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Introduction A contract is a legal agreement granting rights and obligations. The question is whether or not a valid contract has been formed between any of the parties and what rights and liabilities they subsequently incur. The formation of a contract occurs when the four elements: offer, acceptance, consideration and intention are fulfilled (Poole, 2010). Zac (Owner of Wefindanydog Ltd) v Amelia On Monday Zac makes a valid orally communicated (Taylor v Laird) bilateral offer to ‘find...
This question requires me to analyse the scenario from the perspective of contract law paying particular regard to the rules relating to: invitation to treat, offers, option contracts and acceptance. The scenario involves three distinct cases which should be dealt with in turn in applying the following rules of contract law.(Define offer) An offer is a definite statement of willingness to bound specific terms without further discussion. A legally binding contract will result, when an offer may,...
Ethics According to the Encarta Electronic dictionary, ethics can be defined as the study of moral standards and how they affect conduct or a system of moral principles governing the appropriate conduct for a person or group.An ethical system is basically is a source of one's personally beliefs of what is considered to be right or wrong. These beliefs can come from parental teachings, religious values, environmental circumstances or personal experiences. To further understand ethics we can see...
A classic view of contract law is to establish rules and principles for contractual parties to understand how far their contractual obligations go and where their liability ends. Undoubtedly, fundamental principles of offer and acceptance, consideration, remedy, interpretation of contract and doctrines like promissory estoppel, privity, duress, frustration are all of great importance. However, I view that modern contract law is not restricted to develop new doctrines but have evolved in a macro...
There is six basic elements constituting a contract which included 1)offer 2)acceptance of the offer 3)intention to create legal relations 4)consideration 5)certainty 6)capacity.In the issue above we are only looking into two elements which is offer and acceptance of the offer.In order for a valid agreement to arise there must be a proposal(offer) and an acceptance of that offer.The offer or proposal is one of the essential elements for a valid contract.According to Section 2(a) of the...
Absolute theory is following by the English and Australian court in the 1970s. The absolute theory applied in the case of The Porto Alexander [1920] P 30 and Republic of China [1950] QWN 5 which stated that foreign state is not allow to be sue directly or indirectly, it was need not to see the nature of the act or transaction which was the subject matter of the suit.Restrictive theory is formed because of the growth of state intervention in commercial matters. This theory also implies that a...
Body Of Answer With the intention of advice Alan, there are five fundamental necessities need to be satisfied with the intention of form a binding contract. The five necessities are: - i) whether there was agreement between the parties (offeree and the offeror). ii) Intention to create legal relations. iii) Certainty as to the terms of the agreement which meant that the acceptance make by the offeree must match exactly the terms stated by the offeror in his offer. iv) Capacity to the contract....
Introduction Sometime back the software industry in the developing countries like India, China, Brazil etc, created very little new and valuable intellectual property, with the development of the intellectual property not being essential to the development and growth of this industry. However, in the last decade the growth in IT industry in these countries has overshadowed the growth in even the developed countries like US, UK and Japan. The software houses are investing billions of dollars in...
Apart from the lay off and short time provisions, an employee is to be treated as dismissed if -The contract under which he or she is employed is terminated by employer with or without notice. A limited term contract terminates by virtue of the limiting event without being renewed under the same contract. The employee terminates the contract with or without notice in circumstances such that he or she is entitled to terminate it without by reason of the employers conduct.The first point...
It was just the computer for him It had large memory space and was reliable. John was hesitant and returned with his friend to advise him whether to buy the computer or not. His friend, Hector, who had a degree in Computing, told him it seemed relatively cheap and it looked fine. John then purchased the computer since he did not have much time.John began his novel and realized that it was slow in saving the material. He telephoned Geena to complain. Geena advised him to bring it in so that...