CONTRACT & AGENCY LAW END-OF-COURSE ASSESSMENT JULY 2012 PRESENTATION Submission Date : 08 Sept 2012 Question 1: Legal issues: As there are different parts to “Clause 8” in the employment contract which Julia as an employee has signed with Calypso Private Limited‚ we shall examine four separate legal issues. The first legal issue is whether Calypso is able to enforce part (a) of Clause 8 which states that Julia shall not be directly or indirectly
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Contract law serves as your protection in every legal agreement you make in life. Contract law makes these agreements "enforceable"‚ which usually means that it gives the party the power to compensate and obtain money damages caused by the other party due to a breach of contract. The contract itself creates an obligation or duties to do and rules to follow by both parties if either of the party fails to follow the agreement‚ remedies can be provided by law if the contract is legal and has the essential
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Topic 2: LAW OF CONTRACT (Offer) Readings: Lee Mei Ping‚ General Principles of Malaysian Law‚ 5th Edition‚ 2005‚ Oxford Fajar Sdn Bhd Abdul Majid‚ Krishnan Arjunan‚ Business Law in Malaysia‚ 2005‚ Lexis Nexis Malayan Law Journal Beatrix Vohrah‚ Wu Min Aun‚ The Commercial Law of Malaysia‚ 2nd ed.‚ Longman‚ 2000 Malaysian Contracts Act 1950 (http://www.agc.gov.my/) law of Malaysia/numerical table of laws/Act 1136 Contents: 1. Introduction 2. Contracts and Agreements
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NOTES FOR THE CHARTERED INSTITUTE OF BUILDING AN INTRODUCTION TO CONTRACT LAW OR (GETTING IN AND OUT OF A CONTRACT) Thursday 14 June 2012 by Keith Blizzard‚ Partner‚ Shakespeares Legal LLP BSc(Hons) DipArb FRICS FCIOB FCIArb FFB MEWI Chartered Quantity Surveyor‚ Chartered Builder‚ Chartered Arbitrator‚ Panel Adjudicator‚ Accredited and Panel Mediator‚ Forensic Surveyor and Lecturer Somerset House Temple Street Birmingham B2 5DJ t 0121 237 3000 d 0121 631 5221 f 0121 237 3030 e keith
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What are the defenses to a breach of contract? If someone is accused of breach of contract‚ there are a number of defenses available to argue that a contract should not be enforced. If any of the basic contract elements are missing‚ or if the contract was made with someone of diminished capacity or for illegal purposes‚ a contract can be unenforceable. Some other examples of potential defenses to enforcement of a contract are mutual or unilateral mistake‚ duress or undue influence‚ unconscionability
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Contents 1 Introduction to derivatives 1.1 Derivatives defined . . . . . . . . . . . . . . . . 1.2 Products‚ participants and functions . . . . . . . 1.3 Derivatives markets . . . . . . . . . . . . . . . . 1.3.1 Spot versus forward transaction . . . . . 1.3.2 Exchange traded versus OTC derivatives . 1.3.3 Some commonly used derivatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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the obligation is monetary‚ by delivery of the money in full. b. If it is a thing or an object‚ by delivery of the thing or object. c. If to do something‚ by the performance of the same undertaking. d. If not doing a thing‚ to desist or refrain from doing the thing. Requisites of payment a) The thing or service must be delivered or rendered. b) Payment should be complete. Incomplete compliance or partial performance considered payment a) Substantial performance in good faith‚ minus or less
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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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Rousseau: The Social Contract In Book I of the Social Contract‚ Rousseau suggests that towards a certain stage in the state of nature‚ people feel the need to bind themselves to one another. Individuals bind themselves to a larger community and form a social contract. Rousseau’s main argument in Book I is that the community that is formed by the gathering of individuals is not simply an aggregation of the interests of all the individuals that form it. It is a distinct entity –in a way‚ a distinct
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Contract costing is a type of a specific order costing: Contractor costing is generally used for the works of constructional nature such as civil engineering works etc.‚ Each contract is considered as a separate unit of cost and a separate account is kept for each individual contract. The special features of contract costing are as detailed below: Materials: The materials purchased directly or issued from the stores or transferred from other contracts are recorded on the debit side of the
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