...Q1 THE ELEMENTS OF A VALID CONTRACT A contract may be defined as an agreement which legally binds the parties. The contracting parties need to meet a number of requirements that are prescribed by the law of contract. These requirements must be met before the agreement creates rights and duties that may be enforceable at law. These requirements are referred to as the elements of a valid contract and consist of the following: Offer A contract is formed when an offer by one party is accepted by the other party. For example, Y offers to make and sell homemade cakes to X for sell in the local shop, and just before any agreement is reached on price, size or quantities X decides not to continue. At this stage, there is no legally binding contract between Y and X because there is no definite offer for X to accept until the essential terms of the bargain have been decided. An offer is not made for just a specific person. It may be made to a one or more, or to the whole country. Acceptance Acceptance occurs when the party answering the offer agrees to the offer, It can be verbal or in writing. Acceptance must be unequivocal and communicated to the offeror it’s not effective until this has been done. There are two requirements to satisfy for valid acceptance to occur: * The offeree must agree to accept the terms of the offer * This information must be communicated to the offeror. Consideration According to pollock "Consideration is the price for which...
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...DISPOSITION: The judgment is reversed as to Mattco's award of damages, except the portion that awarded Mattco out-ofpocket-expenses and interest thereon, which is affirmed. CASE SUMMARY: PROCEDURAL POSTURE: Appellant accounting firm sought review of the judgment from the Superior Court of Los Angeles County (California), which found in favor of respondent client in jury verdicts on respondent's malpractice action following the trial court's ruling that to establish liability and damages respondent needed to show only that appellant caused respondent to suffer harm and that respondent's underlying action had value. OVERVIEW: Respondent client filed a malpractice suit against appellant accounting firm, alleging that appellant had negligently provided accounting litigation support in respondent's federal action against another manufacturer. In the federal action, appellant told respondent to prepare job estimates to replace missing ones that were not identified as such when produced under discovery which resulted in sanctions and the subsequent dismissal of the action. The court affirmed the jury...
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...4 Negligence: duty of care Learning objectives At the end of this chapter you should be able to: • have an overview of the history of negligence; • describe the function of duty of care in negligence; • appreciate the way duty of care has been defined and developed; and • apply the principles of duty of care in the areas of omissions and liability of public bodies. 04-Bermin-Chap04.indd 42 2/6/2008 7:39:32 PM 4.1 Introduction Negligence began to be recognised as a tort in its own right around the beginning of the nineteenth century. Before that time, the dominating action for personal injury was the writ of trespass. Trespass was initially concerned only with direct acts, however, during the nineteenth century the focus shifted to the distinction between intentional wrongs (trespass) and the unintentional (negligence). As we have seen, negligence was originally described in terms of a duty imposed by law and thus it will be seen that duty is one of the three key elements of negligence today. Negligence evolved as a means of loss-shifting at a time when there was little or no insurance or state welfare provision. The industrial revolution in the nineteenth century brought with it increased risks of injury to those working in factories, mines, quarries, and other dangerous situations. The development of railway transportation and mass production dramatically increased the potential for many people to be affected by the faulty conduct of strangers, at the same time...
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...ROUGH CREEK OPERATING LP PARTICIPANT RELEASE AND INDEMNIFICATION AGREEMENT I,____________________________________, hereby AGREE TO RELEASE AND HOLD HARMLESS Rough Creek Lodge, Inc (“Rough Creek Lodge”) and its officers, directors, or employees, of behalf of myself, my heirs, assigned personal representatives and estate as follows: MY SIGNATURE BELOW INDICATES THAT I HAVE READ THIS ENTIRE DOCUMENT, UNDERSTAND IT COMPETELY, UNDERSTAND THAT IT AFFECTS MY LEGAL RIGHTS, AND AGREE TO BE BOUND BY ALL OF ITS TERMS. Signature of Participant:_________________________________ Print Name: _____________________________ If under 18 Signature of Parent/Guardian:_____________________________ Print Name: _____________________________ Age Of Participant (if under 18): ____________________________ Date of Birth (if under 18) _______________ Address: _____________________________________________________________________________________ Phone Number: _(____)____________________ Today’s Date: ________________________ ________ (initial) I DECLINE THE USE OF A HELMET FOR BIKING. ________ (initial) I UNDERSTAND I WILL BE CHARGED A FEE OF $40.00 IF I DO NOT RETURN THE BIKE HELMET. ________ (initial) I UNDERSTAND I WILL BE CHARGED A FEE OF $125.00 IF I DO NOT RETURN THE MOTORCYCLE HELMET ________ (initial) I UNDERSTAND I WILL BE CHARGED A FEE OF $125 IF I DO NOT RETURN ALL FISHING EQUIPMENT ________ (initial) I UNDERSTAND I WILL BE CHARGED THE COST OF REPART TO BICYCLES, 4 -WHEELERS...
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...Aspects of Contract and Negligence for Business TASK 1: BE ABLE TO UNDERSTAND THE ESSENTIAL ELEMENTS OF A VALID CONTRACT IN CAM’S COLLEGE 1. Explain the importance of the essential elements required for the formation of a valid contract. A contract is much more than an agreement between two people. There must be an offer and acceptance, intention to create a legally binding agreement, a price paid (not necessarily money), a legal capacity to enter a contract of your own free will, and proper understanding and consent of what is involved. (Begg, 2009) 1. Offer and acceptance= Agreement A contract is formed when an offer by one party is accepted by the other party. An offer must be distinguished from the mere willingness to deal or negotiate. For example, X offers to make and sell to Y calendars featuring Romanian paintings. Before any agreement is reached on size, quality, style or price, Y decides not to continue. At this stage, there is no legally binding contract between X and Y because there is no definite offer for Y to accept the essential terms of the bargain has been decided. An offer needs not be made to a specific person. It may be made to a person, a class of people, or to the whole world. Acceptance occurs when the party answering the offer agrees to the offer by way of a statement or an act. Acceptance must be unequivocal and communicated to the offer or: the law will not deem a person to have accepted an offer merely because they have not expressly rejected...
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...Fact Pattern 1 I was hired to represent Anthony, Paul and Silvio in both federal and state courts. The clients came to my law firm with numerous issues. All three clients were to be represented individually and as a whole for one particular federal case. Various legal principles were addressed for each case. On a broad spectrum, all of the cases dealt with a different issue and therefore called for a different legal reasoning. Three New Jersey Residents, Anthony, Paul & Silvio, were stopped at a traffic light and a truck that was driving over the speed limit “rear-ended” the SUV in which the New Jersey residents were traveling. The truck contained fireworks for a local fireworks company, two of the residents were injured and hospitalized, and the car was totaled. The case was brought to the federal court because the damages experienced by parties were done in another state, New York. A truck owned by “New York Domestic Corporation” did the damages. The domestic company was preparing for a national holiday. This case was brought to the federal court because it involved New Jersey residents trying a New York State company. The plaintiffs wanted to hold the company and NYC liable for the damages experienced. Under “strict liability”, the defendant is guilty because of the negligence on the truck driver’s part. It is stated under strict liability that damages caused by “ultra hazardous” activity can result in harm even when the person “used the utmost care”. Here...
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...* Describe the natural law and positivist law schools. (100 word guideline). | Selected Answer: | Legal positivism and the natural law theory are rival views about what law is and its relation to justice and morality. Natural law is the set of truths of morality and justice and rejects ethical subjectivism and affirms ethical objectivism. Positive laws are commanded by political superiors. The consentrate of legal positivism is the "separation thesis" which can be defined as someone having the legal right to do something but not having the moral right to do it. They are general commands by people who themselves are not bound by them and who can also force obedience from everyone else. | Correct Answer: | [None] | Response Feedback: | [None Given] | | * Question 2 10 out of 10 points | | | Identify and explain the various sources of American law. (150 word guideline). | | | | | Selected Answer: | American law has a ranking system specifically associated with it. For Americans to know which body of law must prevail if there is a direct or even indirect conflict, this system is necessary. There are several primary sources of American law. The U.S. Constitution and decisions by the U.S. Supreme Court interpreting the U.S. Constitution, federal statues and treaties and as well as federal administrative law. The federal case law is to interpret anything outside of the U.S. Constitution. The federal law is also superior to all sources of state law. This...
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...Chapter 1 Introduction to Law and Legal Reasoning TRUE/FALSE QUESTIONS A1. The stability and predictability of the law is essential to business activities. B1. An important function of the law is to provide jurisprudence. A2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. B2. How judges apply the law to specific disputes may depend in part on their personal philosophical views. A3. The basis for the U.S. legal system is natural law. B3. A judge’s view of the law is of little importance in a common law legal system. A4. Constitutional law includes only the U.S. Constitution. B4. Congress can only pass legislation that falls within the limits set up by the U.S. Constitution. A5. A state constitution is supreme within the state’s borders. B5. The U.S. Constitution is the supreme law of the United States. A6. Whether a law is constitutional depends on its source. B6. Each state has its own constitution. A7. Uniform laws apply in all states, including those in which the laws have not been adopted. B7. The Federal Trade Commission developed the Uniform Commercial Code. A8. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. B8. State agency regulations take precedence over conflicting federal...
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...| 2013 | | | Assignment Cover Sheet Qualification | Unit Number and Title | Pearson BTEC Level 5 HND Diploma Business (Accounting) | Unit 5: Aspects of Contract and Negligence for BusinessUnit Code: Y/601/0563Credit Value: 15 Credits | Student Name | Assessor Name | Mukaram Khan Swati | Salman Haider | Date Issued | Completion Date | Submitted On | Validity | 7th October,2013 | 4th November,2013 | | 1st Oct, 2013-31st Jan,2013 | Assignment Title | Contract and Negligence | Assignment Number | 05AOCANFB- Y/601/0563-13 PKISL7002 | Hand In Policy You must complete this assignment on time. If u experience difficulties, you must inform your tutor accordingly. Late Work Policy Consideration will be given to students who have valid reasons for late submission (eg, Illness) Plagiarism In case of plagiarism, college regulations will be applied. You must declare that this assessment is your own work by signing the following statement: Learner Declaration | I certify that the work submitted for this assignment is my own and research sources are fully acknowledged.Student Signature: Date: | Table of Contents Acknowledgement 6 Research Method 7 Aims and Objectives 8 Literature Review 9 Abbreviation List 10 Introduction 11 Task 1 12 Essential Elements of a Contract 12 1. Offer and Acceptance 12 2. Lawful Consideration 12 3. Intention to Create Legal Relationship...
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...The Law Handbook Your Practical Guide to the Law in New South Wales 11th edition Contracts 12 Author Carolyn Penfold, UNSW, Sydney The information contained in this document is as up-to-date and as accurate as possible at time of publication in August 2009. 340 The Law Handbook A consumer is a person who acquires goods or services for personal or household use. We are all consumers. Most consumer dealings, whatever their size, cost or importance, are based on a contract. The basic principles of contract law are discussed in this chapter. These apply to purely commercial transactions (such as between a manufacturing business and its supplier), as well as transactions where one of the parties is a consumer. The development of contract law Contracts under common law Contract law is largely a product of the common law – it has been developed by the courts rather than by parliament passing laws. A basic common law principle is the assumption that a contract is a bargain made freely between equal parties (freedom of contract). Because of this, courts have been unwilling to set aside or alter contracts except in very limited circumstances. Even where there has been unfairness or sharp practice the principle of sanctity of contract has generally prevailed, and contracts have been upheld. not the equality that contract law has traditionally assumed. Limited bargaining opportunity In practice there is usually little opportunity for bargaining – goods and services...
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...Chapter 13 Intention to create legal relations ‘Honour’ clauses: not entered into as formal agreement. expressly intention: consider term expressly and clearly state the parties intention. Implied intention: the courts have to determine objectively whether the parties intended the agreement to be legally enforceable. Society agreement: ones made b/w friends or acquaintances.. other domestic agreement: voluntary agreement, commercial or business agreement. Government contract,AD, 1. Trevey v Grubb (1982) social 中奖一人独吞A three person syndicate won in the lottery. The ticket was in the name of D, who refused to share the prize. This was a social agreement. The nature of the agreement betw. parties was that they must have agreed that it would be enforced in the event of them winning. Thus, there was a contract and P was entitled to share of the winning in proportion to her contribution. 2. Balfour v Balfour [1912] domestic 成功拒绝付生活费D left apart with his wife, and promises to pay $30 a month. But he refused to continue pay. This was a domestic arrangement ‘bcs. the parties did not intend that they should be attended by legal consequences’. At the time the agreement was made the courts did not consider that the marriage had broken down. 3. Merritt v Merritt [1970] family 离婚,但是还要给利息The D left his wife. The parties reached an agreement whereby the D was to transfer his interest in the jointly owned matrimonial home to P. P should succeed, bex. the parties are separated. The agreement...
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...relief for some disabled or neglected children and have some theoretical advantages over alternative causes of action.3 But they have had 1. In these cases, the disability is not usually caused by events after conception, such as prenatal damage. Rather, the disability, the underlying genetic condition, or the relevant circumstances of conception are essentially linked to the child’s identity or existence. So, he must claim that his life was wrongfully caused, not only his disability. Jeff McMahan argues that some significant prenatal damage, occurring early in pregnancy, may affect the identity of the child. If he is correct, then such cases should be classified with the cases typically associated with wrongful life litigation. Jeff McMahan, Wrongful Life: Paradoxes in the Morality of Causing People to Exist, in RATIONAL COMMITMENT AND SOCIAL JUSTICE: ESSAYS FOR GREGORY KAVKA 208–47 (J. Coleman & C. Morris eds., 1998). 2. Usually these suits are brought on behalf of children and allege that their parents’ doctors were at fault for failing to inform the parents of a likely defect (knowledge of which would have forestalled creation), failing to prescribe effective contraception, or failing to perform an abortion properly. Cf. Lori Andrews, Legal...
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...A. Intention Social/domestic nature: do not intent to create legal relation Balfour v Balfour (1912) husband n wife diff region(do not intent to legally bound), Wakeling v Ripely (1951) do have intent to legally bound, in reliance on the promise & serious consequences & evidence regarding parties intention.Commercial nature: intend to create legal relations: Edwards v Skyways Ltd(1964)(Employees & Company)(agreement was commercial, have intention) Carlill v Carbolic Smoke Ball Co( 1893)(Advertisement)(claim have money in bank and intent to pay for those who sick after use the product) .Leorard v Pepsico Inc (2000)(Advertisement)(PUFF)(no intention) Issue: Did the grandfather and granddaughter intent to create legal relation? Situations for rebutting: The nature of the document (if any) may indicate intention (eg if drafted by a solicitor) The agreement may expressly state that it creates legal relations (Rose & Frank Co v J R Crompton & Bros Ltd (1925)) The surrounding circumstances may indicate intention (eg Merritt v Merritt) One party may have changed position significantly in reliance on the agreement - the consequences are sufficiently serious (eg Wakeling v Ripley) B. Agreement : offer n Acceptance #1 Invitation to treat: invitation to other to make an offer (Advisements catalog: Carlill v Carbolic Smoke Ball Co, Advertisements are usually considered to be invitations to treat (Carlill v CSBC).(Display of good:Goods on display in a shop are not treated as an offer...
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...PROPERTY LAW Introduction -Historically there were two branches of Property Law: • Real property: (Land and interests in land) • Personal property: (Everything besides land and interests in land) -The reason for the two separate branches is that historically land was the most valuable type of property (and arguably still is). -This course predominately focuses on real property. *Note that personal property can become real property by being attached to real property – referred to as ‘fixtures’. (E.g. carpet fixed to a house). SEE LATER FOR FULLER DISCUSSION OF FIXTURES. -General terminology: • Licence: all rights in relation to land, which look like a property rights, but are not actually property rights. ❖ Bare licence: The licence is not coupled with any form of consideration, and therefore can be revoked at will. ❖ Contractual licence: A licence coupled with a contract, and therefore may have remedies in breach of contract (damages, etc.). -Real Property (Common law) rights: • Fee Simple – An unencumbered inherited interest in land. It is almost equal to ownership (the crown actually owns all the land, but people have the right to reside on the land. • Native title – To be distinguished from the common law system. • Life estate – This estate lasts until death, i.e. it is not inheritable. • Lease / tenancy agreement – The right of possession is given (also known as a ‘possessory estate’. (If...
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...Texas State Supplement to Accompany Civil Litigation 7E Peggy N. Kerley Joanne Banker Hames, J.D. Paul A. Sukys, J.D., Ph.D. Prepared by Peggy N. Kerley Updated in 2013 by Jennifer Carpenter Australia • Brazil • Mexico • Singapore • United Kingdom • United States i © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ii PART I Introduction to Civil Litigation Contents Introduction ............................................................................................................................................iv PART I INTRODUCTION TO CIVIL LITIGATION CHAPTER 1 CHAPTER 2 Litigation and the Paralegal..................................................................................................................1 The Courts and Jurisdiction .................................................................................................................2 PART II INITIATING LITIGATION CHAPTER 3 CHAPTER 4 CHAPTER 5 CHAPTER 6 CHAPTER 7 Preliminary Considerations and Procedures.......................................................................................9 Investigation and Evidence .................................................................................................................10 The Complaint...............................................................................................................................
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