal in nature. The explanation to this section further provides that in estimating the loss or damage arising from a breach of contract, the existing cost of remedying the inconvenience caused may be taken into account....
Presumptions as to Indian Evidence Act Documents
Example essay. Last modified: 26th Aug 2021
Presumptions are inferences which are drawn by the court with respect to the existence of certain facts. When certain facts are presumed to be in existence the party in whose favor they are presumed to exist need not discharge the burden of proof with respect to it...
Contract of Indemnity and Law of Guarantee
Example essay. Last modified: 26th Aug 2021
The English law definition of a contract of indemnity is – “it is a promise to save a person harmless from the consequences of an act”. Thus it includes within its ambit losses caused not merely by human agency but also those caused by accident or fire or other natural calamities....
Carlill v Carbolic Smoke Ball Company
Example essay. Last modified: 11th Jun 2021
Mrs. Louisa Elizabeth Carlill who had seen the advertisement bought one of the balls and eventually used it three times daily for nearly two months until when she contracted the flu on January 17, 1892. Hence due to her adherence of the instructions she claimed £100 reward from the Carbolic Smoke Ball Compan...
Advertisement is a Unilateral Offer
Example essay. Last modified: 11th Jun 2021
The appellant can argue that the advertisement is a unilateral offer and respondent published it having an intention of a binding agreement. In the advertisement, the respondent has included the exact time, date and conditions. People can clearly identify by looking at the advertisement that the respondent had a serious intention of having a binding agreement....
The Late Payment of Commercial Debts Regulations
Example essay. Last modified: 11th Jun 2021
However, introduction of Late Payment of Commercial Debts Act and The Late Payment of Commercial Debts Regulations is certainly making some progress. And the introduction of these standards the delay of payment will continue to decline, as well as business expenses of companies....
Concept of Duress in Contract Law
Example essay. Last modified: 18th Mar 2021
Duress has been described as ‘the pressure of a big stick or the bottom line’. It is invoked by a party who claims that he was forced into ......
Reform of Duress and Necessity
Example essay. Last modified: 18th Mar 2021
'Summarise the provisions and recommendations of the Law Reform Commission in reform of the pleas of duress and necessity' The Law Reform ......
A Tort is a Civil Wrong
Example essay. Last modified: 26th Feb 2021
A tort is a civil wrong other than a breach of contract. The civil wrong means that any wrong done by citizens or person who may be unintentional, which results to damages....
Vicarious and Employers Liabilities Need to Be Considered
Example essay. Last modified: 26th Feb 2021
Vicarious liability requires that tort is committed by a person who is classified as an employee and that it is committed in th......
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