"What does substantial performance mean in the context of discharge or termination of contractual obligations on the basis of performance? A contract may be terminated by discharged of performance once both contracting parties have completely fulfilled their contractual obligations. A general rule of discharge by performance requires the complete and exact performance of the contractual obligations.1 Once performance has been completed it is required that payment be made. However‚ if a contracting
Premium Contract Contract law Common law
of a Contract Angelique Gares BUS670 Legal Environment Professor Roger Amos May 24‚ 2010 . This paper is a study of the Element of a Contract detailing the essential elements that constitute a legal binding agreement. A contract can be defined as an agreement between two or more persons for example‚ individuals‚ organizations or government agencies and or business‚ to do‚ or to refrain from doing something in exchange for something of value. The text states “to qualify as a contract‚ a set
Premium Contract
2007-2008 Dr Olivia Smith Employment Law: Identifying the Contract of Employment Reading: M. Forde‚ Employment Law 2nd ed. (Dublin: Roundhall Sweet and Maxwell‚ 2001) Chapter 2. History ▪ the move from status to contract. Query whether a move back to status? The protection afforded to individual employees under Irish employment law depends on a legal paradigm whereby the rights provided for are implied into the terms of the contract between the employer and the employee. Thus the starting
Premium Employment Trade union
PRIVITY AND THE LAW ON SALES OF GOODS 9 Contracts Concerning Land 10 PRIVITY AND THE LAW ON HIRE PURCHASE 10 QUESTION 2 11 Analysis of the case to establish formation of contract 12 Was Mike obligated to sell furniture to Nilam 13 Nilma’s Rights and remedies against Mike 13 Remedies 14 1. Rescission of Contract: 14 2. Suit for Damages 14 Specific performance 16 Compensation for loss of profit 16 REFERENCE 17 QUESTION -1 The Doctrine of Privity A contract is an agreement between two or more
Premium Contract Contract law Common law
History of Contract in India The Third Law commission of British India formed in 1861 under the stewardship of Chairman Sir John Romilly‚ with initial members as Sir Edward Ryan‚ R. Lowe‚ J.M. Macleod‚ Sir W. Erle (succeeded by Sir. W.M. James) and Justice Wills (succeeded by J. Henderson)‚ had presented the report on contract law for India as Draft Contract Law (1866). The Draft Law was enacted as The Act 9 of 1872 on 25th April 1872 and the Indian Contract Act‚ 1872 came into force with effect
Premium Contract
Learning Contract 2 Purpose of the Learning Contract 3 Uses of Learning Contracts 3 Advantages and Disadvantages of Learning Contracts 4 Advantages 4 Disadvantages 5 Designing Learning Contracts 5 Conclusions and Recommendations 6 Conclusion 6 Recommendations….. …………………………………………………...6 References 8 Abstract Learning contracts are being used in post-secondary education. Adults approach learning as problem solving and in theory by implementing learning contracts‚ the student
Premium Education Learning Educational psychology
Management Company Organization Currently Steven Diaz is the only member of the Breach and Brew organization. As he expands his company and begins hiring employees we recommend finding people with experience in the coffee business seeing as he is very inexperienced in this area. We recommend Steven act as the manager of the store and spend his time there running the day-to-day operations. Hiring shift supervisors with some experience in running coffee shops as the lead employee behind the bar
Premium Management Coffee Starbucks
Contract A contract is a promise between two or more persons involving the exchange of some good or service. Some of the basic elements of a contract include: an offer and an acceptance; "capacity‚" or being of legal age and sound competence; "mutual assent‚" or agreement on the terms of a contract; and "consideration‚" or compensation for goods or services rendered. The element that distinguishes a contract from an informal agreements is that it is legally binding:the law provides
Premium Contract Law Common law
In the case of Safety and Glove Discharge‚ With Just Cause the union claim that the company violated the collective bargaining agreement in the dismissal of Mr. McNamara without just cause. However the company is of the opposite view and claim the the employee dismissal was of just cause. The union took on several position in showing that the dismissal was not a just cause dismissal. the union argues that the dismissal was of insufficient cause and that the plant rule violation as a cause does
Premium
Chapter 7 Critical Thinking Exercise 1. Define the Objective Theory of Contracts. Answer: Objective Theory of Contracts is defined as the parties’ assent is not judged by the subjective intent by each party‚ but by the objective intent that a similarity situated reasonable person would understand the parties to have. 2. On May 1‚ Brand Name Industries‚ Inc. (BNI)‚ sent Carol a letter‚ via overnight delivery‚ offering to employ her to audit BNI’s financial statements for the current year
Premium Contract