Introduction For a contract to appear in the situation of the question‚ one of agent employed to do any act for another while one of principal which is represented in business transactions….. Issues Ian had been assigned to be in charge of an art gallery that owned by Sarah while she is away on a business trip. Ian understood that he cannot buy any item for the gallery without approval and cannot offer a discount on any displayed items without Sarah’s permission. While Sarah is away‚ Ian sold an
Premium Fiduciary Agency law Agency
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
Free Law Contract
A contract is a "promise" or an "agreement" that is enforced or recognized by the law‚ whether implied or expressed. There must be an agreement‚ which consists of an agreement‚ an intention to create legal relations‚ and consideration. A contract is said to come into existence when acceptance of an offer has been communicated to the offerer by the offeree. An offer is an expression of willingness to contract on certain terms‚ made with the intention that it shall become binding as soon as it is
Premium Contract
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
Premium Debt Money Bankruptcy
Analyse the major problems surrounding the pre-incorporation contracts and evaluate how fare these problems have been resolved by the provisions of section 36C of the Companies Act 1985‚ as amended by the Companies Act 2006. 1) what are pre-incorporation contracts 2) problems surrounding pre-incorporation contracts 3) how fare have these problems been resolved A company cannot enter into a contract before it exists as a legal person by being incorporated on its registration by the
Premium Contract Person Company
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
Premium Political philosophy Jean-Jacques Rousseau Law
EMPLOYMENT CONTRACTS type of contract definition permanent contract An employee who has been hired and paid directly by that employer for a position without a predetermined time limit. contract with employer period benefits yes without time limit all from employer yes time limit: date rarely‚ in NL all except pension in some cases yes time limit: date‚ task‚ project‚ by law (maternity leave f.e.) rarely yes time limit rarely no‚ work agency
Premium Employment Temporary work Employment agency
Hobbes and the Hypothetical Contract In dealing with the problem with political authority Thomas Hobbes proposes that state’s derive their power from a hypothetical social contract that is made between a government and its citizens. It attempts to solve the problem with political legitimacy and political obligation; the right to rule and the reason citizens obey those in power. Hobbes believes that the only way to get out of a wild and unjust “state of nature” is to collectively give up some of
Premium Political philosophy Thomas Hobbes Social contract
LAW204 - CONTRACTS Week 5 – Express Terms ___________ ** N.B. The main cases covered in lectures‚ containing MAIN RULES are highlighted in YELLOW! READINGS/LECTURE CHAPTER 10 – EXPRESS TERMS Introduction – Contents of a Contract? Express Terms: contain contractual promise and terms that are capable of being Incorporation by pre-contractual statement: Courts look at what the parties said Have these statements become express terms? Statements the court acknowledges: Irrelevant
Premium Contract Contract law
ESSENTIAL ELEMENTS OF A VALID CONTRACT: To be enforceable by law an agreement must possess the essential elements of a valid contract as laid down by Sec.10 of Contract Act in the following terms; ‘All agreements are contracts if they are made by the free consent of parties competent to contract‚ for a lawful consideration and with a lawful object‚ and are not hereby expressly declared to be void.’ Following are the conditions for validity of the contract in detail. 1. Offer and Acceptance:
Premium Contract Contract law