Topic 1 Introduction and Elements of a Contract LEARNING OUTCOMES By the end of this topic, you should be able to: 1. 2. 3. 4. Identify laws and Acts which govern the formation of a contract in Malaysia; Explain the definition of a contract; Discuss the basic elements in the formation of a contract; and Analyse the legal provisions regarding each element in the formation of a contract. INTRODUCTION In this topic, you will be introduced to the laws which govern the formation of
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transaction. Normally, the following 2 items are needed to form an agreement: - i. Price (e.g. how much is the house that I am going to sell to you?) ii. Property (the seller has to show the buyer the goods or to describe them briefly: Hillas & Co Ltd v Arcos Ltd [1932] All ER Rep 494). * Under the Sale of Goods Ordinance (cap.26 of the Laws of Hong Kong), the buyer is required to pay a reasonable price for his purchased goods if there has not been a specified price in the agreement. Under the
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Law of Contract The nature of contract law: The law relating to contracts is a subject matter of private law. The governing law of contracts is the Contract Act 1872, which is predominantly a private law. The public law, however, comes into play when the parties are at breach of contracts. For example, the courts can award damages/compensation for the breach of contract, which is an act of public law. Contract law is part of law of obligation, which has other sources such as law of torts which
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1.0 Introduction 1.1 Basic Elements of Contract In order to form a valid contract, each agreement must fulfill some important elements which are stated in Section 10 (1) of Contract Act 1950, “All agreements are contract if they are made by the free consent of parties competent to contract, for a lawful object, and are not hereby expressly declared to be void.” This section emphasizes the legal contract, the willingness and the parties capable of contracting and consideration which are all part
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HND BUSINESS MANAGEMENT COURSE: ASPECTS OF CONTRACTS AND NEGLIGENCE FOR BUS [Type text] Page 1 Tables of contents Executive summary-----------------------------------------------------------------Introduction--------------------------------------------------------------------------Case study 1a Augustine and Christina------------------------------------------1b Augustine and Florence------------------------------------------Case study 2a Richmond consultancy business---------------------------------Case
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Elements of the law of contract Catharine MacMillan Richard Stone 2009 LLB 2650040 Diploma in Law 2690040 page 2 University of London External System This subject guide was prepared for the University of London External System by: u Catharine MacMillan BA (Victoria) , LLB (Queen’s, Canada), LLM (Cantab), Lecturer in Law, School of Law, Queen Mary, University of London and u Richard Stone LLB (Soton), LLM (Hull), Barrister, Professor and Head of Law, Lincoln Law School
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CHAPTER 1 LAW OF CONTRACTS 2 Business Law Including Company Law 1.1 NATURE OF CONTRACT [Sections 1–2] INTRODUCTION We enter into contracts day after day. Taking a seat in a bus amounts to entering into a contract. When you put a coin in the slot of a weighing machine, you have entered into a contract. You go to a restaurant and take snacks, you have entered into a contract. In such cases, we do not even realise that we are making a contract. In the case of people engaged in trade
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Common law courts and judiciary system 3. Equity expands remedies beyond monetary compensation Classification of law: * International v domestic * Public v private * Substantive (rights and duties under the law) v procedural (rules of evidence and conduct) * Common (parliament and courts) v civil (legal code) * Civil actions v criminal actions Origins of Australian Law: * 1865 Colonial Laws Validity Act NSW (AUS) can pass own laws as long as they don’t conflict with
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Law and its application for settlement of disputes (highlights on ADR) Lecture |Largely ADR | |Two categories | Informal & indigenous mode of ADR formal or court-annexed ADR (As old as the society itself) (Since the decades of 17th in USA) USA-since 1970s, public talk- against civil justice system because of excessive delay, expense, inflexibility and technicality In a speech in 1976, Warren Burger (CJ) of USA discussed with the
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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
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