LAW204 - CONTRACTS Week 5 – Express Terms ___________ ** N.B. The main cases covered in lectures, containing MAIN RULES are highlighted in YELLOW! READINGS/LECTURE CHAPTER 10 – EXPRESS TERMS Introduction – Contents of a Contract? * Express Terms: contain contractual promise and terms that are capable of being Incorporation by pre-contractual statement: * Courts look at what the parties said * Have these statements become express terms? Statements the court acknowledges:
Words: 6658 - Pages: 27
The personal liability of third parties for having received or dealt with trust rights or their traceable substitutes which they received in breach of trust is known as recipient liability. Knowing receipt arises where the recipient has some degree of knowledge that the property was received in breach of the trust or following receipt acquired some degree of knowledge that the rights were trust rights and dealth with them as his/her own instead of returning them to the trust. In Re Montagu’s Settlement
Words: 641 - Pages: 3
suspect that the company is insolvent or will be insolvent as a result of incurring the debt. Under Section 304(2) conjunction with S303(3), The Act would makes an officer personally liable to creditors for debts incurred by the company knowingly the contract has no reasonable or probable ground of expectation of the company being able to pay the debt is guilty of an offence. An understanding of the financial position of the company only when sign off on the yearly financial statements is insufficient
Words: 2413 - Pages: 10
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
Words: 6157 - Pages: 25
to the contract based on prior or past dealings. Then, Statute terms are referred to the various states, territories and Commonwealth Trade Practices Act when the contract is formed. But in the Sale of Goods Act, it implied a number of stipulations in every contract for the sale of goods. However, these implied terms apply only when the parties to the contract of sale have not excluded or modified them. The first implied term is the implied condition as to title. It applies to all contracts for sale
Words: 1094 - Pages: 5
com 1 CHAPTER 1: INTRODUCTION CONTRACT OF SALE – One of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain money or its equivalent. A contract of sale may be absolute or conditional. SALES 1. Contract of sale (absolute) • real obligation – obligation to give • remedies available: a. specific performance b. rescission c. damages 2. Contract to sell (conditional) • personal obligation
Words: 10225 - Pages: 41
CHAPTER 1 “LEGAL FOUNDATIONS” Administrative law is the body of law that governs the activities of administrative agencies of government. Clean hands doctrine a rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim. Common law is based on precedent (legal principles developed in earlier case law) instead of statutory laws. It
Words: 6978 - Pages: 28
elements required for formation a valid contract 3 1. Agreement 3 1.1 Offer 3 1.2 Acceptance 4 2. Consideration 5 2.1 Adequacy and Sufficiency of consideration 5 2.2 Privity of contract 5 3. Intention to create legal relations 6 3.1 Domestic arrangement 6 3.2 Commercial agreement 6 3.3 Capacity 7 PART 2 – The impact of different types of contract 8 1. Verbal contract 8 2. Written contract 8 The parol evidence rule 8 3. Implied contract 9 PART 3 – The effect and meaning
Words: 3394 - Pages: 14
Missile Systems was awarded a contract with the Naval Air Systems Command to remanufacture the Tomahawk Missile (Horan and Stanton, 2013). The contract was agreed upon by both parties however a case was brought before Federal Court to determine if a breach of the contract had occurred in light of new costs incurred. The Federal Court found in favor if Raytheon due to a statute of limitations clause in the Contract Disputes Act (Horan and Stanton, 2013). The Contract Disputes Act (CDA) was enacted
Words: 407 - Pages: 2
AT&T to Pay $25 Million to Settle FCC Privacy Breach Case Call center workers leaked information so resellers could unlock used phones By DREW FITZGERALD Updated April 8, 2015 5:12 p.m. Call-center workers for AT&T Inc. leaked confidential information on about 280,000 subscribers so that resellers could unlock used phones, federal regulators said Wednesday. The Federal Communications Commission said the privacy breach involved the disclosure of names, parts of Social Security numbers
Words: 609 - Pages: 3
