ESSENTIAL REQUISITES OF CONTRACTS Article 1318. There is no contract unless the following requisites concur: 1. Consent of the contracting parties; 2. Object certain which is the subject matter of the contract; 3. Cause of the obligation which is established. Article 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must be certain and the acceptance absolute. A qualified acceptance
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Damages and Breach of Contract This paper aims to discuss and examine the case law‚ Wrotham Park Estate Co Ltd v Parkside Homes Ltd. and analyse the reasons why Brightman J in this case believe that there will be unjust if the nominal sum is awarded to the plaintiffs. The measure of damages (restitution interest/remedy(remedy Campbell‚restitution for breach of contract) and damages in lieu of injunction will also be explained. Furthermore‚ the relevant case laws will be included. Before considering
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Employees work directly for the company or with another person and it either the employer or manager. An independent contractor for a company or someone else may work with multiple or with self-business‚ and accept direction‚ but this factor has ultimately more control over the work she/he accepts‚ and how‚ when‚ and where it is produced. Employees often stay with one employer for a long period of time‚ whereas an independent contractor is usually only working for the company on a single project
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09811599587 THE INDIAN CONTRACT ACT‚ 1872 CHAPTER 1- NATURE 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
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contention set forth in this paper is that there are alternative factors driving integrative bargaining. Exploration of this theory begins with an analysis of whether integrative bargaining is driven by the interjection of equity principals into what was traditionally a law driven enterprise‚ that of negotiation. It is argued that the stability of contract which results from an earlier application of equitable principals in the negotiating process is just as crucial to integrative bargaining as the
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Rousseau’s The Social Contract Jean-Jacques Rousseau’s The Social Contract‚ or Principles of Political Right (1762) is an analysis of the contractual relationships which may be necessary for legitimate government‚ and is an explanation of how these relationships may combine principles of justice and utility. Rousseau argues that civil society is based on a contractual arrangement of rights and duties which applies equally to all people‚ whereby natural liberty is exchanged for civil liberty‚ and
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to the contracts between Grocery‚ Inc. and its vendors? Do common law contracts apply? Explain your answer in detail. Your answer should compare and contrast law contracts and UCC Article 2 contracts. The Uniform Commercial Code (UCC) Article 2 applies only to contracts for the sale of goods. The definition of goods is defined as goods that are tangible‚ movable‚ or personal property. However‚ UCC Article 2 does not apply to real estate contracts or employment contracts. Common law contracts are for
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Mojados Ya No Son Indocomentados1 The “Support and Pass the Dream Act” article was published by the California Dream Act Network (California Dream Network) in 2011 on the change.org website. The authors use a mixture of elements to draw in the reader’s attention. The Dream Act is not a just a law trying to be passed but also serves as a life changing act that plays into the lives of young Hispanic Latinos raised in California. Citizens from all over California have come together to make statement
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fruit juice‚ vegetables‚ stationary and 2 dresses. She puts these items into her shopping trolley. Has a contract been made between Tesco Store and Belinda at this point? Give reasons for your answer. An offer is an expression of willingness to contract on a specific set of terms‚ made by the seller with the intention that‚ if the offer is accepted‚ he or she will be bound by a contract. Both offer and invitation to treat are totally different. Invitation to treat is an invitation for other people
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In order to apply the Equal Pay Act there are four criteria that need to be met. They are; Equal Skill‚ Equal Effort‚ Equal Responsibility‚ and Similar Working Conditions. According to the article titled An Analysis of the Equal Pay Act‚ “Equal Skill constitutes the performance requirement of the jobs under consideration‚ not the skills which are unnecessary for the job but which an employee might possess.” Examples of the skills that are under consideration are experience‚ training‚ education‚ and
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