11 NATURE AND CLASSES OF CONTRACTS CHAPTER OUTLINE A. NATURE OF CONTRACTS 1. DEFINITION OF A CONTRACT general rule. A contract is a legally binding agreement. Stated another way, "a contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty." (Restatement, Contracts, 2d) study hint. The essence of a contract is that (1) by mutual agreement (2) parties create obligations that can…
Agreement Offer The offer must be communicated by the offeror or an authorised agent of offeror to offeree: Henthorn v Fraser However, it is not necessary for an offer to be made to a specific person or a class or group of people. An offer can be made to "all the world", in which case the offeree is regarded as a member of the general public: Carlill v Carbolic Smoke Ball When an offer is made, the term of the proposed contract must be communicated to the offeree: Thornton v Shoe Lane Parking…
A contract is a legally binding agreement or relationship that exists between two or more parties to do, or abstain from performing certain acts. A contract can also be defined as a legally binding exchange of promises between two or more parties that the law will enforce. For a contract to be formed an offer made must be backed with an acceptance of which there must be consideration. Both parties involved must intend to create legal relation on a lawful matter which must be entered into freely and…
LEASE AGREEMENT This lease agreement, is made on the day of December 21st, 2012. Alectra Ltd. Company, incorporated under the relavant law of Bangladesh, having its registered office at house no. 96/1, Road no.15, Gulshan, Dhaka. (hereinafter referred to as “lessor”) Muktadir Khan, son of Faysal Khan, having his permanent address at house no. 46/2, Alauddin Road, North Badda, Dhaka. (hereinafter referred to as ‘leasee”) WHEREAS, the leasee is a company, carrying a business of electronic goods…
Indian Contract Act states that, "every promise on every set of promises forming the consideration for each other an agreement. An agreement is a form of cross reference between different parties, which may be written, oral and lies upon the honor of the parties for its fulfillment rather than being in any way enforceable. It is also a fact that an agreement is a proposal and its acceptance, by which two or more person or parties promises to do abstain from doing an act. But a contract according…
LAW OF CONTRACT The Law of Contract is that branch of law which determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties. Indian Contract Act, 1872 came into effect from 1st September, 1872. It extends after…
All Blocks Maximum Marks: 100 Attempt all the questions 1. Explain in detail four of the main multilateral environmental agreements with trade provisions. (20) 2. “All contracts are agreements but are agreements are not contracts”. Comment upon the statement, with suitable illustration. (20) 3. Differentiate between the following: (a) Domestic and foreign environments (b) Classical theory and Neo Classical theory of International trade (10+10)…
A contract is a legally binding agreement or relationship that exists between two or more parties to do or abstain from performing certain acts. A contract can also be defined as a legally binding exchange of promises between two or more parties that the law will enforce. For a contract to be formed an offer made must backed acceptance of which there must be consideration. Both parties involved must intend to create legal relation on a lawful matter which must be entered into freely and should be…
distinguish between persons that are employed and self-employed? How do the relevant bodies approach the problems of distinguishing between the two? It is important to Employment law to know who is an employee and who is an employer for the purposes of claiming unfair dismissals and statutory redundancy. The Employment Rights Act (ERA) of 1996 defines an employee as “an individual who has entered or works under (or, where the employment has ceased, worked under). The ERA defines ‘contract of employment’…
Contracts A contract is an agreement that exists between two individuals or entities. It gives them the right to either do or cease from performing a specific duty. There are various conditions of contract performance that should be enforced and they include: the two parties involved must both comprehend becoming a component of the contract due to their presence by proposition. The two parties must both complete an existing course before becoming liable to the other. Concurrency must be applied by…