Contract between MAANO TECHNICAL SERVICES CC (Builder) Represented by Mr. Herman Lukas And Mr. Joao de Sousa Satata (Client) Represented by Mr. Zenildo Calueto For THE CONSTRUCTION OF AN OUTBUILDING AT ERF 1387‚ MOUNTAIN THORN STREET‚ DORADO PARK‚ WINDHOEK – NAMIBIA. CONTRACT BETWWEN THE OWNER AND THE BUILDER CONTENTS SECTION 1. Articles of Agreement. SECTION 2. General Information. SECTION 3. Standard Conditions of Contract. Section 1 ARTICLES OF AGREEMENT ARTICLES OF
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WEEK 3 – THE FORMATION OF CONTRACTS Apply Your Knowledge (EXERCISE 4 – CONTRACT OR NOT?) Review the essential elements of a valid and enforceable contract and decide whether a valid‚ void or voidable contract has been formed in each of the following situations. Provide a legal explanation for your decision. 1. Last year‚ Smith‚ the owner of a retail business‚ in an attempt to reduce employee absenteeism due to illness‚ offered to give any employee who quit smoking for a year a $500
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the Magistrate’s Court and the Sessions Court Magistrate’s Court: * Hear all civil matters of which the claim does not exceed RM2500 generally in criminal matters‚ the Magistrate’s court have power to try all offences od which of the maximum terms of imprisonment does not exceed 10 years or which are punishable with fire only but may pass sentences not exceeding 5 years imprisonment‚ fire not exceeding RM10‚000 and/or whipping up 12 strokes * Also hear appeals from the penghulu’s court
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LAW204 - CONTRACTS Week 5 – Express Terms ___________ ** N.B. The main cases covered in lectures‚ containing MAIN RULES are highlighted in YELLOW! READINGS/LECTURE CHAPTER 10 – EXPRESS TERMS Introduction – Contents of a Contract? Express Terms: contain contractual promise and terms that are capable of being Incorporation by pre-contractual statement: Courts look at what the parties said Have these statements become express terms? Statements the court acknowledges: Irrelevant
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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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UNFAIR CONTRACT TERMS ACT Section 1 (3) In the case of both contract and tort‚ sections 2 to 7 apply (except where the contrary is stated in section 6(4)) only to business liability‚ that is liability for breach of obligations or duties arising from things done or to be done by a person in the course of a business (whether his own business or another’s)‚ and references to liability are to be read accordingly. Section 2 (1) A person cannot by reference to any contract term or to a notice given
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therefore contract terms. The team also weighed the cost of new machines against capital for inventory and interest rates‚ evaluating the return on investment and the impact a new machine had on lead times. Using this consideration set‚ team Honeybadgers purchased one tuning machine‚ one stuffing machine‚ and changed the contract terms on ten occasions. Ultimately‚ the team placed 5th. ------------------------------------------------- Actions & Analysis Changing Contract Terms: A 7 day
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MIND MAP 3. Formation of a contract A legally enforceable contract must have 3 elements: 1. Agreement 2. Intention to be legally bound 3. Deed or consideration State clearly: What is being bought/sold? Price payable? Was there an OFFER and ACCEPTANCE? NOTE: Offer + Acceptance = Agreement Judged objectively reasonable person test What sort of agreement is it? Domestic not binding Commercial binding NOTE: Presumptions are rebuttable. Is
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FINAL DRAFT ON THE TOPIC OF IMPORTANCE OF INDEMNITY CONTRACTS INDEX S.No PARTICULARS PAGE.No 1. INTRODUCTION 5 2. ENFORCEMENT 8 3. INDEMNITY IN IPR 10 4. REASONS FOR NOT GIVING INDEMNITY IN IPR 12 5. FINDINGS 13 6. CONCLUSION 14 TITLE – IMPORTANCE OF INDEMNITY CONTRACTS OBJECTIVE- TO FIND OUT THE RELEVANCE OF INDEMNITY CONTRACTS IN INDIA AND OTHER COUNTRIES THROUGH PROPER ANALYSIS SCOPE – IT IS A DOCTRINAL RESEARCH INTRODUCTION The concept of indemnity is based on a contractual
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Q&A 2 Certainty of terms and intention Introduction Contractual certainty If businessmen are often not overly-concerned with the niceties of offer and acceptance it follows that their contracts may not be all-embracing and complete in every respect. The parties may have reached an agreement in principle and then prefer to rely on experience from previous dealings‚ business practice and goodwill. The law’s overall policy is to uphold bargains wherever possible and although businessmen tend to
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