cNATIONAL ECONOMICS UNIVERSITY‚ HANOI BTEC HND IN BUSINESS AND MANAGEMENT ASSIGNMENT COVER SHEET | | |NAME OF STUDENT |Pham Thi Thuy Trang | |REGISTRATION NO. |1013103214 | |UNIT TITLE |Common Law
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Genuine Consent For contract to valid ‚ both party must genuinely consent ‚ or agree to the contract 1. Unconscionability 2.Duress 3.Undue Influence 4.Mistake 5.Actionable Misrepresentation * Unconscionaboility ( extremely unfair ): Both pt need to have equal power BUT Only 1 pt has superior bargaining power . The other pt has special disability and pt enter to the one-sided ‚ take it or leave it ‚ unfair -- the court decide the contract was unconscionable ( unfair) ++ Special disability
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The four basic elements of a valid contract are agreement‚ consideration‚ contractual capacity‚ lawful object. Objective theory of contracts is intent to enter into a contract. An example of this would be going to a car lot and say I will give you 5‚000 for this use car. This is a valid contract offer. I intend on purchasing the used car if the car lot is willing to sell the car for 5‚000. In the case of Pepsi vs. John Leonard objective theory doesn’t apply. Pepsi wasn’t truly offering the Harriet
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University of Phoenix Material Mentoring Agreement Form We are both voluntarily entering into this mentoring partnership. We wish this to be a rewarding experience‚ spending most of our time discussing developmental activities and topics. We agree that… 1. The mentoring relationship will last for at least the duration of the LDR/531 course. 2. We will meet at least once a week. Meeting times‚ once agreed‚ should not be canceled unless this is unavoidable. At the end of each meeting‚ we will
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FORM OF CONTRACT (Arts 1356-1358) 1. What is the form of a contract in order that it will of obligatory force? (Art. 1356‚ CC) GENERAL RULE: Whatever may be the form in which a contract may have been entered into‚ the general rule to 1356 of the Civil Code‚ is that it shall be obligatory provided all of the essential requisites for its validity are present. EXCEPTIONS: 1) When the law requires that the contract must be in a certain form in order to be valid; and 2) When the law requires that the
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Assignment 1 – Understanding the legal requirements for a valid contract The essential elements for a contract‚ who apply in all cases‚ are: 1. Offer- made by offeror to the offeree ‚ it is very important to distinguish this from invitation to treat ( which invites offers to be made) 2. Acceptance – Offeree accepts the offer that has been made. Rolls Royce Car 3. Consideration- Something of value passes between the two parties e.g.: A
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2(h) of the Indian Contract Act‚ 1872 defines a contract as an agreement enforceable by law. Section 2(e) defines agreement as "everypromise and every set of promises forming consideration for each other." Section2(b) defines promise in the word: "When the person to whom the proposal ismade signifies his assent thereto‚ the proposal is said to be accepted. A proposalwhen accepted becomes a promise." From the above definition of promise‚ it is obvious that an agreement is anaccepted proposal
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Independent ContraCtor’s agreement Independent contractor—subject to the terms and conditions of this agreement‚ the company (Road Runners Delivery Service) hereby engages the contractor as an independent contractor to perform the services set forth herein‚ and the contractor hereby accepts such engagement. Duties‚ terms and compensation—The contractor’s duties‚ are as follows: The contractor agrees to pick up from local restaurants all orders and to deliver them in a timely and efficiently manner
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CONTRACTS IN BUSINESS On the 10th of September an offer was distinguished between Huddersford Electronics Ltd (HE ltd) and Gem Computer Stores (GCS). The offer was an invitation to treat as there is an entitlement that an offer could accepted and therefore‚ a contract could be formed. An offer is formed as HE ltd posted an offer to sell 10 laptops to GCS‚ keeping the offer open until the 24th September. A statement is made by HE ltd who is giving information to GCS expressing an intention to sell
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Contractual terms in a standard form contract and the impact of statutes on these terms P4: Describe the meaning of terms. P5:Explain the effect of terms. Task Using the Vodafone contract prepare a briefing sheet describing how statutes affect contractual terms. You should include the following: A description of express terms A description of implied terms Identify and describe the statutes and regulations affecting contractual terms (Remember to illustrate your answer with examples
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