Kinds of Contracts: 1. Nominate contract – has a specific name / designation in law (commodatum, lease, agency, sale) 2. Innominate contract – has no specific name a. kinds i. do ut des ( I give that you may give ) “barter” ii. do ut facias (I give that you may do ) iii. facto ut des (I do that you may give) iv. facto ut facias (I do that you may do) 3. consensual contract – perfected by mere consent (Sale, lease, agency) 4. real contract
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breach of contract is a remedy that originated in the common law courts. It consists of rejecting a defaulting party’s flawed performance and/or putting a stop to further performance of the contract. Termination right to perform consists of: -Termination of performance is only available as a remedy for relatively serious breaches of contract or another word is breach of condition. Associated Newspaper Ltd Bancks (1951). It also available for a breach of nominated (intermediate) term, if the
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Contracts -- INTERNATIONAL COLLEGE OF BUSINESS AND TECHNOLOGY -- 14 ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Individual Assigment -Stephani Jayarathne- BTEC EDEXCEL HND DIPLOMA IN BUSINESS (MANAGEMENT & HUMAN RESOURCES) OFFERED BY INTERNATIONAL COLLEGE OF BUSINESS AND TECHNOLOGY ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS STEPHANIE JAYARATHNA BMK 31 ICBT KANDY CAMPUS SUBMITED TO: MRS KANCHANA LIYANAPATHIRANA 2013/07/21 Acknowledgement. It is with great
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| Unit title: Unit 5 Aspects of Contract and Negligence for Business | Unit code(s): Y/601/0563 | Learner: Aliya Theriault | Assessor:Svetlana Begalieva | Internal Verifier:Dinara Bobusheva | Title of Assignment:“Tramways Advertising v Luna Park”Grading criteria: P1.1, P1.2, P1.3, P 2.1,P 2.3,M1,M2,D1Related learning outcomes:LO 1: Understand the essential elements of a valid contract in a business context.LO 2: Be able to apply the elements of a contract in business situations. | Assignment
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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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ACT 1957, a condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. The supportive case is Poussard v Spiers (1876), where it was held that it was a breach of condition, because Madame Poussard (defendant) was not able to perform the conditions because she was ill and Spiers (plaintiff) were entitled to end the contract (E-lawresources.co.uk, 2015). The main distinction between condition and warranty
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1. Offer : each contract should have an offer that is the readiness of party A to do an activity with party B. An offer can be done orally or written However, an offer should not be disordered with an invite to treat which is just an invitation to a customer to make an offer which can be recognized or rejected. 2. Acceptance: It is mean that the party B agree to all of the terms of the offer with no condition due to the fact that in case it only takes some of terms it is not mean that
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Air Asia, an airline company is entering into a contract with Delta Cargo. You being the legal advisor of Air Asia have to explain to your company the following: 1. Describe to them specific contract terms with reference to their importance and impact if these terms are broken. 2. Explain the application and analyze the law on standard from contracts. It is a pre-prepared contract where all the terms have already set. In standard form contract each of the party will have different duties such
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The unit introduces the law of contract, with a particular emphasis on the formation and operation of business contracts. You are encouraged to explore the content of these agreements and then develop skills relating to the practical application of business contracts, including offer, acceptance, intention, consideration and capacity. As a newly appointed human resources officer for an organisation called SimoSito (a software development company), your line manager has asked you to prepare a
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CLASSIFICATION AND REMEDIES OF TERMS GOH KAH LING* The writer has discussed that contract is a legally enforceable agreement that meets certain specified legal requirements between two or more parties. Terms of contract are statements that made by one party in order to encourage the other party to enter into the contract. It should be clear, promissory and capable of acceptance. Terms of contract can classified as conditions and warranties. Conditions terms are term of major importance which goes
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