What is the Function of a Social Contract? Philosophers have been concerned with the theories of a social contract for thousands of years. Plato mentions the concept in Crito and in Republic. These theories have stemmed from the concept of justice and for our society to be just. I will look at the works of Thomas Hobbes‚ John Locke‚ Jean Jacques Rousseau and finally with John Rawls after which a overall view into the function of a social contract can be derived as well as any problems with the theory(s)
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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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Payment‚ similar to consideration‚ is one of the four elements of a contract. Consideration is something of value in a contract or agreement between two parties. Both parties must be providing something of value to the other party. It is an act or promise to do (or not to do) something in return for value and the value given is enforceable. All the law need is ‘valuable consideration ’. For example‚ if Jack has offered to pay S$10 for a hammer worth S$100‚ that is considered valuable consideration
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Chapter 4: MODES OF EXTINGUISHING OBLIGATIONS a) By payment or performance b) Loss of the thing due c) Condonation or remission of the debt d) Confusion or merger e) Compensation f) Novation In addition: g) Annulment h) Rescission i) Fulfillment of a resolutory condition j) Prescription k) Death of a party in case the obligation is personal l) Mutual desistance m) Compromise n) Impossibility of fulfillment o) Happening of fortuitous events PAYMENT or PERFORMANCE
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CONTRACTS OUTLINE Prof. Page – Contracts I – Fall 2011 |CONSIDERATION | - A legal contract only exists when there is an exchange – whether that’s a promise for a promise‚ performance for a promise‚ etc… this is called consideration. The promises/performance have to be influencing the other party to act/promise. *i.e. the ‘fuzzy coughdrop’ rule* i. RESTATEMENT
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A PROJECT REPORT ON AN ANALYTICL STUDY OF DERIVATIVES IN FUTURES WITH REFERENCE TO UNICON SECURITIES Submitted in partial fulfillment for the award of the Master of Business Administration [pic] I‚ under signed here by declare that the project report entitled “AN ANALYTICAL STUDY OF DERIVATIVES IN FUTURES WITH REFERENCE TO UNICON SECURITIES”‚ and this project is submitted to XXXXXX‚ affiliated to XXXX‚ is drafted by me and is original work of my own.
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The importance of the essential elements required for the formation of a valid contract-explain (P1.1) A contract will be enforceable if it can satisfy some basic conditions. These type conditions are known as elements of essential for a valid contract. Every legal contract satisfies these conditions. Without satisfying these conditions a contract can’t be acceptable. That’s why for the formation of a legal contract satisfying the essential elements is very important. The importance of the essential
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THE SOCIAL CONTRACT THEORY The theory is as old as philosophy itself. It is of the view that persons’ moral and/ or political obligations are dependent upon a contract or agreement among them to form the society in which they live. The theory of a social contract is therefore a hypothesis explaining how society originates as well as the presumed relationships between its members‚ how they incur responsibilities and their rights. Early proponents of the social contract theory include; - Socrates
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FINAL DRAFT ON THE TOPIC OF IMPORTANCE OF INDEMNITY CONTRACTS INDEX S.No PARTICULARS PAGE.No 1. INTRODUCTION 5 2. ENFORCEMENT 8 3. INDEMNITY IN IPR 10 4. REASONS FOR NOT GIVING INDEMNITY IN IPR 12 5. FINDINGS 13 6. CONCLUSION 14 TITLE – IMPORTANCE OF INDEMNITY CONTRACTS OBJECTIVE- TO FIND OUT THE RELEVANCE OF INDEMNITY CONTRACTS IN INDIA AND OTHER COUNTRIES THROUGH PROPER ANALYSIS SCOPE – IT IS A DOCTRINAL RESEARCH INTRODUCTION The concept of indemnity is based on a contractual
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