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 […]
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 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 […]
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Get help with your assigmentQuestion (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 […]
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 […]
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. […]
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 […]
Valuable Consideration in Law of Contract Consideration: Consideration may be the benefit that every party will get or expects to obtain from your contractual deal — by way of example, Levis wall socket gets your cash; you receive the jeans. In order for consideration to deliver a legitimate basis to get a contract and understand that every legitimate contract should have consideration every single party must create a change inside their “position. ” Consideration is usually either a result of: […]
>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 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 whether an agreement has been reached under a historical contract theory, an acceptance which matches the offer that has been made is essential. In accordance […]
THE MEANS OF ACCEPTANCE Acceptance is the second stage of discovering whether an agreement has been reached under classical contract theory is to look for an acceptance which matches the offer that has been made. No particular formula is required for a valid acceptance. As has been explained above, an offer must be in a form whereby a simple assent to it is sufcient to lead to a contract being formed. It is in many cases, therefore, enough for an […]
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 […]
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 create to legal relations and enter into a contract, although that presumption can be rebutted by the courts. It all depends on the circumstance of […]
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 […]
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 BB afterwards. HC signed a contract with Edward Building Specialists (EBS), and sent a letter to BB to withdraw their acceptance. BB threatened to take […]
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 the other hand is similar to agreement with the sole intention to make the agreement legally binding. A contract is an agreement that the courts […]
Introduction There are numerous people around the globe who are unaware of the regulations and laws of the countries they are living in. Practically, the labor law is the foundation of laws, precedents and administrative regulations which addresses the lawful privileges of, and binds individuals who are working in companies. This research will highlight different conceptions which pertains to employment law in certain aspects and in general in UAE like, the ILO, MOL, the employment agreement, Probation Periods, wages, Disciplinary […]
CL510 Assignment 2. Semester 2 May 2010 Student name: Victoria Lenchik Student ID: 700160 Question A 1) When there is a breach of contract the breaching party is liable for the damages. “The buyer’s rights include the right to reject the goods in some circumstances, the right to recover the price if already paid for total failure of consideration, damages for breach of warranty, damages for non-delivery, and an action to recover the goods and obtain consequential damages. (Understanding Commercial […]
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 enforce guarantee agains parents, as their liability is limited in view of the above facts and normally family gives the guarantee. Therefore though consented in […]
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 […]
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 […]
>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 […]
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 […]
ASSIGNMENT “Discuss whether the doctrine of unconscionability is appropriate to form the underlying basis for a claim of voidable contract on the ground of undue influence” TABLE OF CONTENT Introduction Common Law Countries’ Position England Australia Canada Malaysia’s position Conclusion Bibliography Introduction According to the Contract Act[1], in section 16(3) when a person entered into a contract with a person who has the position to dominate the will of another, and the transaction appears to be unconscionable, the burden 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 transfers or somehow agree to transfer property in the goods to buyer for money consideration, which called as the price. Mainly considering that point the […]
If the 2018 NHL offseason and all the drama that came with it taught us anything, it’s that Leafs fans and management alike could be looking at a very rough offseason come this summer. Last offseason, along with the major signing of hometown boy John Tavares, the main problem came with coming to terms on re-signing William Nylander, who ended up signing a 6-year, 41.77 million dollar deal. As stressful as that saga was (thank goodness it’s resolved!), this coming […]
CERTAINTY OF CONTRACT There are two aspects to the issue of uncertainty. (1) The language used may be too vogue in which case, the court is likely to hold that there is no concluded agreement , the contract is void for uncertainty. (2) Failure to reach agreement on a vital or fundamental term of an agreement. SECTION 30 1. Agreements, the meaning of which is not uncertain, or capable of being made certain, are void. * If A agrees to […]
