Topic: The Employment Relationship and Contract question Dan operated a business providing statistical analysis in the financial services sector. Eve and Fred have both worked for Dan for three years. They were both described as self employed and both paid tax as self employed persons. Dan provided their entire specialist computer equipment and software. Eve was required to work solely on the projects Dan provided and she had to attend Dan’s premises everyday 9am until 5pm. Fred on the
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CONTRACTS Prepared by: Cleveland Sharpe American InterContinental University What is a Contract A contract is when two or more individuals make an written or oral agreement for legal consideration on a legal subject matter which is bound by law. Elements that Form a Contract Offer – when a party (offeror) indicates the willingness to enter into an agreement on certain specified terms. Acceptance – this is when the offeree agrees to the terms of the contract. Consideration – this is
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Contract Paper Danny Davidson sold a single family home to Paul and Priscilla Peterson. A long-term relationship between Danny and Paul is the basis for not including a written agreement. The simple contract was made orally and only included the legal object and the amount to be paid. Danny did not disclose a dispute with his neighbor over boundary lines or include information about a soil subsidence in the front yard he claims not to have known about. Contract Elements Four elements are necessary
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(2013) noted the physician-patient relationship is primarily an implied contract because a written contract is not standard practice for delivery of health care. According to O’Connor (2010)‚ the basis for medical negligence for physicians‚ is the physician-patient relationship‚ which can become a contractual relationship if all elements of a contract are present including an offer‚ an acceptance‚ and consideration. For example‚ when a patient contacts a doctor’s office for an evaluation and treatment
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full arrears and the return of the car. Nick can only succeed if he can prove there is no consideration. Consideration can be defined by Sir Frederick Pollock‚ approved by Lord Dunedin in Dunlop v Selfridge Ltd [1915] AC 847 where each party must give something in return from what is gained from the other party; ‘An act or forbearance of one party‚ or the promise thereof‚ is the price for which the promise of the other is bought‚ and the promise thus given for value is enforceable.’ The traditional
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PARENT/GUARDIAN DAYCARE CONTRACT I‚ ______________ (First Name)‚ am sending my child‚ ____________ (First Name)‚ to the daycare‚ Care for the gifted‚ for the amount shown at the end of this contract. The child is to attend the daycare on the weekdays of the period‚ _________________________________________‚ between hours 9AM to 5PM. I understand I may cancel at any time and that my money will be refunded in proportion to the days left (e.g. if a child leaves the daycare after attending 15 days
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Sean Coutorie GOVT 2301 June 25‚ 2013 Skipworth Coconut Wars The “Social Contract Theory” is a theory that without the unofficial introduction of morals of right and wrong‚ we would all be living in a world worse than that our homo-erectus ancestors inhabited in such a way that there would be no “we” but just our self interest in the desire to survive. There would be no groups‚ no tools‚ and no interactions other than that of violence
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valid contract is that the parties entering the contract are those who have the competency to contract. This is based on section 10 (1) of the Contract Act 1950 which states: “All agreements are contracted if they are made by the free consent of parties competent to contact‚ for a lawful consideration and with a lawful object‚ and are not hereby expressly declared to be void.” Competency refers to the capacity of being an adult‚ having a sound mind and not forbidden by law to enter any contract (e.g
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CONSIDERATION A. Legal Sufficiency 1. Adequacy 2. Unilateral Contracts 3. Bilateral Contracts 4. Illusory Promises a. Output and Requirement Contracts b. Exclusive Dealing Contracts c. Conditional Promises 5. Pre-existing Obligation a. Modification of a Pre-existing Contract b. Substituted Contracts c. Settlement of a Undisputed Debt d. Settlement of an Disputed Debt B. Bargained-For-Exchange 1. Past Consideration 2. Third Parties C. Contracts without Consideration 1. Promises to Perform Prior Unenforceable
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SYSTEMS‚ INC‚ INC. DATA PROCESSING AGREEMENT This DATA PROCESSING AGREEMENT is made and entered into as of the 1st day of August 2008 by and between Big Bank and Systems‚ Inc. In consideration of the mutual promises and covenants contained herein‚ the parties hereto agree as follows: 1. DATA PROCESSING SERVICES. Systems Inc. agrees to render to Big Bank the data processing services described on Exhibit "A" (the "Services") for the term of this Agreement‚ and Big Bank agrees to purchase the Services
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