Case 1 Issue This problem addresses the issue of agreement, whether there is a valid contract or the offer may be terminated. In order to the contract being valid and enforceable, there is a need for the conduct of an offer and an acceptance. Rule For an offer to be valid, it contains some rules, including lapse of time. When an offer is made, it does not last forever. An offer stated to open for a specific period, lapse if the there is no acceptance within that time. If there is no set time for
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Contract Creation and Management Assignment Paper George Van Hoosier LAW 531 June 26, 2012 Dr. Beverly Spencer Contract Creation and Management The scenario presented is on contractual conflicts. In summary, a software development company and a hotel company entered into a business partnership to develop an electronic reservation system for the hotel company. The groundwork of the plan changed and obfuscated what was expected by both parties. These changes were not communicated well enough
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of a contract, which are (1) an agreement; (2) legal obligation. To constitute a contract there must be an agreement. An agreement is composed of two elements, offer and acceptance. The party making the offer is known as the offeror, the party to whom the offer is made is known as the offeree. Thus, there are essentially to be two parties to an agreement. They both must be thinking of the same thing in the same sense. In other words, there must be consensus-ad-idem. All agreements are contracts if
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which is below zero degrees Celsius. The issue here is whether there is a breach of warranty or a condition. In accordance with the section 12(2) of SALE OF GOODS ACT 1957, a condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. The supportive case is Poussard v Spiers (1876), where it was held that it was a breach of condition, because Madame Poussard (defendant) was not able to perform
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Contract Creation and Management The Contract Creation and Management simulation is about a contract agreement dispute between Span Systems, an e-banking software developer and their client Citizen-Schwarz AG (C-S), a German bank, financial institution whose main purpose of procuring the software is to enter the United States retail financial services market (UOPX Website). The simulation presented both side of the dispute between these two companies. The most important issue is to settle the
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settler population increased, a promissory oral pledge, transformed from word of mouth to a handshake, which in fact “sealed the deal”. In many early settlements, the buyer’s and seller’s terms of the agreement was only in the form of an implied contract; thereby leaving a gap for interpretation with regard to honoring
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Air Asia, an airline company is entering into a contract with Delta Cargo. You being the legal advisor of Air Asia have to explain to your company the following: 1. Describe to them specific contract terms with reference to their importance and impact if these terms are broken. 2. Explain the application and analyze the law on standard from contracts. It is a pre-prepared contract where all the terms have already set. In standard form contract each of the party will have different duties such
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that will bind you in a contract. The law will only recognize contracts where there is intention to create legal relations. Parties to an agreement concerning commerce or business intend to be legally bound. The court will look at the conduct of the parties to determine whether there was intent or not. Secondly an offer is a proposal and upon acceptance a legally binding contract is formed. The third element of a contract is consideration. A legally enforceable contract must be supported by consideration
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Hawkins sought damages for breach of contract in trial court in New Hampshire, because of McGee's unsuccessful surgery. The trial court instructed the Jury that it could consider pain and suffering of the operation as well as positive ill effects of the operation. The jury agreed that a contract had been formed between McGee and Hawkins, and ruled in Hawkins' favor by
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other event. 1) Condition Precedent – a future event, the occurrence of which gives rise to a duty to perform Failure of condition occurs when the condition precedent did not occur, thus failure to perform is not considered a breach. The party must use their best effort. a) Based on Satisfaction i) Express Condition Precedent of personal satisfaction – one party’s duty is conditional on being personally satisfied A) Objective Test
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