Contract Law Cases The Offer Meeting of minds: Clarke v Earl of Dunraven and Mount Earl: Yacht races. Letters sent in Communication (in writing‚ speech and conduct): Carlil v Carbolic Smoke Ball Co: pay back 100 if you get influenza. Deposit 1000 The Acceptance: Strictly in response to
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CHAPTER 2: Nature and Effects of Obligations Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family‚ unless the law or the stipulation of the parties requires another standard of care. (1094a) 3 kinds of prestations in obligations: • To give real (there is some physical thing which may be the subject of possession‚ the delivery of which completely discharges the obligation) • To do • Not to do
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The Islamic Republic of Pakistan came into being on August 14‚ 1947. Pakistan has a strategic location in South Asia‚ surrounded by India‚ China‚ Afghanistan and Iran. Pakistan has a total area of 803‚940 sq. km and an estimated population of 170 million. Pakistan is a federation‚ with four federating units‚ called Provinces‚ namely‚ Punjab‚ Sindh‚ North-West Frontier Province (NWFP) and Baluchistan. The capital is Islamabad‚ and the tribal belt adjoining the NWFP is managed by the Federal Government
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The existence of contract law is to prevent any sort of illegal behaviour‚ injustice and to clarify any confusion or misunderstanding amongst the offerror and the offeree. Everybody in this world is an offeree as we all purchase goods and services to meet our personal needs and if our expectations are not met‚ there is a problem which is why the contract is created for both parties to follow. However‚ if either of them fails to do so‚ then they are in breach of contract and the aggrieved party has
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the price for which the promise of the other is bought‚ and the promise thus given for value is enforceable.’ The traditional definition in Currie v Misa (1875) LR 10 Ex 153; (1875-76) LR 1 App Cas 554 has been criticised where ‘a valuable consideration‚ in the sense of the law‚ may consist either in some right‚ interest profit or benefit accruing to the one party or some forbearance‚ detriment‚ loss or responsibility‚ given‚ suffered or undertaken by the other’. Due to Angela falling ill‚ Nick
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her shopping trolley. Has a contract been made between Tesco Store and Belinda at this point? Give reasons for your answer. An offer is an expression of willingness to contract on a specific set of terms‚ made by the seller with the intention that‚ if the offer is accepted‚ he or she will be bound by a contract. Both offer and invitation to treat are totally different. Invitation to treat is an invitation for other people to submit offers. Some everyday situations that we might think are offers
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elements of a contract. Consideration is something of value in a contract or agreement between two parties. Both parties must be providing something of value to the other party. It is an act or promise to do (or not to do) something in return for value and the value given is enforceable. All the law need is ‘valuable consideration ’. For example‚ if Jack has offered to pay S$10 for a hammer worth S$100‚ that is considered valuable consideration. There are three types of consideration in law: executory
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2nd of feb CASES MALLIK V BCC: Malik and Mahmud v Bank of Credit and Commerce International SA [1997] UKHL 23 is a leading English contract law and UK labour law case‚ which confirmed the existence of the implied term of mutual trust and confidence in all contracts of employment. Facts: Mr Malik and Mr Mahmud both worked for the Bank of Credit and Commerce International. BCCI went insolvent due to massive fraud‚ connection with terrorists‚ money-laundering‚ extortion and a raft of other criminal
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Understanding Contracts Sultan Shabazz September 29‚ 2013 International Legal and Ethical Issues in Business‚ Sunday‚ 10:00 p.m. American InterContinental University Professor Jarrod Burch Certification of Authorship: I certify that I am the author of this paper and that any assistance received in its preparation is fully acknowledged and disclosed in this paper. I have also cited any sources from which I used data‚ ideas‚ words‚ either quoted directly or paraphrased. I
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an intention by the offeror to be bound on acceptance.2 On the facts‚ it can be seen that E’s mere ‘suggestion’ of the differential pricing schemes was an expression of willingness to commence negotiations because the end of the trial was imminent. Given the scale of the proposals in both length and cost‚ it could not be established‚ by applying an objective test‚ that the offeree could reasonably construe a mere ‘outline’ document as an offer‚ that is unless its substance proved otherwise. Secondly
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