ELEMENTS OF A VALID CONTRACT: To be enforceable by law an agreement must possess the essential elements of a valid contract as laid down by Sec.10 of Contract Act in the following terms; ‘All agreements are contracts if they are made by the free consent of parties competent to contract‚ for a lawful consideration and with a lawful object‚ and are not hereby expressly declared to be void.’ Following are the conditions for validity of the contract in detail. 1. Offer and Acceptance: There must
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Offer and Acceptance Offer and acceptance are elements required for the formation of a legally binding contract‚ the expression of an offer to contract on certain terms by one person (the "offeror") to another person (the "offeree")‚ and an indication by the offeree of its acceptance of those terms. The other elements traditionally required for a legally binding contract are (i) consideration and (ii) an intention to create legal relations. Offer and acceptance analysis is a traditional approach
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ESSENTIALS OF A VALID CONTRACT A valid contract has to have the following essential characteristics: * Proper offer and acceptance An offer to be valid must contain certain conditions such as it must intend to create legal relationship‚ its terms must be certain and unambiguous‚ it must be communicated to the person to whom it is being made. An acceptance to be valid must fulfill certain conditions such as it must be communicated by an authorized person before the offer lapses. *
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2.1 Definition of Proposal/Offer Section 2(a) of the Contract Acts 1950 provides that: “when one person signifies to another his willingness to do or to abstain from doing anything‚ with a view to obtain the assent of that other to the act or abstinence‚ he is said to make a proposal”. Eg: Ali advertised in Malay Mails that he will give a reward of RM100 to anyone who finds his pet. He signified his willingness to do an act‚ which is to pay a reward‚ upon certain terms‚ with a view of obtaining
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Aspect of contract and business law Assignment 1: The requirements for a valid contract P1: Identify the legal criteria for offer and acceptance in a valid contract. In order for a contract to be legally binding‚ both parties must make an offer and an acceptance of that offer. An offer‚ by law it is generally presumed that in a commercial transaction‚ the contracting parties must have the intention to create a legally binding contract. This means that if they have signed a contract for business-related
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elements of a valid contract‚ explain what the objective theory of contracts is and define and explain how the objective theory of contracts applies to the Unit 3 IP. This paper will also explain why I think the court held that there was not a valid contract in the scenario of the unit 3 IP as well as explain why advertisements are generally considered not to be valid offers. The four elements of a valid contract are: * There must be an agreement in all vital conditions of the contract. *
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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 2. Contracts and Agreements 3. Offer/Proposal
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of Postal Acceptance Rule i. ‘Ad infinitum’ Justification Postal rule had existed almost for 200 years and the post had been creating problems for people which the courts are obliged to solve them logically. Why it had been creating so many problems for people and that we will be discussing later on. For now let’s look at the four main justifications for postal rule of acceptance. It came from Treitel and he believes that the four main justifications are for the creation of postal rule. First of
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Essential elements of a valid contract Introduction: In this part of my assignment I will be detailing what the different elements of a valid contract are whilst also linking it in with my own contract. The contract I have decided to use is my mobile phone contract from Vodafone. The offer: In contract law the offer is where a person will accept the invitation‚ for example in my contract the offer would be when I offer to bind into their contract and purchase a mobile phone deal‚ and this
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DYJR7EAdvertisements of Bilateral Contracts Are Not Usually Offers Case Coelho Vs The Public Services Commission 1. Brief Facts/ Case Summary The applicant‚ Mr Meredith Coelho was a health inspector under the town Board Tanjung Malim and he applied for the post of Assistant Passport Officer in the Federation of Malaya Government Oversea Missions as advertised in the Malay Mail newspaper dated 1957. The terms and conditions of the selection are as stated below: * Serving Assistant passport
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