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 […]
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 […]
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Get help with your assigmentIntroduction An arrangement of a contract needs an agreement; it follows that, in sort for such agreement to be reached. There have to have an offer offered by one party which is accepted by the other. An acceptance is that, a concluding and incompetent expression of consent to the terms of an offer. To determine […]
OUTLINE OF THE LAW OF CONTRACT A contract is simply an agreement between two parties which is enforceable at law. In order for an agreement to be legally valid there must be an offer, acceptance (unqualified) and consideration. INTENTION TO CREATE LEGAL RELATIONS In commercial agreements it is normally presumed that the partied intended to […]
This problem scenario is clearly referred to sale of goods act 1979 and unfair contract terms act 1977. The given three questions have been analyzed accordingly in separate three paragraphs. In the sale of goods act section 2 (1) it defines that what contract of sale of goods is as a contract whereby the seller […]
Negligent Misstatement Elimination of the other two objects: First is about cleaner. The normal rules of negligence applied to the case of property owners and persons injured on the property. Because of this, the cleaner isn’t the owner of the highly polished floor, which means cleaner doesn’t have the duty of care to Dylan. On […]
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 […]
CONTRACTS Scope of Advice The following documentation will aim to provide legal advice to all parties and their contractual agreements formed prior. John – Race horse trainer Ann – Horse transport business owner The issues of determination of terms, material breaches and liabilities, will be discussed within this scope of advice. John Terms Agreed Clauses […]
1. Brief introduction to the scenario 1.1 Significant facts found between Barnard Building (BB) and Happy Construction (HC) HC negotiated with BB and was successful in winning the contract. BB sent the offer letter to HC with detailed term and conditions via post. HC sent a counter offer via post. No communication is made from […]
Aspects and negligence of Contracts Task 1 Ali’s offer is a unilateral offer meaning that it is an offer to the world at large and that any person wishing to buy the rug can present himself to be the owner of the rug, at the same time the client should satisfy all the terms of […]
Answer 1 Liability of Mr and Mrs Lee in this case At the time when loan ws taken by their son and Lim, when guarantee was entered parents Mr Lee and Mrs Lee were old, did not understand English well and had received no independent advice. Banks under the provisions of ACL cannot seek to […]
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 […]
Assessment CLR&I CASE NOTE Valilas v Januzaj [2014] EWCA Civ 436 Lady Justice Arden Lord Justice Underhill & Lord Justice Floyd In the Court of Appeal (Civil Division) On the Appeal from Worcester County Court His Honour Judge Hooper QC IUC69309 Between: IOANNIS VALILAS & VALDET JANUZAJ SRN=140326561 Introduction Ioannis Valilas v Valdet Januzaj[1] dealt […]
QUESTION What distinguishes a commercial contract from other agreements, be they family arrangements or gentlemen’s agreements? Illustrate your answer with cases. Answer: Agreements: Agreements are not legally enforceable. This consists of an offer and acceptance to that offer without intention to make the agreement legally binding. Agreement = Offer + Acceptance Contract: A contract on […]
Cedric entered into a contract with the Distinguished Hotel for the wedding reception of his daughter Ali and groom Benno s big day. In the contract Cedric made with the hotel he was assured that all 300 of his guests would be seated in the chosen function room with a view of the top table, […]
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 […]
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 […]
Discuss, 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 […]
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 […]
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 […]
Corporate Laws II Introduction There are several factors makes a company stand apart from any other part of business. A company has separate legal entity, has perpetual succession, limited liability et cetera. All these and many more factors make a company different from any other form of business. The topic of this project which relates […]
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 […]
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 […]
Employment law Contents Introduction Internal labor organization The Ministry of Labor To who does the law applied? The employment contract The features of a limited or a fixed term contract: The contents of an unlimited term contract: Information that are significant in an employment contract Probation Periods Wages Disciplinary Code Termination of contract End of […]
‘The term ‘warranty’ has been described as ‘one of most ill used expressions in the legal dictionary’. There are several types of warranties in marine insurance ranging from express warranties to implied warranties that are divided to seaworthiness, legality of voyage non-deviation, neutrality, nationality, safety, legality. In this essay special importance will be given to […]
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 […]
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 […]
What were the innominate contracts? Where did they come from and why were they important? The very term innominate (literally âwithout 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 […]
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 […]
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 […]
