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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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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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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Question 1. Outline and describe the ways in which an Agency Contract may be established. Agency According to Nicole Busby‚ an agency is a contractual relationships that entitles one party to act on behalf‚ or in favour of‚ the other party in contractual arrangements with a third party. In this regardthese circumstances‚ the former is known as an “agent” and the entity on whose behalf the agent performs is called a “principal”. Generally‚ the agency relationships arises in commercial transactions
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Research Paper: Commerce Clause Found in the U.S. Constitution under Article 1‚ Section 8‚ Clause 3‚ the Commerce Clause essentially gives Congress the authority “to regulate commerce with foreign nations‚ and among the several states‚ and with the Indian tribes.” It also prevents states from passing any laws that would inhibit or excessively burden commerce between states. Historically‚ the Commerce Clause has been considered both consent to congressional authority and constraint on a state’s
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1.A contract to be legally valid‚should meet 3 essential elements‚which would be examined by a court as evidence of any contract.These main pre-requisites are ‚ ● The agreement must have an offer and an acceptence: a contract is a bilateral agreement between two or more parties. So when the offeree accepts the offer for a consideration made by the offeror‚ it becomes a contract. eg:-Carlill v Carbolic Smoke Ball Company [1893] Eg:James promises
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Graduate Diploma in Law Contract Law Examination Paper DATE: 16 June 2010 TIME: AM TIME ALLOWED: THREE HOURS INSTRUCTIONS TO CANDIDATES Where questions are sub-divided‚ candidates should not expect the sub-divisions necessarily to be of equal weight. Materials provided: GDL Statutory Extracts (which MUST be returned UNMARKED at the end of the examination). You must answer THREE questions out of SIX Continued Overleaf OA6544 1 © The College of Law 2010 This is
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Sale of Goods Ordinance (Cap 26) (“SOGO”) and the Control of Exemption Clauses Ordinance (Cap 71) (“CECO”). With the cases explained‚ the water boiler was exploded‚ if there are no other evidences provided‚ Mrs.Yeung could rely on the (Cap26) (“SOGO”). Examining the terms of the agreement‚ “Where the seller sells goods in the course of a business‚ there is an implied condition that the goods supplied under the contract are of merchantable quality…” (s16(2) SOGO) “Goods of any kind are of
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their religion‚ hundreds of people dying because of the government. A government where religion was the law and if you did not conform with what the Puritans believed‚ your life was in danger.(Solid hook!) However‚ things could be different with one phrase: the Establishment Clause.(Nice transition!) The lives of people in the Puritan society would have been different if the Establishment Clause had been enforced at the time because there would be a separation between church and state‚ Quakers would
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an era where the exercise of law of freedom were extremely restricted. In today’s English law‚ freedom of contract is one the foundation of contract law. The existence of freedom of contract requires three main considerations: the freedom to contract or not to contract‚ the freedom to choose with whom to contract‚ and the freedom to decide the terms of the contract. Thus parties are totally free to engage or not to engage in agreements. However‚ freedom of contract can fail to have the desired
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