Contract Law Essays
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Strict Product Liability in the Auto Industry
Example essay. Last modified: August 7, 2019
With the sales of goods to the public comes responsibility on the part of the manufacturer and advertisers. Government has some responsibility to protect the public….
The Take or Pay Clause
Example essay. Last modified: August 20, 2019
Why do long-term take or pay contract relevant in project finance? Project finance proceeds on the fundamental principle that limits the lender ……
Contract Assignment
Example essay. Last modified: June 14, 2019
Pacta sunt servanda, (agreements are to be kept; treaties are to be observed) is a Roman maxim designed to encourage good practice in contracts…
Recovery of Economic Loss in Negligence
Example essay. Last modified: November 23, 2020
Answer the following questions, within the word limit set for each. What is the distinction between consequential economic loss and pure economic ……
The Murphy v Brentwood Case
Example essay. Last modified: August 14, 2019
In what circumstances, despite Murphy v Brentwood, may construction professionals, contractors and sub-contractors who were involved in ……
The Bargain Element of Consideration
Example essay. Last modified: August 27, 2019
All contracts require something to be given in return for something else. This is called 'consideration'. It is the bargaining element of ……
Requirements and Contents of a Legally Binding Agreement
Example essay. Last modified: August 20, 2019
Acceptance is seen to validate a contract, and as explained by Duhamie 'it gives it life' . Under the rules of acceptance, the offeree ……
Pleural Plaques is Not an Actionable Injury
Example essay. Last modified: August 7, 2019
Introduction Personal Injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an ……
What is in Fact Economic Loss
Example essay. Last modified: August 7, 2019
ABSTRACT Let us begin with the question: What is in fact 'economic loss' for which a party, individual or a company, is liable under law? The ……
Unforeseen Events May Occur Which Create Obstacles
Example essay. Last modified: June 14, 2019
General Commentary The nature of the law of contracts is that of, in any agreements made by the parties, unforeseen events may occur which creates ……
Offer and Acceptance Analysis
Example essay. Last modified: November 4, 2020
A ‘Construction contract’ is a legal agreement between two or more parties, based on the universal principles of contract law. …
Occupiers Liability Acts 1957 and 1984
Example essay. Last modified: August 7, 2019
Occupier’s liability is a field of tort law which deals with liability that may arise from accidents caused by the defective or dangerous ……
Negligence Is the Most Important Modern Law
Example essay. Last modified: August 15, 2019
Negligence essentially concerned with compensating people who have suffered damage as a result of carelessness of others, but the law does not ……
Introduction Overview of Study
Example essay. Last modified: August 8, 2019
Payment was identified as one of ten priority areas in the Malaysian construction industry during a construction industry roundtable in June ……
Should Advertisements Be Considered Offers?
Example essay. Last modified: August 8, 2019
A contract or an agreement is usually reached by the process of offer and acceptance and the law requires an offer on ascertainable terms which ……
When a Contract Has Been Broken Remedies
Example essay. Last modified: August 14, 2019
What is a Contract? The term contract is defined in section 2(h) of the Indian Contract Act, 1872, as follows: An agreement enforceable ……
Three Scenarios Under Review
Example essay. Last modified: August 14, 2019
PART A Introduction This paper advises Loadstar Freight Ltd (hereafter 'Loadstar') as to their contractual rights and obligations arising ……
Secret Profit Can be Defined as a Bribe
Example essay. Last modified: August 14, 2019
Once an agent received a secret profit, the law presumes that he has been affected by the payment to the detriment of his principal. It does not ……
Where Means of Communication Are Deemed Instantaneous
Example essay. Last modified: August 7, 2019
The Postal Rule. The postal rule is a historical ruling, which came about in a time where the main and quickest form of business communication ……
Public Advertisements Do Not Constitute an Offer
Example essay. Last modified: September 24, 2021
A contract is an agreement between two or more persons which is enforceable by law. Generally, public advertisements do not constitute an offer merely an invitation to treat….
Promissory Estoppel in Tax Laws
Example essay. Last modified: August 7, 2019
One of the impending problems that confront taxpayers in their relationship with the Tax Department revolves around the credibility ……
Methods of Dispute Resolution
Example essay. Last modified: August 7, 2019
From the beginning of civilization and organized society negotiations have occurred to solve disputes. If negotiation between the parties failed ……
Negligence Causation and Remoteness
Example essay. Last modified: August 7, 2019
'…… In Wilsher’s case [1988] A.C. 1074… the House of Lords applied strictly the 'but – for' test an rejected the Court of Appeal ……
Once a Precedent Is Made It Remains Binding Until Overruled
Example essay. Last modified: June 14, 2019
What do you think are the strengths and weaknesses of case law as a source of law? Discuss. A Binding precedent is where each court is bound by the……
The Development of Existing Duty Rule
Example essay. Last modified: June 14, 2019
1 Introduction Definition of consideration Consideration is defined as there must be an exchange between both parties in order to form a legal ……
To Create Liability for Misrepresentation
Example essay. Last modified: August 16, 2019
Part B: Misrepresentation. Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party ……
Most Advertisements Are Held Not to Be Offers
Example essay. Last modified: June 14, 2019
This question is about the formation of contracts. The first issue is the status of the advertisement placed in the local newspaper by Brandon. ……
Which Method of Procurement Is Most Beneficial?
Example essay. Last modified: June 14, 2019
This report will provide a clear indication of which method of procurement and tendering would be most beneficial to the successful conclusion ……
The Development of the Doctrine of Frustration
Example essay. Last modified: August 7, 2019
The principle of freedom to contract is a founding principle upon which the world of commercial contracts operates. This strictly means ……
Principle of Awarding Damages to a Party
Example essay. Last modified: October 11, 2019
Damages are a financial remedy which aims to compensate the injured party for the consequences of a breach in the contract they were in. In ……
Misrepresentation
Example essay. Last modified: August 16, 2019
Misrepresentation Essays. A misrepresentation is a false statement of fact, inducing another to enter into a contract. Misrepresentation can take various forms, such as fraudulent or negligent, the latter falling under innocent misrepresentation and each carries with it particular rights to damages in court and different burdens of proof….
Primary Remedy for Breach Should be Damages
Example essay. Last modified: August 20, 2019
Introduction: Economists claim that the theory of efficient breach allows us to predict when parties will choose to breach a contract if the legal ……
The Reliance Interest in Contract Damages
Example essay. Last modified: August 12, 2019
The damages doctrine came under particular focus by Fuller and Perdue, (for ease I will hereby refer to just Fuller) whom are believed to have stimulated the twentieth century discussions much further than that which had previously existed,…
The Voluntary Exchange of Good
Example essay. Last modified: August 14, 2019
The voluntary exchange of good, services or both is called as trade. Commercial law is that branch of law which deals with the rights and duties which arises from the supply of goods and services in the way of trade….
The Sale of Goods Act 1979
Example essay. Last modified: June 14, 2019
The law related to the international contracts of selling of goods is contained in the Sale of Goods Act 1979.The Act replaced 1893 Act ……
Rules of Offer and Acceptance
Example essay. Last modified: August 14, 2019
Rules of Offer and Acceptance are applied to enforce an agreement by the law. This agreement is the first requisite of any contract of the business….
Remedies Available for a Breach of Contract
Example essay. Last modified: August 7, 2019
What are the general principles in the formation of a contract? What are the various forms of remedies available for a breach of contract ……
The Postal Acceptance Rule
Example essay. Last modified: October 26, 2021
The postal acceptance rule, created in 1818, arguably is not in line with laws on modern communication such as fax, email and e-commerce systems and subsequently attracts much criticism….
Rights and Obligations of Parties under Contract
Example essay. Last modified: August 12, 2019
A contract is an agreement between parties which is binding in law. Furthermore the rights and obligations of the parties under a contract may ……
Succesfully Claim Damages for the Distress
Example essay. Last modified: August 7, 2019
In 20th July 2009, Lucy Smith contracted with Horizon Builders Ltd development of project at Moor View House. Following a telephone conversation ……
Time Being the Essence of a Contract
Example essay. Last modified: August 14, 2019
INTRODUCTION 1.1 Background Time being the essence of a contract is an often heard statement in the construction industry. However, in response ……
Malaysian Contract Law
Example essay. Last modified: August 31, 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….
Reasonable Expectations of Parties Concept
Example essay. Last modified: August 7, 2019
In systems of law where there is a general duty of good faith in the performance of contracts the need to supplement the written contract ……
Third Party Roles in Contracts
Example essay. Last modified: June 14, 2019
Construction contracts tend to be made between the client and Contractor and as with all construction contracts there are many parties involved with the process……
When Parties form Contracts in Daily Life
Example essay. Last modified: August 12, 2019
Introduction: In daily life when parties forms a contract the included terms requires incorporation for the purpose to give them effect ……
Recommendations of the Law Commission of India
Example essay. Last modified: August 14, 2019
Chapter 1: Introduction The basic rules and principles which govern contracts are enacted in the Indian Contract of 1872. The Contract ……
Variations to a Contract for a Building Work
Example essay. Last modified: August 12, 2019
Valuation of variation will depend largely upon the timing of the variation order, the location of the work, the quantity of the work involved and……
Recovery of Money Under Employee Provident Fund
Example essay. Last modified: August 12, 2019
Determination of moneys due from employers (1) The Central Provident Fund Commissioner, any Additional Central Provident Fund Commissioner ……
Standard Form of Contract For the Execution of Work
Example essay. Last modified: August 12, 2019
A leading manufacturer of confectionery in the UK suffered a devastating fire at their factory in Sheffield. Their insurers have authorised ……
The Test of Reasonableness
Example essay. Last modified: August 7, 2019
In UCTA the person relying on an exclusion clause has to prove that it is reasonable.Whilst the reasonableness test gives the courts ……
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