The Law of obligations and contracts is a the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts. Obligation latin word obligation meaning tying or binding; Juridical necessity to give to do or not to do. Requisites of an obligation 1) Passive subject; debtor‚ obligor 2) Active subject; creditor or oblige 3) Object or prestation‚ subject matter of obligation 4) Juridical tie; efficient
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The common law view of pre-registration contracts was that the company did not exist for legal purposes until it had been formally incorporated (registered). This common law view resulted in company’s being unable to enter a binding contract until they had been registered. However "given the delays which can be encountered in the registration process‚ the promoter of a company may wish to enter into contracts `for’ the company prior to its incorporation" . An example of this may be a promoter
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AGREEMENT AND CONTRACT 1. Introduction Dear students‚ welcome to the lecture series on Business Regulatory Frame Work. Today we are going to discuss the Indian Contract Act 1872. Before I start my discussion on the contract‚ I would like to make you aware that the Indian Contract Act 1872 came enforced on the 1st day of the September 1872. It is applicable to whole of the country except the State Jammu & Kashmir. The course related to the law is designed to impart the knowledge to the student
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Topic: The Employment Relationship and Contract question Dan operated a business providing statistical analysis in the financial services sector. Eve and Fred have both worked for Dan for three years. They were both described as self employed and both paid tax as self employed persons. Dan provided their entire specialist computer equipment and software. Eve was required to work solely on the projects Dan provided and she had to attend Dan’s premises everyday 9am until 5pm. Fred on the
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Social Contract Theory Amber C. Brown AJS/532 September 2‚ 2013 Cyril Vierra Social Contract Theory The social contract theory was one that emerged in response to human enlightenment and civic awareness (Souryal‚ 2007). The theory was based on the belief that natural human existence without a binding contract among those who live together would create danger (Souryal‚ 2007). Without a contact people would not be secure in their property‚ rights or claims; fights would break out in which stronger
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E’s Suggestion and Outline Document The issue is whether E has made an offer to Palma. Invitations to treat are ‘offers to negotiate – offers to receive offers’.1 By contrast‚ an offer is made where it can be objectively determined that there was an intention by the offeror to be bound on acceptance.2 On the facts‚ it can be seen that E’s mere ‘suggestion’ of the differential pricing schemes was an expression of willingness to commence negotiations because the end of the trial was imminent. Given
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NBA contracts and incentives. Segment 2. Case study. Explicit incentives. NBA contracts and incentives: Introduction. As we have seen in class‚ sometimes the companies need to motivate their employees in order to achieve the goals that interest the company. As we know one of the best motivators (to achieve good things or correct bad things) is the money. The money moves the world‚ and in the sport and in specific the NBA is not an exception. We will explain the different
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Understanding the concept of contract is the important thing in answering this question.” A contract may be defined as an agreement between two or more parties that is intended to be legally binding”. This answer will highlight the main points to see the differences between an offer and an invitation to treat.” An offer may be defined as a statement of willingness to contract on specified terms made with the intention that‚ if accepted there will arise a binding contract”. On the other side‚ invitation
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MEMORANDUM TO: Dr. Doe FROM: Francis Stein‚ President Giant Drug Company DATE: 10th September 2013 RE: Consultation regarding contract Validity FACTS 1. On May 1‚ Doe signed and sent Stein the following letter: I will accept a position as vice-president in charge of research for a period of four years at a salary of $500‚000 per year. 2. On May 3‚ Stein received Doe’s letter and called Doe and stated: “Your salary request is too high. Will you reduce it to $300
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ACKNOWLEDGEMENTS First of all‚ I would like to say thank you express to all the lecturers for the course of Master of Science (Construction Contract Management)‚ especially my supervisor – Encik Norazam Othman‚ for their guidance during the writing of this master project. Without their supervision and advice‚ this project could not be completed on time. Secondly‚ I would like to express my gratitude to my dearest parents and brother for their support and advice during these few months. Not
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