October 20‚ 2013 Hartly & The Auto Dealer What do you think about this situation? Should parties to a sales contract be able to rescind a contract because of mutual mistake of fact? Why or why not? Did either party act unethically in this case? Why or why not? What application does the UCC have here? Finally‚ in the overall context of contract law‚ are there any winners or losers when a contract is rescinded based on mutual mistake of fact? Why or why not? In my studies of
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restrictive covenant in issue is void for contrary to public policy. The relevant legal principles are: A covenant must be no wider than is necessary to protect the legitimate interest of the employer. Attempting to stifle competition is impermissible and it is irrelevant that the employer taught the ex-employee everything he knows. The court area particular to prevent contracts‚ which seek to prevent an employee from practicing his livelihood. The courts have regard to three facts: - The period
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Offer and acceptance | Contract law | Part of the common law series | Contract formation | Offer and acceptance · Mailbox rule Mirror image rule · Invitation to treat Firm offer · Consideration | Defenses against formation | Lack of capacity Duress · Undue influence Illusory promise · Statute of frauds Non est factum | Contract interpretation | Parol evidence rule Contract of adhesion Integration clause Contra proferentem | Excuses for non-performance | Mistake · Misrepresentation
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Introduction Offer and Acceptance Introduction: For a contract to be legally binding there needs to be 4 ingredients: 1. Offer 2. Acceptance 3. Intention to create legal relations 4. Consideration Building on this‚ in order to prove that a contract is legally binding 5 things need to be proven: 1. That an agreement has been reached. This is usually done by demonstrating that one of the parties has made an offer which the other accepted. 2. The agreement has been expressed
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are the modes of acceptance recognised under the Contracts Act 1950 (Revised 1974) and common law. Support your answers with reference to decided cases. An acceptance must be communicated for it to be effective and valid. The mental assent of both parties is not required but the external manifestation should exist. The acceptor must dos something in order to notify his acceptance. For example‚ he should communicate his acceptance of the offeror. This can be illustrated
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In the given question the issue is whether there is a binding contract between Gerard and Reg. A contract can be defined as a voluntary assumption of obligation .In order to establish a contract there must be an offer followed by an acceptance. In order to see whether the parties have come to an agreement the court would look at the intention of the parties. Intention will be looked at objectively .In applying the objective test the courts consider whether the reasonable person in the other parties’
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Law assignment Name: Chang Jun Han Student ID Number: Identification card number : Group : Lecturer’s name: The issue in this case deals with invatition to treat ‚ offer ‚ counter-offer ‚ conditional acceptance and acceptance . It also deals with the elements of valid contract. General rule for a binding contract is an offer and an acceptance of the proposal. There must be effective communication to the proposer. It is very important to differeciate a proposal from an invitation to
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A man once said‚ "Acceptance is not defeat‚ it is understanding." Ernest Hemingway shows this incredibly well in his novella The Old Man and the Sea‚ where an old Cuban fisherman named Santiago suffers from a streak of bad luck. Santiago‚ for the 85th day without a catch‚ catches a marlin which tugs him out to sea for many a days‚ only for his catch to be eaten by sharks on his trip returning home to Havana. He returns‚ exhausted‚ only to find his young companion at his aid‚ which he responds to
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When doing a business‚ a contract is usually needed. Since a contract is an agreement‚ therefore‚ for a contract to exist‚ the parties must assent to the transaction. Assent usually takes the form of offer and acceptance. An offer is defined by Treitel as "an expression of willingness to contract on certain terms‚ made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed"‚ the "offeree". In addition‚ an offer is a statement of the terms
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OJT Acceptance Form July 12‚ 2013 This is to signify the approval of on-the-job training request allowing a fourth year student of Bachelor of Science in Information Technology‚ from the ACLC College of Gapan to render her practicum in Universal Robina Corporation-Agro-Industrial‚ located at Calumpang‚. Please be informed on the following details of her assignments. Job Title | Human Resources Department | Branch/Department/Section | RF 12 Human Resources | To report to | ACLC
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