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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and went onto Chapter 9, which introduced contracts. We discussed the definition of a contract and the sources of contract law. Article 2 of the Uniform Commercial Code for sales of goods, common law for other contracts, and the United Nations’ Convention on the International Sales of Goods are the sources of contract law. The elements of a contract were introduced. These elements were agreement, consideration, capacity, and legality. We classified contracts as bilateral v unilateral, valid, void,
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information is not an offer”. This principle tells us if purchase only ask some information about the goods which purchase is interested in, there is not an offer between them. ABC put the advertisement on its website and stated that purchase orders could be made by fax, letter or online communication. The fact is the Red Chilli sent e-mails to them, that was asking question and trying to get more details about the goods, but the ABC treated it as an offer. Thus, there is no binding contract beeen Second
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responded to Al’s letter stating that they accepted his offer but that they would only pay £45 per filter. Al wrote back to Bash Cars plc stating that he would supply the filters but only at the original price of £50. When Al’s letter arrived, the purchasing director of Bash Cars plc did not notice the alteration of the price and ordered the 1,000 filters from Al, which he supplied. Required: Analyse the situation from the perspective of contract law and in particular advise Al what price he is entitled
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Business Law Group Assignment Question 1. a) i) Issue: 1.Does the proprietor, Quills Department Store, owe a duty of care to its customers to take reasonable care to protect such customers from foreseeable harm? 2. Dose the cleaner own owe a duty of care？ 3. Dose the floor polish manufacture owe a duty of care? Rules: 1. Neighbour test—the neighbour should be the person who are so closely and directly affected the others that the person ought reasonably to have them in contemplation
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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 two
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perform in accordance with the published advertisement or not. According to Section 87(2) of the Restatement (second) states that “an offer which the offeror should reasonably expect to induce action or forbearance of a substantial character on the part of the offeree before acceptance and which does induce such action or forbearance is binding as an option contract to the extent necessary to avoid injustice” (University of California (CSUN), 2011). The dealership cannot be held liable for any
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FORMATION OF CONTRACT - OFFER FISHER V BELL (1961) Shopkeeper was charged with offering flicknives for sale contrary to Offensive Weapons Act. The knives were on display in his shop window. Court held that the display of these items was not an offer but an invitation to treat and therefore no offence under the statute had been committed. PARTRIDGE V CRITTENDEN (1968) The Protection of Wild Birds Act made it an offence for a person to offer wild birds for sale. Partridge had
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A unilateral contract was formed when Marsha was first in line and offered payment for the coat. This case problem was developed from the classic case of Lefkowitz v. Great Minneapolis Surplus Store, 86 N.W.2d 689 (Minn. 1957). 2. The parties clearly intended to contract and a contract can be evidenced by papers grouped together; it need not all be on one form. “ACCEPTANCE ON REVERSE SIDE” does not convey a mandatory condition, but rather only a convenient method for acceptance. The letter
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facts of the given case, it is apparent that the buyer, Bai Yun Incorporated, located in Beijing, China intends to iniatiate a sale of goods contract with the seller, Susie Seller located in Melbourne, Australia. Although neither party made any mention to the type of incoterm to be used, the buyer in this instance specifically requested that the terms of contract provide for main carriage to be arranged for and borne by the buyer. In addition to that, the buyer also insists on using China Ocean Shipping
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