LAW OF CONTRACT The Law of Contract is that branch of law which determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties. Indian Contract Act‚ 1872 came into effect from 1st September‚ 1872. It extends after
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A standard form contract (sometimes referred to as an adhesion contract or boilerplate contract) is a contract between two parties that does not allow for negotiation‚ i.e. take it or leave it. It is often a contract that is entered into between unequal bargaining partners‚ such as when an individual customer is given a contract by the salesperson of a multinational corporation. The customer is in no position to renegotiate the standard terms of the contract and the company ’s representative usually
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Void and Illegal Contracts Void Contracts Void contracts are basically those which contravene a provision in a statute or are contrary to public policy at common law but to which the ex turpi causa principle does not apply. Void by Statute A statute may declare expressly that a particular contract is void‚ eg s 45 of the Trade Practices Act 1974 which provides that clauses purporting to exclude‚ restrict‚ or modify the liability of a corporation imposed by Division 2 Part V of the Act (that
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the following goods on or before May 31‚ 2012 (the “Goods”) a. 10‚000 widgets Purchase Price 2. The Purchaser will accept the Goods and pay for the Goods with the sum of fifty thousand ($50‚000) USD‚ paid as follows: a. Down payment of $5‚000 upon contract execution b. the remainder of the purchase price within 10 day of receipt of delivery of the Goods. 3. Payment of the Goods will be made to the Seller when the Purchaser has confirmed receipt of the Goods. Delivery of Goods 4. The Goods will
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Monday‚ Facebook was in the limelight for all the wrong reasons yet again. Many users in France encountered a ‘bug’‚ resulting in the publication of private messages dating back to 2009 on their timeline. Facebook has denied the ‘bug’ and the privacy breach‚ but it did not stop users reacting and expressing their discontent. The public have queried about the matter and have acknowledged that if it can happen in France‚ then surely it may happen in Mauritius as well. News on Sunday investigates. According
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Contracts Exam Notes Monika Petrusevska + Kieran Paskin 2012 The 17th day of the 6th month in the 2013th year IS THERE AN AGREEMENT (Satisfy the three elements) Offer and acceptance between more than 2 parties - Clarke v Dunraven May be necessary to look at whole course of dealings - Empirnall Holdings v Machon Was there an offer? – Step 1: Define + State what type of contract Expression to another of willingness to be legally bound by terms – Australian Woollen Mills v Commonwealth
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NOVATION (Article 1291) * The extinction of an obligation through the creation of a new one which substitutes it * The substi or change of an oblig by another‚ which extinguishes or modifies the first‚ either: * by changing its object or principal conditions * by substi another in place of the debtor * by subrogating a third person in the rights of the creditor (Subrogate - Take over a legal claim or right against a third party from another party who previously owned that
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Finance Case Study Dilemma of Asian Bags Asia Paper Bag has since 1990 operated as a manufacturer of plastic carrier bags supplying them on a contract-manufacturing basis to well-known supermarket chains‚ fast-food outlets‚ pharmacies and department stores. Lately‚ Asia Paper Bag exports customized plastic carrier bags to Marks n Spencer and Boots Pharmacy in the United Kingdom. During the Asian financial crisis‚ Asia Paper Bag had
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called the SDLC‚ O – O analysis combines data and the processes that act on the data into thing called objects‚ while agile method are the newest development that uses prototypes and constantly adjusting them to user requirements. 2.) What is a CASE tool and what does it do?
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INTRODUCTION Hypertensive disorders of pregnancy‚ previously known as Pregnancy Induced Hypertension (PIH)‚ are high blood pressure disorders of pregnancy. It has long been one of the major problems for mothers in pregnancy‚ along with infection and postpartum hemorrhage. PIH is classified as gestational hypertension‚ mild preeclampsia‚ severe preeclampsia and eclampsia‚ depending on how far development advances. A woman is said to be preeclamptic when her blood pressure increases and shows protein
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