contract law agreement: objective test of intention to agree offer must be matched by other’s acceptance requirement of certainty of agreement parties have intention to create legal relations enforce promise: consideration promise is contained in a deed promissory estoppel (claimant has relied on defendant’s promise) reliance theory: consistent with the harm principle (prevent harm on others) restitution interest
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is defined in the following way; “A company incorporated under the Companies Act had legal personality only for the purposes laid down in its object clause. From this it was deduced that an act done by the company outside its object clause (an ultra vires act) was null and void. Neither the company nor the other contracting party (if the ultra vires act was the entering into of a contract) could sue upon the contract‚ nor could the ultra vires act be ratified by the shareholders‚ even unanimously
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Williams v Roffey was it fair or not? It is commonly accepted within the English Contract Law that the models of contractual fairness must exist in contractual disputes. Essential to these models is the doctrine of consideration and the principles that comes under the doctrine of consideration such as laws derived from both Williams v Roffey (1990) and Stilk v Myrick (1809). Starting with the development of the doctrine of consideration and the principles developed in Williams v Roffey and Stilk
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The Insurable Interest Doctrine: What is it? And What Does It Mean? Evan B. Sorensen‚ Esq. Kenne J. Zielinski‚ Esq. Tressler LLP The Insurable Interest Doctrine | 1 The Insurable Interest Doctrine: What is it? And What Does It Mean? While one cannot define an insurable interest with complete certainty or precision‚ in general it exists when the policy holder derives pecuniary benefit or advantage by the preservation or continued existence
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Partner From: Noelle Milburn Date: August 2‚ 2010 Re: Angela Woodside vs. Doyle Construction 1. Has Doyle Contractors breached its contract with Angela Woodside? Explain your answer fully. 2. Does Ms. Woodside have to wait until after April 1‚ 2008 to sue Doyle Contractors for breach of contract? Explain your answer fully. 3. Assuming a breach of contract has or will occur‚ what remedies does Ms Woodside have after the breach? 4. What defenses might Doyle Contractors raise in the event
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distinguished from offers because they contain no demonstration of present intent to form contractual relations. No contract is formed when prospective purchasers respond to such terms‚ as they are merely invitations or requests for an offer. Unless this interpretation is employed‚ any person in a position similar to a seller who advertises goods in any medium would be liable for numerous contracts when there is usually a limited quantity of merchandise for sale. An advertisement‚ price quotation‚ or catalogue
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PAPER – CONTRACT 1 Define contract. Explain the essentials of valid contract. A voluntary‚ deliberate‚ and legally binding agreement between two or more competent parties. Contracts are usually written but may be spoken or implied‚ and generally have to do with employment‚ sale or lease‚ or tenancy. 1. Essentials of a valid contract All agreements are not contracts. Only that agreements which is enforceable at law is a contract. An agreement which is enforceable at law cannot be contract. Thus
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DOCTRINE OF PART- PERFORMANCE AYUSHI AGRAWAL Aims and Objectives The aim of the project is to present a detailed study on the topic of ‘Doctrine of Part- Performance’ under the Transfer of Property Act‚ 1882. Sources of Data The following secondary sources of data have been used in the project- 1. Articles 2. Books 3. Websites Research Methodology The research work of this project is based on doctrinal method. Introduction Property is one of the most fundamental elements
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Fabrics Strayer University October 28‚ 2012 Ray Betzell and Chiu Wai’s perspective on Shui Fabrics Economy Ray general manager of the American company feels the disappointment of the low Return of Interest (ROI). In launching this business on Chinese soil there were many barriers from Chinese government. Economically the business venture is more advantageous to the Chinese government rather than the American business because of the high tariffs placed upon American companies
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1 Table of Contents Introduction .......................................................................................................................... 2 The Hierarchy of Courts in Mauritius .................................................................................... 3 The Judicial Committee of the Privy Council (JCPC) ........................................................ 3 The Supreme Court ................................................................................
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