Rainfall Future Contracts Throughout the year‚ there are different seasons that could have several impacts on many industries. To be precise‚ the elements of weather can actually impact a company and how well they do during the different seasons of the year. Rainfall is a part of our life in some areas‚ almost daily‚ and others randomly‚ affecting every business in some sort of way. Although we can’t predict or control the weather‚ there is a way companies can hedge any losses that weather could
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OBLIGATIONS AND CONTRACTS REVIEWER TITLE I – OBLIGATIONS CHAPTER 1 GENERAL PROVISIONS 1156. An obligation is a juridical necessity to give‚ to do‚ or not to do. JURIDICAL NECESSITY – juridical tie; connotes that in case of noncompliance‚ there will be legal sanctions. - An obligation is nothing more than the duty of a person (obligor) to satisfy a specific demandable claim of another person (obligee) which‚ if breached‚ is enforceable in court. - A contract necessarily gives rise to an obligation
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Consideration in contract formation ------------------------------------------------- Top of Form Consideration is essential to the formation of any contract made without deed. It distinguishes a bargain or contract from a gift. Lush J in the case of Currie v Misa (1875) referred consideration consist of a benefit to the promisor or a detriment to the promisee as: “Some right‚ interest‚ profit or benefit accruing to one party‚ or some forbearance‚ detriment‚ loss or responsibility given‚ suffered
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REMEDIES FOR BREACH OF CONTRACT Failure of buyer to take delivery Section 44 states that‚ when the seller is ready and willing to deliver the goods and requests the buyer to take delivery‚ and the buyer does not‚ within a reasonable time after such request‚ take delivery of the goods‚ he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery‚ and also for a reasonable charge for the care and custody of the goods: Provided that nothing in this section shall
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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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Furrow et al. (2013) noted the physician-patient relationship is primarily an implied contract because a written contract is not standard practice for delivery of health care. According to O’Connor (2010)‚ the basis for medical negligence for physicians‚ is the physician-patient relationship‚ which can become a contractual relationship if all elements of a contract are present including an offer‚ an acceptance‚ and consideration. For example‚ when a patient contacts a doctor’s office for an evaluation
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the futures market hedges to prevent a loss in a business transaction‚ but also gives up: a. A sizable fee to the exchange b. The loss on the futures contract c. The opportunity to gain from a favorable turn in prices of the item d. The potential gain on the futures contract. 4. All the following are risks associated with futures contracts except: not good question a. Margin risk b. Basis risk c. Price risk d. Manipulation risk 5. What action would the holder of a maturing (expiring)
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ethical theories discussed in chapter 2 of Ethics for the information age‚ I would choose Social contract theory. While there is no single framework that I absolutely and wholeheartedly agree with‚ I believe integrating Social Contract theory for making my ethical decision making would yield the best interaction with society. I personally view general society as a united organism‚ and since Social Contract theory has a primary focus on stable and balanced societal attributes‚ universal use of that framework
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ESSENTIALS OF A VALID CONTRACT A valid contract has to have the following essential characteristics: * Proper offer and acceptance An offer to be valid must contain certain conditions such as it must intend to create legal relationship‚ its terms must be certain and unambiguous‚ it must be communicated to the person to whom it is being made. An acceptance to be valid must fulfill certain conditions such as it must be communicated by an authorized person before the offer lapses. *
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CONTRACTS OUTLINE Prof. Page – Contracts I – Fall 2011 |CONSIDERATION | - A legal contract only exists when there is an exchange – whether that’s a promise for a promise‚ performance for a promise‚ etc… this is called consideration. The promises/performance have to be influencing the other party to act/promise. *i.e. the ‘fuzzy coughdrop’ rule* i. RESTATEMENT
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