AND CONTRACT LEGAL STUDIES Table of Contents Introduction 5 The Common Law 6 The Law of Contract 6 The Rules of Offer and Acceptance 7 Electronic Communications 9 Contracts between Parties of different Nationalities 11 Intention to create Legal Relationships 12 Form and Consideration 13 Capacity to Contract 15 Consent of the Parties 15 Legality of Object 16 Content and Interpretation of Contracts 17 Breach of Contract 18 Liquidated Damages 19 Equitable Remedies 24 Discharge of Contracts 24 Modification
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Contract Creation and Management Johnny B Good LAW/531 April 30‚ 2012 Professor Law Contract Creation and Management This week assignment is to provide analysis on the Contract Creation and Management simulation provided in the University of Phoenix (UOP) materials website. The simulation involves two companies; Span Systems‚ a California-based custom e-banking software developer and Citizen-Schwarz AG (C-S)‚ a Stuttgart-based bank with revenues of over $20 billion. Through C-S’s regional
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disease‚ and in no ascertained case was the disease contracted by those using the carbolic smoke ball”.2 The advertisement went on to inform the reader that the Carbolic Smoke Ball company offered “£100 pound reward will be paid to any person who contracts the increasing epidemic influenza‚ colds or any disease caused by taking cold‚ after having used the ball three times daily for two weeks according to the printed directions supplied with each ball. £1‚000 is deposited with the Alliance Bank‚ Regent
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The Cost Analysis for Decision Making project is intended to be a comprehensive evaluation of the key objectives covered throughout this course. It will challenge you to apply your knowledge of cost information when evaluating the decision to make or buy a product. Please use this outline and grading rubric as a guide to completing your course project. It provides specific details of the required elements of the project‚ and it will be used by your instructor as a grading guide. Read Integrative
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A standard form contract (sometimes referred to as an adhesion contract or boilerplate contract) is a contract between two parties that does not allow for negotiation‚ i.e. take it or leave it. It is often a contract that is entered into between unequal bargaining partners‚ such as when an individual customer is given a contract by the salesperson of a multinational corporation. The customer is in no position to renegotiate the standard terms of the contract and the company ’s representative usually
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Misrepresentation Step 1. Determine whether the meaning of the representation is false or not – objective test Step 2. Three possibilities of a misrepresentation: 1) It is a term of the contract; 2) It constitutes a collateral contract; 3) Does not acquire contractual status at all. Step 3. Results: 1) Rescission of the contract; 2) Damages in tort (if the tort of deceit or the tort of negligence can be made out) Smith v Lane & House Property Corp This case deals with the situation that a statement
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in contract and is seeking damages of $30‚000 which he believes is the outstanding amount that is owed to him by J. This case touches on the fundamental concepts of contract law where H can only claim damages if the formation of a valid contract between the two parties is evident via the elements of a contract‚ including intention‚ agreement‚ consideration‚ legal capacity‚ genuine consent and legality of objects must be established. Once these elements are satisfied‚ the terms of the contract need
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Contract Creation and Management Assignment In this paper I will give my analysis of the issues presented in the Contract Creation and Management simulation. Within the paper I will provide contractual resolutions that will offer the development of a plan that will defuse possible contractual disputes. Citizen Schwartz will be given rapid and economical dispute resolution options‚ while Span Systems will be given the resources to recoup a significant business relationship following a contractual
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including identifying key vitiating factors‚ including duress and undue influence and illegality as well as forms of discharge of a contract and remedies for that. It will also apply these laws to the cases provided to illustrate the application of these laws. Vitiating factors represent some sort of defect in the formation of the contract. Examples of this are that the contract is based on a mistake or a misrepresentation. Illegality on the other hand‚ is much more to do with the actual character of the
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(FAR) – Cost Sharing Contract -type of cost-reimbursement contract -government pays a pre-negotiated percentage (60/40‚ 50/50) of the allowable costs to the contractor -commercial items not allowable -no fee 16.303 Cost-Sharing Contracts (a) Description. A cost-sharing contract is a cost-reimbursement contract in which the contractor receives no fee and is reimbursed only for an agreed-upon portion of its allowable costs. (b) Application. A cost-sharing contract may be used when the
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