unknowingly enter into series of contracts. This may be in the form of purchasing an article from a shop or by purchasing a railway ticket or by numerous ways. In modern societies‚ because of increasing complexity‚ there has been a practice of concluding contracts in standard form. One such instance of a standard form of contract is contract of insurance. Thus‚ standard form of contracts are those kinds of contracts were parties do not sit together to bargain the terms of the contract. One problem that is likely
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does not amount to misrepresentation‚ how if‚ it is to a known defects? Discuss by using case law to support your answer. Misrepresentation is defined as a false statement of existing facts or laws‚ which materially induces the misled party to enter into the contract. This is a pre-contractual statement‚ which is not part of the contract. However‚ these non-contractual statements can be classified as mere puffs (sales talk) or misrepresentations. For a misrepresentation to be actionable‚ the
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there is binding contract between the two parties‚ Baldcure Ltd. and Gary Knudenut‚ and consequently whether Gary can sue under that contract. Rule A contract is a legally enforceable agreement between two or more parties. To be valid‚ a contract must comprise of the following elements: - agreement (offer + acceptance) - intention - consideration - capacity to contract - consent - legality In order to establish whether there is a binding contract between Gary and
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Misrepresentation Step 1. Determine whether the meaning of the representation is false or not – objective test Step 2. Three possibilities of a misrepresentation: 1) It is a term of the contract; 2) It constitutes a collateral contract; 3) Does not acquire contractual status at all. Step 3. Results: 1) Rescission of the contract; 2) Damages in tort (if the tort of deceit or the tort of negligence can be made out) Smith v Lane & House Property Corp This case deals with the situation
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THE INDIAN PENAL CODE PROJECT Submitted in Partial Fulfilment of the B.A. LL.B. (H)‚ Fifth Semester Mistake of Fact vis-à-vis Mistake of Law SUBMITTED BY: (GROUP: ) SUBMITTED TO: AANCHAL SINGH (661) Dr. SACHIV KUMAR ABHILASH KALLA
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"The formation of a contract is not to be confused with its legal enforceability" Discuss. A contract is put in place to provide a legal link between each party. Therefore it is important to understand on how a contract is formed and what are the steps and requirements to make sure the contract stays legally enforceable. In order for a contract to exist‚ there are four key elements to it. An offer must firstly be made by the offerer‚ followed by the acceptance of the offer by the offeree. Considerations
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Contracts Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class‚ I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach
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AB107 Business Law Written Assignment Advise whether the terms of the Licence Agreement apply and whether the Exclusion of Liability clause is valid and effective in protecting UcanB007 from liabilities. [pic] The foremost issue pertaining to this case is that of whether the terms of the License Agreement are part of the contract between Ah Siong and UcanB007‚ and hence the enforceability of the terms should Ah Siong decide to sue UcanB007 in contract for his losses. Due to the nature of this
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Part A For a contract‚ it is necessary to decide what the parties have agreed‚ otherwise it is not possible to know whether the parties have done what they contracted to do. However‚ not all the statements made during negotiations are contractual terms. Therefore‚ here to discuss terms of the contract. Terms of the contract According to James (2010)‚ the terms of the contract are the specific details of the agreement‚ including each party’s rights and obligations. Broadly speaking‚ there are
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LAW3201 Foundations of Business Law Topic 2: LAW OF CONTRACT (Offer) Readings: Lee Mei Ping‚ General Principles of Malaysian Law‚ 5th Edition‚ 2005‚ Oxford Fajar Sdn Bhd Abdul Majid‚ Krishnan Arjunan‚ Business Law in Malaysia‚ 2005‚ Lexis Nexis Malayan Law Journal Beatrix Vohrah‚ Wu Min Aun‚ The Commercial Law of Malaysia‚ 2nd ed.‚ Longman‚ 2000 Malaysian Contracts Act 1950 (http://www.agc.gov.my/) law of Malaysia/numerical table of laws/Act 1136 Contents: 1. Introduction
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