3. Contract Law “Is My Agreement an Enforceable Contract?” The Law of Contract involves answering 4 questions: (1) Is my agreement an enforceable contract? Are all of the elements of a contract present. (2) If so‚ what does it require me (and the other party) to do? - What “promises” have become terms of the contract. (3) Can I get out of it (without paying some form of penalty)? - Was the formation of the contract defective in some way (ie were there any ‘vitiating elements’ present)
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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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be objectively determined that there was 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
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Contracts Cyril made two contracts. The first was to have his house painted one month from the date of the written contract. The second was for his neighbor’s 1957 Ford Thunderbird. Each contract was definite and clear in all respects. As to the house painting‚ Cyril inquired with the painter as to when the work could begin. The painter explained that he was extremely busy and was not sure if he could fulfill the contract. Cyril flew into a rage and immediately hired someone else
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Tutorial 5 1. Naeve Soh‚ a diploma holder enters into an employment contract with a company as an accounting assistant. The working hours are 8am to 9pm daily except for Sundays and Public Holidays. The pay is $2100 per month. The market rate for a similar job is $3700 and employees in similar jobs in other companies work generally only from 8 am to 6 pm. After working for two months Naeve Soh feels all this is very unfair and wants to challenge it. (a) Assuming there is no statute prohibiting
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Contract Questions Please answer BOTH questions. 1. Max‚ an improvised law student placed the following advertisement in the Law Student Gazette: "For sale - Treital - Law of Contact‚ £5" Brian telephoned Max but he was not at home and Celia‚ Max’s girlfriend‚ answered the telephone. Brian asked her whether it was the latest edition. She replied that it was not. Brian then said he would give £4 for the book and Celia replied that she was sure that was acceptable but
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when making calls • Getting extremely hot when it is on charge There are laws to protect consumers against scenarios like this. These include SOGA (The Sale of Goods Act) and SOGASA (The Sale of Goods and Services Act). Also‚ there is the Consumer Protection from Unfair Trading Regulations 2008. These were all made to protect the consumer after purchasing faulty goods or services. Also‚ there were implied terms in the contract you made when purchasing the mobile telephone which were included in SOGA
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Easybuy exports Judy Claymore Amar Dwarkasing Powisielaan #13‚ Suriname Kalpoeweg #10‚ Suriname Phone: 8906520 Phone: 8600365 Email: judyclay@msn.com Email: easybuy@hotmail
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CONTRACTS CONTRACT a meeting of minds between 2 persons whereby one binds himself‚ with respect to the other‚ to give something or to render some service (ARTICLE 1305) GENERAL PROVISIONS (Arts. 1305-1317) Distinguish an ordinary Contract: a.) from a Contract of marriage b.) from an obligation c.) from an imperfect promise d.) from a pact e.) from a stipulation a.) from a Contract of marriage ORDINARY CONTRACT 1. The parties may be 2 or more persons of same or different genders
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CONTRACTS Stages in the life of a contract: 1. Preparation/Generation 2. Perfection/Birth 3. Consummation/Death Characteristics of Contracts: (ROMA) 1. Relativity (Art. 1311) 2. Obligatoriness & Consensuality (Art. 1315) 3. Mutuality (Art. 1308) 4. Autonomy (Art. 1306) Stipulation pour Autrui - stipulation in favor of a 3rd party. Requisites: 1. The stipulation must be part‚ not whole of the contract; 2. the contracting parties must have clearly and deliberately conferred
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