Question 1 The issue of this question is whether Scott and Kyle can bring legal action against Wayne for what they feel is a breach of contract. Under the law governing offer and acceptance‚ a valid offer has been made through an advertisement. In order for an offer to be accepted‚ the party must entirely accept the offer. The rules governing acceptance has to be positive not passive. Silence does not forms acceptance. The general rule of acceptance is that the acceptance must be received by
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30th May Thursday 11-12 (replacement) 1b) Negligence misrep – For this‚ the common law negligent misrep is followed- i.e. that is duty of care‚ “special relationship” ‚ breach of standard of care‚ causation‚ and remoteness. 1c) Duress is pressure exerted by one person to coerce (influence someone to do smth) another to contract on particular terms. The main types are duress of the person “actual or threatened violence or unlawful imprisonment”‚ duress of goods “wrongful detaining‚ damaging or
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if management thinks it’s warranted.” Profits remain high‚ but no bonus is paid. If the employees sue‚ would a court enforce the promise? The fact that a promise has been made does not mean the promise can or will be enforced. Under the common law‚ a primary basis for the enforcement of promises is consideration. Consideration usually is defined as the value (such as cash) given in return for a promise (in a bilateral contract) or in return for a performance (in a unilateral contract) Something
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However James informed him that he has sold the aluminium BMW lightweight motorbike and now he has only a racing motorbike available for sale for RM220‚000.00. Advise Dahari. (Total: 20 marks) Question 1 is about the law contract it entails issues regarding an invitation to treat (ITT)‚ the fact shows that James has placed an advertisement at the Star newspaper for the sale of his BMW motorbike. This is advertisement is not an offer‚ it had similar with the cases of
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refused to carry out it. The different point is case did not have the intention to create a legal relations‚ but Anthony’s case did. Therefore‚ the previous one is not binding‚ but the latter one is binding. The second condition is about the family law‚ there are two different cases and they happened between husband and wife. The first one is Balfour v Balfour (1919)‚ it states that the husband promised to give the wife maintenance payments‚ because he worked overseas. After reaching this agreement
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involve performance. These are the most important details in a contract and need to be addressed carefully. Question 3: The article points out that “any ambiguity in an agreement is construed against the party drafting it.” Is this fair? Explain. I think it’s fair if you include a provision stating that the agreement will be interpreted as if drafted by both parties equally. That way both parties are responsible. Question 4: What is an “integration” clause? What should it be included in a contract
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Sale of Goods Ordinance‚ Cap 26 shall apply in this case given the fact that the motorcycle seller sold the second hand motorcycle to Sam as a course of business‚ a legally binding contractual relationship for sale of goods was established although there was no information as to whether Sam bought the motorcycle was for business or private use. Besides‚ the car shall be defined as goods under (s.2(1)) of the aforesaid ordinance. The motorcycle seller was in breach of the implied conditions in
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MGMT 310 Hot Coffee Essay 3-31-13 Hot Coffee This film was very interesting to watch. It made me realize how many frivolous lawsuits that have occurred. The Stella Liebeck case was huge example. Yes I understand she suffered third degree burns and had to be hospitalized for a week or so to recover but it could have possibly been prevented. The right thing to do would be to be careful when handling the cup of hot coffee. The cup itself says to be careful and why would anyone put a cup of
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adequate steps to shut down such activities or investigate the extent of the employee’s violations of company policy. This is a very chilling opinion for employers to digest. Employer Promises re: Privacy 2. One of the most common questions from our business clients is whether their promises regarding email and other workplace privacy issues are legally binding. Not necessarily is the response we give. Usually‚ when an employer states a policy regarding any issue in the workplace‚ including privacy issues
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Charlie’s friends as their willingness to make the entry fee payment of $5 for the party. Therefore‚ I consider an offer was established. Another issue to consider is whether the offer been accepted. In Masters v Cameron shows that acceptance must be final and unqualified assent to terms proposed by Offeror. Charlie has accepted the offer of providing a “ride” and BBQ to his friends. Therefore‚ I think the offer has been accepted. A contract was formed with offer and acceptance fulfilled. However
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