Contract Creation and Management Simulation LAW/531 January 4, 2012 Contract Creation and Management Simulation Eight months into a 1-year contract between Span Systems, a California e-banking software developer, and Citizen-Schwarz AG (C-S), a large German bank looking to break into the retail financial services market in America (University of Phoenix, 2009), C-S suddenly sent a letter to Span stating that deliverables were behind schedule and unacceptable. They wanted to rescind the contract
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Procurement and Contract Law 26 February 2012 Introduction The Federal Acquisition Regulation (FAR) is a set of principles that govern the government procurement process. It regulates the purchasing of goods and services by the government. The FAR is codified in Title 48 of the U.S. Code of Federal Regulations. It is prepared, issued, and jointly maintained by the Secretary of Defense, the Administrator of General Services, and the Administrator of the National Aeronautics and Space Administration
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Law Paper – The Contract (Case Study) Introduction This law paper is based on a case # 63075 from Provincial Court of British Columbia in which there was a false insurance claim made by Gulbhar Singh Bhullar (Son) and Kuldip Singh Bhullar (Father) from ICBC (Insurance Corporation of British Columbia). The date of hearing and judgement was January 22, 2009 and the place of hearing was Surrey, BC. The Counsel from Claimant side was R. Wellman, Q.C. and from Defendant side was C. Alexander. And
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enforceability of a contract? Courts will generally allow a unilateral mistake of fact to impair the enforceability of a contract if the nonmistaken party has caused the mistake or knew or should have known or should have known of the other party’s mistake, and the mistaken party exercised ordinary care. 2. What types of mutual mistakes do not make a contract defective? Mistake as to value, quality, or price; mistake as to the terms of the contract; mistake as to the law, mistake as to expectations
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rule of contract law that makes an exception to the general rule that an acceptance is only created when communicated directly to the offeror. The postal rule is a concept of contract law that is commonly referred to as the mailbox rule. It was formed at a time when contracting parties did much of their bargaining from a distance. Bargaining at a distance, typically through the mail, created a problem, because the parties could not know at the same time whether they had formed a contract. As a result
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FREEHOLD COVENANTS Creation of freehold covenants * Not capable of being legal interest in land (s. 1(2) LPA 1925), can only be equitable (s. 1(3)) * Invariably created expressly by deed. However, as an equitable interest the minimum formality requirement is that it is created by signed writing (s. 53(1)(a) LA 1925) * Usually imposed when a person sells part of the land that he owns and are therefore contained on the transfer. Covenant Terminology * Covenantor * Person who makes the
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Ch5 Formation of a Contract: Offer and Acceptance An invitation is not an offer; a merchant is not obligated to sell to everyone who reads an ad (its supply may be limited) he is the offeree Both parties must be aware of the offer and counter offers, else any coincidental acceptance under the same terms still don’t qualify as an acceptance Protection against Standard Form Contracts 1. If business is regulated by govt board, its terms are subject to approval 2. Some segments of the public
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This case consists of mainly two parts: one is the formation of a contract and the other one is the operation of the contract. Thus in this paper I will discuss it in two individual parts. [PART I] ISSUE: Is the advertisement “mere puff”? Or is there a binding contract between Michael and Slimy Motors Pty. Ltd.or the manufacturer who authorized the advertisement? RULE: Five elements which must be established before a contract can be formed- offer, acceptance, agreement, consideration and intention;
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is the perfect tender rule? The perfect tender rule is under the common law, the seller is obligated to deliver goods that conformed to the terms of the contract in every detail. 2. According to the UCC, what are a buyer’s options if the goods do not conform to the contract? Does a buyer have those same options if the goods conform in every respect? Explain. The buyer’s options if the goods do not conform to the contract, the buyer or lessee may accept the goods, reject the entire shipment, or
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Was there a Contract Formed? 1.2.1 Existence of Offer 1.2.2 Existence of Acceptance 1.2.3 Existence of Consideration 1.2.4 Existence of Intention to be legally bound 1.2 Terms v Representation 1.3 Condition v Warranty 1.4 Remedies for Breach of Condition 1.5 Exemption Clause 1.6.5 Incorporation by Signature 1.6.6 Incorporation by Notice 1.6.7 Construction 1.6.8 Unfair Contract Terms Act
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