which is, contract formed between both the parties Alan and Ben. There are four elements to form a contract (Burton's Legal Thesaurus, n.d. para.1). The first element will discuss about legal capacity. Both Alan and Ben are in legal age (above 18 years old) and furthermore Alan and Ben are not under the influence of intoxication, nor are they both suffering from any mental illness. Therefore they are not considered as minors and are knowledgeable of understanding the nature of the contract and possess
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of many project management software such as SQL, Sharepoint, ALM, Clarity, and ALFA. My direct role was to understand many different branches of the company and the exact work they do day to day. This way I could configure these employees in MBFS’ Contract Management System to be able to successfully complete the work needed. I also made sure the system was set up correctly to pass audit checks. MBFS having trusted and believed in my abilities, I soon had the same levels of authority of many of my
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Remoteness of Damages in Torts Before we begin looking into the depth of the topic, let us start with a few definitions to draw out the basic structure of what all will we cover. 1) Tort – A tort is a civil wrong that causes unlawful harm to a person, giving them legal liability to sue the wrongdoer, or the ‘tortfeasor’. 2) Damages in Tort – These are the different forms of compensation usually given to a victim for injury or harm caused. 3) Remoteness – In Tort law, it is the set of rules
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What is contract? Restatement 2nd of contracts a contract is a promise or a set of promises for the berach of which the law gives s remedy, ror the performance of which the law in some way recognizes as a duty. A contract is subject to legal enformcent. Promisuar and a promisee A bilateral contract it can be both promisaur and promisee. A contract is a statement that there are future obligation on one party or the other. If paid all cash it’s a mere transaction and not a contract. It needs
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is complete, however, it is questionable when the completion of the acceptance of communication take place either at 11.00 a.m. when Betty left message or at 4.30 p.m when Usop get the message from Betty that showed by Fatimah. Is there is valid contract between Betty and Usop? In situation between
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clients from Bake Chef Sdn. Bhd. and transfer the title of his house to his company, Cake Mart Sdn. Bhd. to evade the contract of selling his house to Ramos. In Sec 16(5) of Companies Act 1965, a company may sue and be sued in its own name. However, under the rule in “Foss vs. Harbottle”, a company should sue the other party under its own name if the company has a right under contract against the party. On the other hand, under the rule of “Jones vs. Lipman”, a court can set aside the separate legal
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A Contract is a legal binding with the presence of (Offer, Acceptance, Intention and consideration) four essential elements. Essential Elements are as under; 1. Offer(proposal) It is starting point from where an agreement gets life formally which ultimately may take the shape of a legally binding contract. Offer means the formal expression of intention or willingness of one party to another to do or to refrain from doing an act in order to obtaining the assent of the other party to such act
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awarded damages and costs. Bench Win, which only later discovered that the plaintiffs were squatters, pleaded that the consideration for the compensation agreement was illegal and the contract were void. Issues Whether the contact void and unenforceable? Whether plaintiffs use of premises as consideration for contract unlawful? Decision The court dismissing the claims with costs.The compensation agreement between the plaintiffs and Bench Win were void and unenforceable on the ground of illegality
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What should the price of a gallon of fuel oil represent to a customer? What do you get for that price? “Purchase decisions are based on how consumers perceive prices and what they consider the current actual price to be—not on the marketer’s stated price” states Kotler (2012). He further goes on to explain that customers may have a lower price threshold at which prices means inferior or unacceptable quality, while a high price threshold at which prices are refused determine that the product is not
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checks o not current supplier • Westbank provides free checks at a cost of $8M per year • Current situation – 50% split suppliers, last 5 years o Supplier A prints and mails 50% checks, renewed contract 8 months ago o Supplier B prints and mails 50% checks, contract expires in 4 months o Each 2 year contract, good quality and service o Costs studied one year ago, determined pricing was fair BASIC ISSUES; (note - tie to elements from textbook) 1. Purchasing for a service organization. 2. The
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