way as to be able to affect the principal ’s legal position in respect of strangers to the relationship by the making of contracts or the [sale or purchase] of property." So‚ an agent is someone who represents another‚ called the principal‚ in dealings with third persons. Agency is therefore an exception to the general rule of contract law that only the parties to a contract are bound by it. Examples: a director for his company‚ a solicitor for his client Distinguish from other situations
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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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Overview‚ Part Two Procurement and Contract Law Procurement Law Overview‚ Part Two Payments under Fixed-Price Construction Contract clause permits the government to partially compensate contractors for supply and services which have been accepted by the Government‚ as long as the contractor demand it and the sum is no less than $1‚000 or 50% of the full contract amount. These interim payments diminish the contractor needs to finance expenses to fulfill the contract. As permitted by the Contracting
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LAWS1017 – CONTRACTS I – CASE SUMMARIES SESSION ONE – 2004 1 OFFER Gibson v Manchester City Council Carlill v Carbolic Smoke Ball Co MacRobertson Miller Airline Services v Commissioner of State Taxation Australian Woollen Mills Pty Ltd v Commonwealth Offers distinguished from Invitations to Treat Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd Revocation of an Offer Goldsborough‚ Mort & Co v Quinn Mobil Oil Australia Ltd v Wellcome International Pty Ltd ACCEPTANCE Relationship
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LAW OF CONTRACT Thursday 9:00 Summer Term‚ 2014 Lecturer and Module Co-ordinator: John Halladay Texts: Poole‚ Textbook on Contract Law McKendrick‚ Contract Law Casebook: Both Poole and McKendrick have casebooks which are very good. There are also many others on the market. Statute book: There are not many statutes in the course but there are some and this will be useful for the exam. Any Contract or Commercial Law statute book should do. A. WHY CONTRACT? A
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Texas took many steps toward independence and annexation. This all began with the idea of Manifest Destiny‚ which was the thought that God wanted white men to take land for their own pleasing. This idea was spread by Mountain Men‚ who in search for beaver and other furs for trade‚ probed the Rockies to explore more of the western part of the country. The most famous Mountain Man‚ Jedediah Smith‚ crossed the Great Basin and the Sierra Nevada to reach the California trail‚ which linked the U.S. to
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Lecture 14 Tort Re Ipsa Loquitur & Defence to Negligence res ipsa loquitur- the facts speak for themselves It means that the plaintiff can prima facie establish negligence where the facts are so obvious that somebody must be negligent otherwise the accident would not have happen. In the common law of negligence‚ the doctrine of res ipsa loquitur (Latin: the thing speaks for itself) states that the elements of duty of care and breach can be sometimes inferred from the very
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Chapter 18: Remedies for Breach of Contract Election to discharge: self-help remedy Types of Judicial Remedies • Common law remedy of damages • Common law remedy of an action for a fixed sum • Equitable remedy of specific performance • Equitable remedy of injunction Limitation Act • Judicial remedies may be barred by lapse of time due to LA • S 6 LA: no action against breach of contract after 6 years have passed (unless party unaware of breach) • LA does not apply to any legal action rooted
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PRINCIPLES OF ENGLISH CONTRACT LAW Prepared by lawyers from www.a4id.org TABLE OF CONTENTS I FORMATION OF A CONTRACT A. OFFER B. ACCEPTANCE C. CONSIDERATION D. CONTRACTUAL INTENTION E. FORM II CONTENTS OF A CONTRACT A. EXPRESS TERMS B. IMPLIED TERMS III THE END OF A CONTRACT – EXPIRATION‚ TERMINATION‚ VITIATION‚ FRUSTRATION A EXPIRATION B TERMINATION C VITIATION D FRUSTRATION VI DAMAGES / REMEDIES BASIC PRINCIPLES OF ENGLISH CONTRACT LAW INTRODUCTION
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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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