warranty. b. Where a contract of sale is not severable and the buyer has accepted the goods or part thereof. c. The breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty, unless provided for otherwise in the contract. d. Obstructs or prevents the other party from fulfilling his part of promise. e. All of the above. 2. Which of the following statements is correct? a. An agreement with or by the minor is void and inoperative. b. A contract entered by the guardian
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CONTRACTS Stages in the life of a contract: 1. Preparation/Generation 2. Perfection/Birth 3. Consummation/Death Characteristics of Contracts: (ROMA) 1. Relativity (Art. 1311) 2. Obligatoriness & Consensuality (Art. 1315) 3. Mutuality (Art. 1308) 4. Autonomy (Art. 1306) Stipulation pour Autrui - stipulation in favor of a 3rd party. Requisites: 1. The stipulation must be part, not whole of the contract; 2. the contracting parties must have clearly and deliberately conferred
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Hacker November 26, 2015 * Identify, define, and discuss the 6 elements of a contract, providing examples to help further the understanding of each element. * Offer – The first party offers to do – or not do- something for the other party. Example: I will pay you $$ to paint my house. * Agreement – Everyone involved of a contract have to show their acceptance to the terms in order for the contract to be contractual. Knowing what is for sell, example: one person wants to purchase
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When entering into a contract, it is important to note the elements of what makes a contract a legal binding agreement between two parties. The Theory to practice case is between Mr. Chou and BBT. Mr. Chou agreed soul distributorship on a 90-day contract agreement in return that BBT paid a sum for Mr. Chou’s product. Agreement, mutual assent, consideration, and capacity legality made up the two parties entrance into the contract. As in the case of BBT and Mr. Chou all contracts have differences to
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ELECTRICAL, INSTRUMENTATION, FIRE/GAS DETECTION & SUPPRESSION ERECTION SCOPES AGREEMENT BETWEEN STOCKGAP NIGERIA LIMITED AND GIL AUTOMATION NIGERIA LIMITED DATED THIS DAY OF 2015 This Electrical, Instrumentation, Fire/Gas Detection & Suppression Erection Scopes Agreement (“This Agreement”) is made this _______ day of _________, 2015 Between STOCKGAP NIGERIA LIMITED, a company duly incorporated
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Topic: Electronic Contracts – Issues and Challenges Electronic Contracts – Issues and Challenges Introduction: Electronic contracts (e-contracts) are governed by the basic principles provided in the Indian Contract Act, 1872 applicable to regular contracts, which mandates that a valid contract should have been entered with a free consent and for a lawful consideration between two adults. Electronic contracts are not paper based but rather in electronic form and are born out of the need for speed
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doctrine of judicial precedents but also involves civil law as vicarious liability falls under concurrent powers with its legislative power of the Parliament, shared between both federal and the states jurisdiction to pass statutes, legislations and Acts (Pendleton & Vickery, 2009). Vicarious liability can only be imposed with a standard of proof, ‘the balance of probabilities’, based on a multi-factor test rule, which includes the usual tests of negligence by the tortfeasor’s conduct, with a dispute
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Week 8 : Final Exam - Final Exam 1. (TCO 1) Your company owns a piece of land and is in the middle of purchasing this property to expand their footprint in the community. At the last minute, the seller has backed out of the deal, leaving you with few options. Your supervisor wants to explore the options for remedies in this case. What remedies would be available given the type of transaction and outcome at stake? Would legal damages make the company whole? What equitable remedies may be available
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Indian Constitution. 3) Contract by union & State shall be executed.(299 (1) ) Position of informal contract Service contract Statutary contract Authorisation by President or Governor Contravention 4) Contractual liability of government Execative authority cannot be fettered by contract a) England b) U.S.A. c) India Legislative Authority cannot be fettered by contract a) England b) U.S.A. c) India Right to prosecute cannot be heard by contract a) England b)
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CONTRACT OF AGENCY The general law of contracts is embodied in the Contract Act, 1872. The law of agency being a branch of the law of contracts, the same is incorporated in the said Act by giving it a full chapter on the subject. Thus sections 182 to 238 of the Contract Act, 1872 deal with the subject of Agency. Special enactments are also there and where a provision of a special Act is in conflict with the provision of the general Act, the former shall prevail unless the special law itself states
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