ENGLISH AND INDIAN LAW 1|Page Table of Contends Introduction………………………………………………………4 Coercion…………………………………………………………..5 Undue Influence………………………………………………….9 Fraud……………………………………………………………..16 Misrepresentation……………………………………………….24 Mistake…………………………………………………………...31 Conclusion……………………………………………………….35 Bibliography……………………………………………………..36 2|Page Introduction Consent can defined as the meeting up of two minds. It well defined principle in common as well as in Indian Law. Section 13 of
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instruments d. novation of instruments 3. These are contracts where in all the necessary elements for its legitimacy are present but the consent is rejected due to lack of legal capacity by one of the parties, violence, fraud, mistake or intimidation even though there may have been no damage to the contracting parties. a. Rescissible contracts b. Fraudulent contracts c. Voidable contracts d. Pending contracts 4. Which of the following scenarios exhibits Dolo Causante
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Procurement Law Overview, Part One Procurement and Contract Law Procurement Law Overview, Part One The purpose of this paper is to provide an overview of procurement law. There are three different branches of Government: Legislative, Executive, and Judicial. In the United States, the Office of Federal Procurement Policy (OFPP), the Defense Acquisitions Regulations (DAR) Council, and the Civilian Agency Acquisition (CAA) Council determine federal procurement policies by its legislative action
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promise in a contract, the breach of which may give rise to a claim for damages. It is essentially a minor term of a contract. A warranty, is a minor term, collateral to the main purposes of the contract, for breach of which the innocent party has a right to damages while remaining bound to perform his own liability’s under the contract. Property law an agreement, express or implied, by which the merchant of genuine property vouches for security of the title passed on. Contract law an express or
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BSAD 341: BUSINESS LAW Semester: Fall 2011 Assignment # 2 - Case Study - Contract Law The Postal rule is an exception to the general rule of contract law in regard to the acceptance, which states that “acceptance in not effective until communicated to and received by the offeror”. The postal rule states that, by contrast, that acceptance takes effect when a letter is posted. The rationale given for the rule is that both parties nominates the post office as implied agent and therefore receipt
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Whether under Contracts Code section 201 Megan Hartley will be able to void the Separation Agreement where she signed it while being pressured by her husband and after drinking scotch. Facts: Megan Hartley and Tony Hartley were married six years ago. They have two eight year old twins Ariel and Jason. Mr. Hartley is an investment banker. Mrs. Hartley is a part-time salesperson at an art gallery. Mr. and Mrs. Hartley have been fighting often over the last two years. On three separate occasions during
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Case 1 Issue This problem addresses the issue of agreement, whether there is a valid contract or the offer may be terminated. In order to the contract being valid and enforceable, there is a need for the conduct of an offer and an acceptance. Rule For an offer to be valid, it contains some rules, including lapse of time. When an offer is made, it does not last forever. An offer stated to open for a specific period, lapse if the there is no acceptance within that time. If there is no set time for
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Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. An offer is an indication by one person to another of their willingness to contract on certain terms without further negotiations. A contract is then formed if there is express or implied agreement. A contract is said to come into existence when acceptance of an offer has been communicated to the offeror by the offeree. One party, the offeror, makes an offer which
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Mistake Mistake exists where parties to a contract think that they have agreed when in actual fact they have not. For a party to be able to set a contract aside on the basis of mistake he has to establish the following. The mistake should be one of fact not law, the mistake must concern a material fact and it must be a reasonable mistake. The types of mistakes in the contract of law include unilateral mistake, mutual mistake and common mistake. Bilateral/common mistake This exists where both
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Contract [Name of the Writer] [Name of the Institution] Contracts Introduction A contract is a legal agreement between two parties. For a contract to be valid, it must meet all prerequisites of the law, should bind the involved parties, and should be implementable in a legal court. Legal Competency: This means that the contract must be legally recognizable, i.e. both the parties entering into the agreement must have reached legal age (Miller, 2010). 1. Mutual Agreement: Also known
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