Contract Essay Examples - Free Research Paper Topics on StudyDriver.com

Setting up a Partnership Problem Question – Commercial Law

Mr. Azwan and Mr. Zuhri are undecided whether to set up a company or a partnership. Before provide any suggestion, Mr. Azwan and Mr. Zuhri have to understand what is the difference between this two types of business. Partnership is a type of unincorporated association, which is an organisation without any legal personality distinct from its members.[1] This kind of business organisation is one of the favourable ways for many professionals, such as doctors, solicitors and accountants, to start their […]

Sharing Lottery Winnings

Notice for Staff Room Wall (Offer) NATIONAL LOTTERY SYNDICATE : [WORKPLACE NAME] Since the National Lottery was launched in November 1994, it has been popular for groups to pool money together for the purchase of tickets for online draws. Not only is it more exciting playing in a group, but the more lines the group buys, the more entries they have in each game, and the more chances they have of winning (NL Website, 2006). We have decided to organise […]

Should Good Faith have any Place in English Contracts?

Should Good Faith Have Any Place In English Contracts? This paper will discuss how good faith obligations might be understood into contracts, and also the issue of how express terms within a contract requiring good faith should be interpreted within a contract. I will be looking into a number of court cases; the European Council Directive and the Uniform Commercial Code to help me to do my best in answering should good faith have any place in English contracts? Currently […]

Robins & Robins Case Note

Robins & Robins Indemnity can be described as an obligation of making good any liability, damage or loss incurred by another party. In indemnity, one party to the contract holds the other party to the contract harmless for some damage or loss. In this case, the first defense Casings, Inc. will have is that there was a clause in the contract indemnifying it from defects beyond the cost of the supplied parts. Therefore, Casings, Inc. can argue that they are […]

REGISTRATION of a FIRM

REGISTRATION AND DISSOLUTION OF A FIRM In this Unit, we will understand the effect of registration of a firm upon the rights of partners’ inter-se and the rights of the third parties. We will also be looking at the various circumstances when a firm is dissolved and the consequences and the effect of the dissolution upon rights and liabilities of various parties. We will be covering the following key parameters: Mode of effecting registration Consequences of non registration Dissolution of […]

Prenuptial Marital Agreements

This essay highlights the aspect of prenuptial marital agreements. A pre-nuptial agreement is an contract made by a couple before they get married or enter into a civil partnership, which assorts how they desire their assets to be shared if they should divorce or have their civil partnership dissolved. Such agreements are divided into three categories. First are the Pre-nuptial agreements which are made before marriage. Second are the post-nuptial agreements which are similar to pre-nuptial agreements but would be […]

Problem Answers on Tort Law

Tort Law Can the owner, Mary successfully sue Tom for the damage to her car because of negligence? Identify and discuss the essential element of the tort law that she must prove. To sue Tom for the damage to her car, Mary need prove three important factor: Tom owed them a duty of care: She able to prove that Tom failed to exercise reasonable care while he was towing the car which parked on car park without permission. In which […]

Payments in Construction Law

INTRODUCTION In construction environment, payments was defined as the value of works, materials or goods comprised in a contract as in Royden (M) Sdn Bhd v Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd[1]. In a simple words, payment can be a consideration in terms of money for works that Contractor had carried out and material delivered to site accordance to the contract. Contractually it can be said that the money must be paid by Employer promptly of fully unless there […]

Option Contracts

Subject – Company law 1 Option Contracts -An analysis of position in India Background Put and call options are one of the preferred mechanisms for investors in India, both foreign and domestic, and in different type of transactions like joint venture, stock market, etc. In lay man’s term a put option enjoyed by A against B gives A an option to sell certain securities at a future date at some specified price. Whereas a call option enjoyed by A against […]

Negotiable Instruments under State and International Law

Negotiable Instruments 1 Part 1 Negotiable instruments are governed by both state and international law. Universally, the instruments are governed by the Universal Commercial Code (UCC) which defines negotiable instruments as unconditioned writing that promises payment of a fixed amount of money. Under the UCC checks are chiefly covered in article 3 and 4. The articles generally address check fraud litigation that emanate from check alterations, forging of the maker’s signature, payee’s check endorsement or either counterfeited checks created by […]

Laws and Media Report

1) Identify the area of laws that are relevant to the chosen media report, and explain how they are relevant to the matters outlined in the report. This media article commentates about the link-up between the radio station of Macquarie Radio Network and that of Fairfax Media’s Radio Business. The ACCC (Australian Competition and Consumer Commission) authorized the merger. The ACCC encourages competition and legal and equitable trade in the market to profit businesses, the community and consumers. They are […]

Contracts Made through Adverts

Lefkowitz v. Great Minneapolis Surplus Store, Inc. 86 N.W.2d 689 (Minn. 1957). Facts The case Lefkowitz versus the Great Minneapolis Surplus store addresses the common misconception of offers and contracts that can appear in advertising. Lefkowitz, the plaintiff, noticed an advertisement in a local store that offered the sale of fur coats that were valued at one hundred dollars. The discounted price, which was a dollar, was stated in the advertisement along with the statement of first come first serve. […]

Legal Issues in Construction

Introduction The industry of construction is very vast in UK, which sometimes contributes to 10 percent of the total GDP of the country. Many commercial issues have been grappled with it, all of them were in sharp focus by the critical climate of economy, since the mid of 2008. The essential nature of a contract can be encapsulated by different definitions. One definition which is very well understood in the context of business is considered it as an […]

Fraud and Misrepresentation

In the business world where deals are struck and broken daily it is important to understand what the requirements are from start to finish, however beyond the fundamental scope to the creation of the original terms contracts agreements there are other underlying principles that must be explored that makes a contract voidable or invalid. This paper will explore the those principles that go beyond the scope of the formation, now you can start getting into the meats and potatoes of […]

Damages Clauses

Contents: 1. Introduction P.2 2. The criteria necessary for a purported liquidated damages clause.. P.3 3. The main factors of claims P.4 4. The benefits to Employers and Contractors in a valid liquidated damages clause P.5 5. If the liquidated damages clause is not held to be valid and enforceable P.6 6. Conclusions and Recommendations P.10 Question 2: Discuss the criteria necessary for a purported liquidated damages clause to be held to be valid, the benefits that […]

Judicial Commentary

RECENT JUDGEMENTS ON THE ISSUE OF CORPORATE PERSONALITY PARTICULARLY IN THE GROUP CONTEXT SHOW STRONG AND CONTINUED SUPPORT FOR THE IDEA OF SEPARATE CORPORATE PERSONALITY. DISCUSS One of the consequences of incorporating a limited liability company is that it becomes a separate legal entity. This means that it is has a separate and distinct personality from the members of the company, and so becomes a person in a legal sense.[1] Thus the company bears its own liabilities and debts separate […]

Land Registration Act 2002

The Government’s proposals for electronic conveyancing provide for a secure and swift system of transferring title TABLE OF CONTENTS INTRODUCTION Background to the Land Registration Act 20022 Criticisms of Existing Legislation3 The Object of Reform4 IMPLEMENTATION The 2001 Report4 Paper Based Conveyancing Practice5 The Anticipated Model5 Compulsory Use of Electronic Conveyancing6 THE NEW SYSTEM The 2002 Act7 The Scheme of the Act – An Overview7 The New System in Practice9 Comparison with Paper Based Conveyancing10 LAND REGISTRY PRACTICE Detailed Implementation […]

Law of International Trade

The above problem question requires examination of several legal issues ranging from formation of contracts to questions of jurisdiction and international contract terms. The facts can be simplified as follows: Dear John Plc sells goods, in this case filters, to Vera Rose Pty Ltd. Having purchased the filters Vera Rose, a company which specialises in reselling mining equipment, enters into a contract to sell them to Venture Devils Inc. One of the first issues which strike the reader is the […]

Law of Partnership

The Law Commission in its Consultation Paper No. 159 on reform of the Law of Partnership recommended, inter alia, that a new form of partnership be created that would constitute a legal entity distinct from its members. Critically consider the advantages and disadvantages this form of business organisation would have over the present form of partnership regulated under the Partnership Act 1890. According legal personality to partnerships would produce an overall positive effect. It is not, however, entirely without disadvantages. […]

Law of Property

In this scenario, there are several parties who have, or who acquire, an interest of some sort in the property known as Greyoaks, a large freehold, registered property. Briefly, the principal parties include the registered proprietor of Greyoaks, Ophelia. As the registered freehold proprietor, it is Ophelia who has the ability to grant the various rights and interests which she subsequently does. From the outset, she is free to dispose of the property howsoever she wishes. She begins a relationship […]

Intention to Create Legal Relations

1.”The concept of ‘intention to create legal relations’ is used by the courts as a device to enable them to deny enforceability to those agreements which they consider should not be legally enforced” (Jill Poole, Contract Law). In order for a legally binding contract to come into existence, there are certain requirements which must be met. Briefly, these requirements include a clear offer and acceptance, consideration moving from the promisee, and an intention on the part of the contracting parties […]

Introduction to Law

Law of Constitutional Constitutions may be ‘written’ or ‘unwritten’, and unlike the majority of states, the British constitution is largely unwritten and uncondified. Allied to their written or unwritten character, constitutions may also be classified as rigid or flexible. A rigid constitution is one in which amendment is very difficult, requiring special procedures to be employed before any changes can be made. By contrast, the British constitution is essentially flexible. Parliament – the supreme law-making body within the United Kingdom […]

Indian Competition Law

5.4 Enterprises: The meaning of enterprises for the purpose of this Act has been defined under Section 2(h) of the Act as under: Enterprise‘ means a person or a department of the Government, who or which is, or has been, engaged in any activity, relating to the production, storage, supply, distribution, acquisition or control of articles or goods, or the provision of services, of any kind, or in investment, or in the business of acquiring, holding, underwriting or dealing with shares, […]

Innominate Contracts

What were the innominate contracts? Where did they come from and why were they important? The very term innominate (literally without name) is potentially confusing since these so-called contracts are named very specifically. The term refers to their place in the system of classification of contracts in Roman Law rather than their possessing the characteristic of being unnamed. A distinct characteristic of Roman Law is that it might be said to possess a law of contracts as opposed to a […]

Areas of Law

Media report analysis 1. Identify the areas of law that are relevant to the chosen media report, and explain how they are relevant to the matters outlined in the report. Criminal Law Kelden Edward Fraser has committed a crime by breaking out a prison van at Geraldton Airport as he was being transferred to a maximum security jail due to his bad behaviours. Furthermore, Fraser was capture again as he has allegedly committed criminal offence for armed robbery. Tort Law […]

Sex Discrimination in the European Court of Justice

The case law of the European Court of Justice on matters of sex discrimination considerably expanded the scope of Article 141. More recently, in applying the principle of equality, the court has shown uncharacteristic restraint. Prior to the treaty of Amsterdam, the then Article 119 of the EC Treaty provided: “Each Member State shall during the first stage ensure and subsequently maintain the application of the principle that men and women should receive equal pay for equal work. For the […]

Written and Unwritten Law

TASK 1 Explain the written and unwritten law. Written law is the most important source of law. It refers to the portion of Malaysia law, which includes the following: – Federal and State Constitutions; The Federal Constitution is the supreme law of the land. All of the thirteen states have their own constitutions known as the State Constitution. – Legislation enacted by Parliament and the State Legislative Assemblies; such as Acts of Parliament, Ordinances and Enactments. – Subsidiary Legislations; made […]

Exclusion Clauses in Contracts

The issue is whether the exclusion clause Coaches Ltd intends to rely on was incorporated into the contract, and if so whether it is effective in excluding Coaches Ltd’s liability. The first point is thus whether the exclusion clause was expressly incorporated into the contract. The clause was printed on the back of the invoice sent to Chelsea Ltd after the telephone booking. As the contract was oral and took place over the telephone, this means that the clause was […]

Directors’ Duties Problem Question

The establishment of Shine Ltd was with the sole intent to produce industrial solvents and cleaning solutions. Appointment of the office of managing director was given to John to cover that post. During this course, the company acquired an agreement with XYZ plc a conglomerate. While still under the directorship of John the company came up with a new super glue. In his capacity as a director, he presented this to the manager with the hope that it would be […]

Director’s Legal Duties and Obligations

Companies’ directors are persons who are vested with the responsibility of the management of the company’s affairs. A company is usually composed of two main organs which are the board of directors and the members in general meetings. Every company provides the director extensive powers to supervise manage and control the company. Likewise every director owes certain duties and responsibilities towards the company. Directors stand in a relationship of trust and confidence with the company that is fiduciary relationship. [1]A […]

Contract Essays