whether a valid contract was formed and who it was formed with. As Rick’s girlfriend didn’t buy the laptop and is under the age of 18 she wouldn’t be able to return the laptop as there has been no contract formed with her. However we can assume that her boyfriend is over the age of 18 and as he bought the laptop this means the contract was formed with Rick instead of Rick’s girlfriend. The type of contract that was formed with Rick was a standard form contract this is a type of a contract is a legally
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The Law‚ Contracts and Me Laws are made by legislatures and judges‚ although there is no universally accepted definition for law‚ one definition states that law is a system of rules and guidelines which are enforced through social institutions to govern behavior. [Lord Lloyd of Hampstead. Introduction to Jurisprudence. Third Edition. Stevens & Sons. London. 1972. Second Impression. 1975. Page 39.] In a society‚ rules and regulations exist in order to control peace and order‚ without these rules
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there is binding contract between the two parties‚ Baldcure Ltd. and Gary Knudenut‚ and consequently whether Gary can sue under that contract. Rule A contract is a legally enforceable agreement between two or more parties. To be valid‚ a contract must comprise of the following elements: - agreement (offer + acceptance) - intention - consideration - capacity to contract - consent - legality In order to establish whether there is a binding contract between Gary and
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Question Martina owns two houses in Loughchester. In May‚ she entered into a contract with Loughchester University for it to rent the houses for the coming academic year for use as student accommodation. The University paid Martina £750 straight away‚ with the rent to be paid to Martina by the University monthly in arrears. Martina then engaged Roger Roofers Ltd to carry out repairs on the roofs of the houses‚ to be completed by 23 September‚ in time for the arrival of the students. She paid Roger
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Part A A contract may be discharged or brought to an end at any time after formation and there are several ways in which this can happen. One party may avoid a contract – for example‚ for unconscionable conduct by the other; one party may terminate the contract before performance is complete – for example‚ for breach; or the contract may be performed to the satisfaction of the parties. The contract of sale that takes place at a supermarket checkout is for all purposes completed at the time
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CHAPTER 2: Nature and Effects of Obligations Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family‚ unless the law or the stipulation of the parties requires another standard of care. (1094a) 3 kinds of prestations in obligations: • To give real (there is some physical thing which may be the subject of possession‚ the delivery of which completely discharges the obligation) • To do • Not to do
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2nd of feb CASES MALLIK V BCC: Malik and Mahmud v Bank of Credit and Commerce International SA [1997] UKHL 23 is a leading English contract law and UK labour law case‚ which confirmed the existence of the implied term of mutual trust and confidence in all contracts of employment. Facts: Mr Malik and Mr Mahmud both worked for the Bank of Credit and Commerce International. BCCI went insolvent due to massive fraud‚ connection with terrorists‚ money-laundering‚ extortion and a raft of other criminal
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Contract Law Cases The Offer Meeting of minds: Clarke v Earl of Dunraven and Mount Earl: Yacht races. Letters sent in Communication (in writing‚ speech and conduct): Carlil v Carbolic Smoke Ball Co: pay back 100 if you get influenza. Deposit 1000 The Acceptance: Strictly in response to
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1 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
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Unit 14 The different types of employment contracts Permanent – is a contract that has no defined termination date other than retirement at 65‚ permanent contracts are always more that a year Temporary is a contract that only last for a period of time (6months or less) this is normally done for a replacement of the staffs on maternity or sickness leave or on training. Part time is a contract that allows someone to work fewer hours than a full-time worker. There is no specific number of hours
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