CHAPTER 2 > ESSENTIAL REQUISITES OF CONTRACTS GENERAL PROVISIONS Art. 1318. There is no contract unless the following requisites concur: (1) Consent of the contracting parties; (2) Object certain which is the subject matter of the contract; (3) Cause of the obligation which is established. (1261) SECTION 1. – Consent Art. 1319. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. The offer must
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A contract is a "promise" or an "agreement" that is enforced or recognized by the law‚ whether implied or expressed. There must be an agreement‚ which consists of an agreement‚ an intention to create legal relations‚ and consideration. A contract is said to come into existence when acceptance of an offer has been communicated to the offerer by the offeree. An offer is an expression of willingness to contract on certain terms‚ made with the intention that it shall become binding as soon as it is
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Genuine Consent For contract to valid ‚ both party must genuinely consent ‚ or agree to the contract 1. Unconscionability 2.Duress 3.Undue Influence 4.Mistake 5.Actionable Misrepresentation * Unconscionaboility ( extremely unfair ): Both pt need to have equal power BUT Only 1 pt has superior bargaining power . The other pt has special disability and pt enter to the one-sided ‚ take it or leave it ‚ unfair -- the court decide the contract was unconscionable ( unfair) ++ Special disability
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The four basic elements of a valid contract are agreement‚ consideration‚ contractual capacity‚ lawful object. Objective theory of contracts is intent to enter into a contract. An example of this would be going to a car lot and say I will give you 5‚000 for this use car. This is a valid contract offer. I intend on purchasing the used car if the car lot is willing to sell the car for 5‚000. In the case of Pepsi vs. John Leonard objective theory doesn’t apply. Pepsi wasn’t truly offering the Harriet
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cNATIONAL ECONOMICS UNIVERSITY‚ HANOI BTEC HND IN BUSINESS AND MANAGEMENT ASSIGNMENT COVER SHEET | | |NAME OF STUDENT |Pham Thi Thuy Trang | |REGISTRATION NO. |1013103214 | |UNIT TITLE |Common Law
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Assignment 1 – Understanding the legal requirements for a valid contract The essential elements for a contract‚ who apply in all cases‚ are: 1. Offer- made by offeror to the offeree ‚ it is very important to distinguish this from invitation to treat ( which invites offers to be made) 2. Acceptance – Offeree accepts the offer that has been made. Rolls Royce Car 3. Consideration- Something of value passes between the two parties e.g.: A
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Requirement to form a valid contract: 9 Claim 1: 13 Claim 2: 15 Claim 3: 19 Task 2: Explain the differences among conditions‚ warranties and innominate terms with examples to illustrate: 22 Task 3: Law on standard form contracts: 24 Claim 4: 29 Conclusion 32 Reference 32 Introduction The knowledge of the law of contract is very importance when doing business. Law of contract is a part of Common law which focus on the formation and operation of a business contract. This report will
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Six Essential Elements of Enforceable Contracts Business Law I 311 Contracts are used in many different forms and for just as many different situations within our everyday lives. Some contracts are more involved than others and for some; contracts are an essential of their success. As we continue‚ we will take a look at different types of contracts with the main focus on enforceable contracts. With so many elements that are incorporated into any contract‚ the six essential elements of enforceable
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Valid Contracts March 2015 M1: analyse the impact of the requirements for a valid contract in a given situation Required to answer 3 short essay style questions on a given scenario Relevant case law must be mentioned. Spelling & grammar essential. Breach of Contract in the case of a private sale ‘Bob and Jamal’ FOR SALE £21‚000 Breach of contract in the case of a private sale In the Westshire Times on 2 September there was an advertisement to sell
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A contract is an enforceable agreement between two or more persons or entities pursuant to which the parties undertake binding obligations. The vast majority of all business --- both personal and commercial --- is conducted pursuant to contracts‚ either oral or written‚ and courts of law decide disputes between parties to contracts. The four basic elements necessary for formation of a valid contract are capacity‚ offer and acceptance‚ consideration and compliance with law and public policy. Also
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