A contract is an agreement between two or more parties to perform a service‚ provide a product or commit to an act‚ and is enforceable by law. There are several types of contracts‚ and each have specific terms and conditions. All contracts‚ whether verbal or written‚ must include specific components that will make them legally enforceable in a court of law. If any of the components are missing‚ the courts will consider the contract unenforceable. To be enforceable‚ a contract must be legally valid
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built on the doctrine of Stare Decisis ("stand by decided matters")‚ which directs a court to look to past decisions for guidance on how to decide a case before it. This means that the legal rules applied to a prior case with facts similar to those of the case now before a court should be applied to resolve the legal dispute. The use of precedent has been justified as providing predictability‚ stability‚ fairness‚ and efficiency in the law. Reliance upon precedent contributes predictability to the
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SECTION 2: THE AGREEMENT An agreement is the essence of every contract. The parties to a contract are the offeror (who makes an offer) and the offeree (to whom the offer is made). If‚ through the process of offer and acceptance‚ an agreement is reached‚ and the other elements are present (consideration‚ capacity‚ legality)‚ a valid contract is formed. KEY VOCABULARY Material: Subject (matter): Offeror: Offeree: Firm offer: Party (parties): Revoke: Entitled: Disclaim: WARM-UP QUESTIONS:
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difference between subjective and objective views of agreement. Identify which is used in English Law and why? Examine the relevant theories applicable to objective views on agreement. Look at the types of evidence that are used to make objective assessments and finally identify any exceptions to rule. When determining whether an agreement exists between parties we must look at the intentions of each party. It is possible to analyse the intentions of parties from either a subjective or objective viewpoint
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Binding Precedent The English Legal System is hierarchical whereby the decision of a higher court binds lower courts. The doctrine of binding precedent‚ stare decisis‚ (stand by things decided) is at the core of the legal system. The Superior Court is at the top of the legal pyramid and its decisions bind all lower courts‚ except on civil cases involving European law where the European Court of Justice is the court of last resort. Below the Superior Court‚ we have the Court of Appeal‚ and it is
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1. Abraham Maslow suggested that “a person who is lacking food‚ love‚ and self-esteem would most likely hunger for food more strongly than anything else.” Conversely‚ the novelist Dostoyevski wrote‚ “without a firm idea of himself and the purpose of his life‚ man cannot live even if surrounded with bread.” Give evidence that would lead you to support both statements. A person who lacks food‚ love and self-esteem would most likely hunger for food the most‚ simply because it is biological need in
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Assignment 2: Socioeconomics of Government Contracting Tyasheen Anderson Dr. Bonita Campbell LEG440 February 3‚ 2013 After reading the sample request for proposal‚ it has been determined that the proposal does not meet the government’s standard form for solicitation. A typical form is much lengthier than the provided sample; however the information provided is very straight to the point. It does specify the services they would like to have performed and does ask the bidder to provide
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Agreement Offer The offer must be communicated by the offeror or an authorised agent of offeror to offeree: Henthorn v Fraser However‚ it is not necessary for an offer to be made to a specific person or a class or group of people. An offer can be made to "all the world"‚ in which case the offeree is regarded as a member of the general public: Carlill v Carbolic Smoke Ball When an offer is made‚ the term of the proposed contract must be communicated to the offeree: Thornton v Shoe Lane Parking
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Shahil Patel English 4 Xu 6 May 2014 Foot Binding: The Price of Beauty Foot binding is the practice of wrapping the feet of younger girls to prevent further growth‚ usually tied to the Chinese culture. Around the 18th century‚ foot binding was viewed to be very erotic and appealing leading many women to partake in this action. After many objections and calls for reform the practice of foot binding died out. It is unfair to expect women to painfully bind their feet just to please men and
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In the short story “The Skating Party”‚ the main theme that evolves is that a person must learn to make decisions carefully because he/she will have to live with the consequences for the rest of his/her life. The central character‚ Nathan‚ cannot choose between the job he has always wanted‚ farming‚ and that of which he knows he is capable‚ teaching. Also‚ he has spent 30 years reliving the incident of his youth‚ which occurred at a skating party‚ contemplating the decision he made regarding
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