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contract but do not appear to be a relevant issue here. While it is possible for offers to be "made to the world”1, K's advertisement is an "invitation to treat"2. It cannot be construed as an offer as it shows no intention on K's part to be bound to its terms, in contrast to the wording of the advertisement in Carlill v Carbolic Smoke Ba// Co3. Thus A's letter to K dated 21 April is the first possibility of an offer. However the terms of this letter are too vague to be construed as an offer...
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Open DocumentIntroduction A contract is formed when one of the parties has to accept an offer made by the other. Here, David places an advertisement in the local newspaper of a reward, £1000 for the safe return of each of his six cats. This shows he is making an offer to all the readers of the Daily Bungle. An offer is defined as follows: “An offer is a statement of the terms upon which the offeror is prepared to be bound if acceptance is communicated while the offer remains alive1.” The critical aspect of...
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Open DocumentIntroduction Unlike other civil law legal systems, such as the German one and the American one, United Kingdom’s (UK) and Hong Kong’s (HK) do not recognize the approach of general principle of good faith in contract law, as illustrated in Walford v Miles1. Yet, good faith should be promoted in UK and HK because one should value fairness in the whole course of dealing, from the point of pre-contractual negotiations till the discharge of he contracts. This essay aims at showing the merits of a good...
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Open Documentlaw of contractWeather contract between Cheff Reez and Marimar Hotel is void. Principle Offer S.2(a) when a person signifies his willingness to do or abstain from doing anything, with a view to obtain the assent of that other to the act of abstinence, he said to make a proposal. Acceptance S.2(b) when the person to whom the proposal is made signifies his assent thereto,the proposal is said to be accepted. A proposal when accepted ,becomes promise. S.7(b) In order...
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Open DocumentPart 1 A contract is an agreement between two or more parties, which can be legally enforceable. A contract maybe written or oral, although an oral agreement can be difficult to prove in court. In order for a contract to exist it must include four elements, that being offer, acceptance, intention and consideration. (Sweeney & O’Reilly 2007 pg 160). A contract only exists when an offer has been accepted, an offer has the intention to be legally binding and the willingness to contract on certain...
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Open DocumentOUTLINE OF LECTURE IN LAW ON CONTRACTS (Defective Contracts) 1. Defective contracts a. Rescissible contract – valid until rescinded; b. Voidable contract – valid until annulled; c. Unenforceable contract – cannot be sued upon or enforced unless ratified; d. Void contract – no effect at all, cannot be ratified or validated 2. Rescission Rescission is the remedy granted by law to the contracting parties and sometimes even to third persons in order to recover indemnity...
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Open DocumentPART I. Introduction England's contract law is consisted of several laws and they can not be written or at least explained in a student's assignment, which is consisted of 1000 words. Despite that I will try to outline the main points of the contact law and explain briefly what each means. On the second point I will explain the little difference between the English contact law with the equivalent contract law of my home country which is Cyprus. I wrote "little differences " because, Cyprus is following...
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Open DocumentIntroduction to Legal Studies and Basic Contract Law- Course Work Assignment Mrs Hyndley is the owner of two properties that she rents to students in the Belfast area. In January 2008 she asks her friend and next door neighbour Frederick, a local estate agent, to collect the rents from her tenants while she goes off on a 6 month round the world cruise. She does not discuss terms or payment with Frederick. However, Frederick agrees and does collect the rents. When Mrs Hyndley returns to Belfast...
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Open Document1 App Cas 554 has been criticised where ‘a valuable consideration, in the sense of the law, may consist either in some right, interest profit or benefit accruing to the one party or some forbearance, detriment, loss or responsibility, given, suffered or undertaken by the other’. Due to Angela falling ill, Nick accepts half the original amount of rent being payment of a lesser sum but the rule at common law being the rule in Pinnel's Case (1602) 5 Co Rep 117a, is that the payment of a lesser sum...
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Open DocumentLaw of Agency WHAT IS AN AGENCY? Sec 135 of Contract Act, agency is the relationships which subsists between the principal and the agent who has been authorized to act for him or represent him in dealings with others. WHO CAN BECAME A PRINCIPAL OR AGENT? Any person who is 18 years old and above and who is of sound mind may be principal. As between the principal and third persons, any person can became an agent. BUT persons of unsound mind and who are below 18 years are not liable towards their...
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