understandings and intentions between the contracting parties are needed to legally binding a contract. However, there is no intention to create legal relations when it comes to cases that involve with social, domestic and family arrangements. Balfour v Balfour 1919: “The defendant (the husband) promised to pay his wife £30 a month as health maintenance when she could not return to Ceylon with him under the doctor’s advice. When their marriage ended in divorce, the wife sued for the monthly allowance
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Assignment 1 – M1 Analyse the impact of the requirements for a valid contract in a given situation Aled, aged 19, decided he wanted to set up in business. He was planning to buy and sell items both on the internet and by mail order. Aled agreed with his father, Brian, that they would convert a spare room in the family home into a ‘business centre’ with telephone lines, internet and fax facilities and a selection of office furniture and equipment. Aled then entered into the following agreements.
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precise meaning than that the regarded itself as offering the best deal.[1] “The advertisement invites members of the public to come and test drives the new model” means the advertisement was an offer to anyone who had watched it. In Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 AT 261-2K Lindley LJ [2]said: Advertisement offering rewards are offers to anybody who performs the conditions accepts the offer. In point of law this advertisement is an offer to pay to anybody who will perform these
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TABL 1710, BUSINESS AND THE LAW SAMPLE LEGAL PROBLEM QUESTION AND SAMPLE ANSWER NOTE: • The sample question and answer are based on a previous problem question. • The sample question and answer are purely intended as a GUIDE TO THE STYLE OF WRITING answers to legal problem questions. • Do NOT use the content of this answer for your assignment as the facts and issues in this problem are different to those in the assignment question. • Do not try to learn the content of
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not concern themselves with its adequacy and the relative values exchanged. Therefore, it can be argued that if a party does, or promises to do something, which he is already bound to do, he then provides no consideration for the promise. In Stilk v Myrick, two sailors deserted during a voyage, the master promising to apportion the deserters’ wages amongst the remaining sailors if they would sail the ship home safely. The courts held that the claim for additional wages must fail since no consideration
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LEGT 1710, BUSINESS AND THE LAW SAMPLE PROBLEM QUESTION AND SAMPLE ANSWER NOTE: • • • • The sample question and answer are based on a previous problem question. The sample question and answer are purely intended as a GUIDE TO THE STYLE OF WRITING answers to legal problem questions. Do NOT use the content of this answer for your assignment as the facts and issues in this problem are different to those in the assignment question. Do not try to learn the content of the sample answer as a replacement
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Bloom Appellant v The American Swiss Watch Company Respondents 1915 AD 100 Appellate Division, BLOEMFONTEIN. 1915. February 2, 3. INNES, C.J., SOLOMON, J.A., and DE VILLIERS, A.J.A. Flynote Contract. --- Reward. --- Animus contrahendi. --- Contractual privity. Headnote After certain property had been stolen a reward was offered to any person giving information which would lead to the arrest of the thieves and the recovery of the property. The appellant and others claimed this reward for information
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Part One Issue The question of whether Patrick is bound to the agreement for the purchase of the horse from Joanna depends on whether a legal contract existed between the two parties. For a contract to exist legally, the essential elements: intention, offer, acceptance and consideration, must be present. In the event that Patrick is not bound by the agreement, alternative remedies are considered. Essential elements of a contract Since Patrick was “interested in purchasing a valuable horse
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Contract Law LAW OF CONTRACT Name: Institution: A contract can be simply defined as an agreement made by parties that is legally binding by its nature. It can also be defined as legally binding set of promises or promises (Lawrence & Elizabeth, 2007). A breach of any aspects of the agreement or a promise that constitutes a contract will lead to a subsequent remedy from the party that has been accused of the breach. The law of contract as shall be later discussed has provided
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Intention to create legal relations Statement of the Rule To create a contract there must be a common intention of the parties to enter into legal obligations, mutually communicated expressly or impliedly (Rose and Frank Co v JR Crompton & Bros Ltd). It is open for the parties to use express language to indicate an intent (or lack of) to impose legal obligations on each other. Alternatively, this intention can be impliedly from the circumstances. The courts use an objective test in making
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