Topic Semester Two 2013 ‘Consideration does not have to be adequate or commercially realistic‚ nor does it need to be expressed in monetary terms‚ it merely needs to be “sufficient”.’ Discuss the accuracy of this statement. Your answer should include a detailed explanation of “nominal” consideration and “sufficient” consideration and how these legal concept interact in situations like that in Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1. Your answer should also discuss
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terminate the contract. In relation to this case‚ the offer and acceptance‚ thus the making of agreement‚ has been established. Offer‚ is when an offeror offers anything to the offeree‚ then the offeree makes an agreement through acceptance‚ which then forms and agreement‚ thus where the offer and acceptance is being applied. In light to this question‚ it will be tackled on how David will deal with these offerees and their respective parties‚ which will be discussed mainly on how the contract is made
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approaches to the definition of ‘intention’ in English Criminal Law? Introduction Intention is a fundamental term in English Criminal Law. Numerous criminal offences are defined as to require the proof of intention. It might be expected that the meaning of such a fundamental term would be settle a long time ago‚ however ‚ that is not the case. Over the years there had been conflicting debate and courts had faced great difficulty in defining intention. Intention had been defined inconsistently
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ASPECTS OF CONTRACT LAW 1) A contract by definition is a form of agreement that binds two or more parties who can involve in a legal relationship and will be bound to perform according to the terms and conditions that are agreed upon in the contract. 2) The essential elements of a contract are: Agreement: it is determined by the regulations of offer and acceptance. It is the most essential element and the very first one. An agreement is made when the offerer proposes his offer and the offerree
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Consideration In contract law consideration is concerned with the bargain of the contract. A contract is based on an exchange of promises. Each party to a contract must be both a promisor and a promisee. They must each receive a benefit and each suffer a detriment. This benefit or detriment is referred to as consideration. Consideration must be something of value in the eyes of the law - (Thomas v Thomas). This excludes promises of love and affection‚ gaming and betting etc. A one sided promise
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SECTION 2: THE AGREEMENT An agreement is the essence of every contract. The parties to a contract are the offeror (who makes an offer) and the offeree (to whom the offer is made). If‚ through the process of offer and acceptance‚ an agreement is reached‚ and the other elements are present (consideration‚ capacity‚ legality)‚ a valid contract is formed. KEY VOCABULARY Material: Subject (matter): Offeror: Offeree: Firm offer: Party (parties): Revoke: Entitled: Disclaim: WARM-UP QUESTIONS:
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namely actual authority and apparent or ostensible authority. Actual authority is the authority given by the principal to the agent and could be in written or oral form. The capacity of an agent to act is the same as the capacity of his/her principal. The express actual authority of an agent means that an agent has been told orally or in written form by the principal to act on his behalf. Hence‚ the agent’s authority may be restricted by the terms of agreement known as power of attorney. However
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contract law agreement: objective test of intention to agree offer must be matched by other’s acceptance requirement of certainty of agreement parties have intention to create legal relations enforce promise: consideration promise is contained in a deed promissory estoppel (claimant has relied on defendant’s promise) reliance theory: consistent with the harm principle (prevent harm on others) restitution interest
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CONTRACTS CONTRACT a meeting of minds between 2 persons whereby one binds himself‚ with respect to the other‚ to give something or to render some service (ARTICLE 1305) GENERAL PROVISIONS (Arts. 1305-1317) Distinguish an ordinary Contract: a.) from a Contract of marriage b.) from an obligation c.) from an imperfect promise d.) from a pact e.) from a stipulation a.) from a Contract of marriage ORDINARY CONTRACT 1. The parties may be 2 or more persons of same or different genders
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CONTRACTS Stages in the life of a contract: 1. Preparation/Generation 2. Perfection/Birth 3. Consummation/Death Characteristics of Contracts: (ROMA) 1. Relativity (Art. 1311) 2. Obligatoriness & Consensuality (Art. 1315) 3. Mutuality (Art. 1308) 4. Autonomy (Art. 1306) Stipulation pour Autrui - stipulation in favor of a 3rd party. Requisites: 1. The stipulation must be part‚ not whole of the contract; 2. the contracting parties must have clearly and deliberately conferred
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