2A) Fact and issues Entertainment Sdn Bhd rented the Very Lucky plaza hall for the pageant for RM500,000 and they also paid the deposit of RM100,000.The hall was old and dilapidated so Wan asked to touch up the places and it cost Very Lucky RM 50,000.However, a faulty wiring caused fire and burn down The Very Luck Hall. Entertainment is asking to refund the deposit but The Very Lucky Hall refused it and if fact they are asking to pay […]
Legal Issue: Is Jehni able to legally force Jek to sell the charger at $25. Relevant Rules of Law: 1. Contract is an agreement giving rise to obligations which are enforced or recognised at law. What the parties agree on must be clear and unambiguous. In order for a contract to be legally binding, four key elements must be present which are namely, offer, acceptance, consideration and intention to create legal relations. 2. Offer is an expression made by one […]
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Get help with your assigmentDiscuss, with reference to court judgements, the extent to which “communication” in the law of contract is a vital component of both an offer and an acceptance. It is well established in contract law, that an offer and acceptance are prerequisites in the formation of a valid contract. There must also be intention to create legal relations and consideration given. For the purposes of this essay however the focus is on the offer and acceptance components of a contract. Case […]
Question (a): Introduction Contract is an agreement that leads to legally binding and legally enforceable between both parties, as stated by (Latimer, pg275). It is crucial to understand the meaning of “contracts”, without an agreement which legally binds and enforced, there would be no business. In Malaysia, there is contract law in a statute, the Contracts Act, 1950. There are several elements of forming contract, which are offer, acceptance, the intentions to create legal relations, consideration, capacity and certainty. Capacity […]
Contract law problem question – Posh Posters (2500 words) This scenario relates to two companies, Pretty Paintings Limited (“Paintings”), and Posh Posters Limited (“Posters”), who are engaged in the poster trade. They have entered into commercial relations with one another in respect of some stock, namely 1000 posters, which Paintings has offered to sell to Posters. This offer has been made by way of a letter to Posters. We will look at what, if any, contractual obligations and rights have […]
Question 1 Issue The issue is whether the contract entered into by Harry, a clerk in the factory office is enforceable against the company. Rules A company can enter into a contract by the virtue of s124. There are several ways a company can contract with the outsiders. One common way is to affix the company’s common seal as illustrated in Northside Developments Pty Ltd v Registrar-General. However according to s123(1), it is optional for the company to have a […]
What is Contract Law? The law of contract is a set of rules governing the relationship, content and validity of an agreement between two or more persons (individuals, companies or other institution) regarding the sale of goods, provision of services or exchange of interests or ownership. While this is a wide definition it does not cover the full ambit of situations in which contract law will apply. The reason for this is due to the vast number of examples in […]
The Enforcement of Covenants Affecting Freehold Land This question concerns the enforcement of covenants affecting freehold land. In order to logically address the issues raised in this question, we will begin with a brief outline of the law relating to such covenants and then we will deal with each party/case individually. In this context, a covenant is simply an agreement contained in a deed normally made between one party selling a portion of their land and the other party purchasing […]
Essential features of a valid contract Contracts come in all shapes and sizes. Some are verbal, some are written. Some are formal, some informal. The use of the internet and electronic technology is also becoming increasingly common in the context of forming contractual relationships. It is, therefore, important to understand the essential features which make a contract valid, binding, and enforceable. What is a contract? A contract is an agreement between two or more parties that is intended to be […]
The White Man’s Burden &Royal Niger Company Contract Lead to New Imperialism The Old versus New Imperialism had changed significantly in a series of various ways; both the White Man’s Burden and Niger Company Contract demonstrated the transition from the Old Imperialism we discussed in our first discussion board. Old Imperialism: Along the time frame of the sixteenth to eighteenth centuries, European powers typically did not obtain territory within the African or Asian lands, rather they established trading posts. Both […]
At present time, the only comprehensive multilateral convention on state immunity is the European Convention on State Immunity. The Convention was adopted by Council of Europe in 1972 with the aim to codify the rules of state immunity whereas many countries still followed to absolute doctrine of state immunity. Articles 1-15 contain main principles of restriction of state immunity with requirement of strict territorial nexus. Article 4 provide commercial activity exception which states that “A Contracting State cannot claim immunity […]
ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Executive Summary: The reason of this study is to take in the essential genuine guidelines for which we can use in the sensible parts of business. The study is based on non-lawyers thusly we should give an adequate picture of the plans, for instance, the assent ion, thoughtlessness torts, break of conditions et cetera this is similarly valuable to grasp the taking in the true blue term used inside the business contracts. This […]
Invitation to Treat Invitation to treat is a contract law term. However, it is not an offer. It is merely an invitation to others to make offers. It is a sort of preliminary negotiation to buy something and it follows that an invitation to treat cannot be accepted and there is no commitment to sell or offer which could be accepted. The court will always look at the language used or the inferred intention of the parties when deciding between […]
CONTRACT A contract is a legal binding between two companies, businesses or parties that unites them in an agreement which is protected by law. A contract between the parties can be created verbally, in writing, by conduct or by all these means. And this contract becomes a valid contract if it has all the essential elements described as follows: It is important to mention that contract is enforceable only if all these elements are present in the contract. ESSENTIALS ELEMENTS […]
It has often been said s 33 (1) Companies Act 2006 creates a statutory contract, albeit one with very distinctive features. Explain the nature of this statutory contract and who may enforce the provisions of the Articles of Association as a result. The introduction of the Companies Act 2006 amended the law regulating corporations which had been heavily criticized over the last century. In United Kingdom, a company is created by registering it with a government agency called Companies House, […]
THE DOCTRINE OF UNCONSCIONABILITY: IS IT APPROPRIATE FOR IT TO BECOME THE UNDERLYING PRINCIPLE FOR A CLAIM OF VOIDABLE CONTRACTS ON THE GROUNDS OF UNDUE INFLUENCE? Table of Contents 1.0 Introduction A voidable contract is one that gives the aggrieved party the right to choose whether or not to proceed or terminate its performance. Thus, voidable contracts shall have the meaning allocated to it as per section 2(i) of the Act. To analyze the similarities and differences between the […]
Walton Construction (Qld) Pty Ltd v Venture Management Resources International Pty Ltd Walton Construction Pty Ltd (Walton) entered into a building contract with Venture Management Resources International Pty Ltd (VMR) for completion of works. Walton provided VMR with an unconditional bank guarantee as security to cover its financial commitment under the contract. Walton submitted a progress payment claim toVMR and in response, the Superintendent from VMR issued a progress certificate certifying that payment was to be madeto Walton as per […]
Offer and Acceptance With reference to the legal rules relating to offer and acceptance of a contract, advise the club whether it can claim the joining fee from Mary, Frank and Ali. Mary posted her application. She telephoned the club to confirm whether or not her application was accepted but was unable to get through to speak to anyone. In the meantime the committee took two months to confirm whether or not they would accept her application based on a […]
A stranger to a contract can’t sue…!!!! Submitted by:- Ankit Bhardwaj 091004 M. B. A. III sem. The basic answer to this question is ‘NO’, as the following literature supports and explains this fact effectively. A contract is an agreement between two or more parties that creates an obligation to do or not to do something. The parties to the contract are under an obligation to perform the terms and conditions as laid down in the contract. Thus a contract […]
BA (Hons) Communication, Advertising and PR Communication Management Cancer Research UK Peer Assessment Contract Introduction The ‘Peer Assessment Contract’ (PAC) is a document stating the guidelines and regulations that the Account Executive (AE) group has agreed to follow. The PAC will also contain information on the group’s overall strategy for the successful completion of the project. The purpose of this contract is to provide evidence of the agreed acceptable standards of work and level of professionalism that the AEs should […]
Under the Roman law of obligations, there were four forms of contract: consensual contracts, verbal contracts, contracts re and contracts litteris. Furthermore, there were three forms of verbal contract: dotis diction (concerning arrangements for dowry prior to marriage), iusiurandum liberti (the oath of service made by a freedman immediately after his manumission), and stipulatio. This third form of verbal contract is regarded as the most important of the three due to the breadth of situations in which it was used. […]
ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Task 1: Explain the important elements in the contract? Essentially, law can be illuminated as a gathering of principles which are predominantly made by a specific state or government, as a power, is in charge of authorizing the law arranged inside its impact through utilizing different sort of assents. However discussing law we ought to have an impeccable thought regarding three fundamental ideas firstly control, interest & the last one is significance. […]
Good Faith & Contract Law “the governing principle … applicable to all contracts and dealings “. 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. The traditional law of contract, as it became established in England in the second half of the nineteenth century, did not impose or recognise a general duty of good […]
Law of contracts Table of Contents Facts of the case Issues of the case:- Relevant Laws:- Application of law:- Suggestions:- References Facts of the case Alice is the owner of the block of land in the region of the central coast and recently got her architect’s plan for developing that site for the child care facility approved by the local council. Alice sends a letter to four builders i.e Bazza, Cassy, Davo and Edna to tender for the job for […]
THE CONCEPT OF CONTRACT IN THE CODE NAPOLEON Introduction and historical background leading to the formation of the Code Napoleon One of the biggest dilemmas that jurist over the course of history have faced is over the question of codification of law. One school of thought believes that the best and most just application of law can be achieved only when the principles that will finally be used for dispute resolution are enunciated beforehand. These principles can then be applied […]
>Introduction A contract refers to an agreement between two or more parties which is legally binding in the eyes of the law. Based on Contract Act 1950, section 2 (h), an agreement that is enforceable by law is a contract. Any other agreements that is not enforceable by law is said to be void, section 2 (g). Therefore, section 2 (j) a contract which is ceases to be enforceable by the law becomes void when it ceases to be enforceable. […]
>Introduction We bump into contracts almost every day. Contracts are usually being made orally e.g. boarding a train, purchasing coffee at a shop, purchase cloth at an online store. However occasionally written contracts are sometimes required, such as when buying a car or an apartment. A contract were created because that there is an agreement between two parties which is enforceable by law. Offer and acceptance analysis is a common methodology in contract law used to determine whether an agreement […]
Introduction All contracts are agreements but not all agreements are contracts. A contract is a binding agreement between two or more individuals that is enforceable by law. The Law of Contract in Malaysia is governed by the Contracts Act 1950. Section 2(h)[1] states that an agreement enforceable by law is a contract. Offer and acceptance analysis are the traditional approaches used in contract law to determine whether an agreement exist between two parties. The others are consideration and intention to […]
The Financial Ombudsman Service The Financial Ombudsman Service (“FOS”) is stated to be ‘The official independent expert in settling complaints between consumers and businesses providing financial services.’ It is a public body that was established by Parliament and is authorised to deal with a very broad range of complaints in areas ranging from banking and insurance, to loans, credit and hire purchase and savings and investments. The standard it applies when determining complaints, is what in the opinion of the […]
At the start of any formal work relationship it is important to agree a contract, an agreement about how you are going to work, the terms and conditions of the relationship. Coaching is no exception and in a similar way to other work arrangements there is usually a need to agree a formal contract and also an informal contact. The formal contract can either be a two-way agreement, between the coach and the individual, or more usually, three way, between […]
