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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1. Formation of the contract Offer and Acceptance * “The law’s treatment of advertisements and the displays of goods in shops reflect ideas of freedom of contract as well as common sense in commerce.” Discuss. Postal Rule * “The postal rule may have been justified by the forms of communication at the time the rule was articulated but its continued use is akin to ‘flogging a dead horse.'’’ Discuss. * “The postal rule may seem anachronistic, yet although it does reflect the age in
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Securities and Exchange Commission has the role of enforcing major economic rules that control the economic industry. They include, the securities act which aims at achieving two main goals. The first one is the provision of economic information and any other information about financial goods to the shareholders. The other goal of the securities act is making it illegal to cover up, disfigure and other ways of fraud in the transactions that involve financial goods
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INTRODUCTION TO THE LAW OF CONTRACT DEFINITION A contract may be defined as a legally binding agreement or, in the words of Sir Frederick Pollock: “A promise or set of promises which the law will enforce”. The agreement will create rights and obligations that may be enforced in the courts. The normal method of enforcement is an action for damages for breach of contract, though in some cases the court may order performance by the party in default. CLASSIFICATION Contracts may be divided into
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Question 1 Under the s.14(2) goods are required to be of satisfactory quality under s.14(2)d safety and s14(2) .e) durability.14(3) of the sales of goods act states that goods must be fit for purpose in relevance. Section 14(2) deals with instances where goods are usable but have some form of defect. Examples include Ltd Rogers and Another v Parish (Scarborough) and Another 1987 where the Court of Appeal held that a series of defects in a Range Rover made it unmerchantable (not of satisfactory
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and Acts set by the government protect the consumers and resolve a problem in case of breach of contract. I will also explain the features of the courts process; Woolf reforms, track system, small claims court, county court and time limits- stating the strengths and weaknesses of each. The remedies available, protect the consumers quite well in the event of breach of contract as the injured party is able to claim for damages and gain some form of compensation for the loss of the contract; this
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the 1979 Soga Act, or in other words the Sale Of Goods act that establishes the rights and duties of the seller and buyer and their remedies in the event of a breach. The Act is defined as “a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price”. It is also important to take into consideration that land and money are not included in the definition of goods. Even in the case that no physical contract for the sale
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Common law country, due to the fact that its legal history traces for long period and has experienced diverse kinds of disputes. In addition to all, some elements of the contract made by these two parties have been displayed to have a better image on what the parties’ duties and obligations are. Legal Issues: • There is a contract that was signed by the CEO of SA and the Head of Legal Department of CA that gives raise to the question of whether the representatives have a legal capacity to carry out
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Oral contracts a. are not legal. b. cannot be enforced in court. c. lack agreement. d. are harder to prove than written contracts. 2. An illegal contract generally would be considered a. valid. b. voidable. c. implied. d. void. 3. Carlson fully performed her part of a contract to the complete satisfaction of Briggs, who has not yet paid Carlson. This is an example of a(n) a. executory contract. b. executed contract. c. formal contract.
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ordinary and natural meaning, the Literal Rule gives it. Even if the outcome or result is silly, under this rule the Literal meaning must be followed. In R v The City of London Court Judge (1892) Lord Esher stated that once words have clarity in an act they must be followed even if they lead to manifest absurdity. An example of the Literal Rule was in the case of Whiteley v Chappel (1868) states that in the aim of preventing electoral malpractice a statue made it an offense to impersonate ‘any person
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