CONTRACT LAW – LECTURE 4 Promissory estoppel Is about the enforceability of all alteration promises (promises to pay more and promises to accept less) and by contrast estoppels does not apply to promises about the formation of initial contracts Ex. If a creditor promises to accept a smaller sum in full settlement intending the debtor to rely on that promise‚ and the debtor does rely on it‚ the debtor may have a defence of promissory estoppels when sued for the balance by the creditor. The promise
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"all the world"‚ in which case the offeree is regarded as a member of the general public: Carlill v Carbolic Smoke Ball When an offer is made‚ the term of the proposed contract must be communicated to the offeree: Thornton v Shoe Lane Parking However‚ an offer can be made in general terms‚ leaving the precise terms of the contract to be settled later: Master v Cameron The fact that the word ’offer’ is used is not itself conclusive: B Seppelt & Sons Ltd v Commissioner for Main Roads An offer
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Claiming God’s Promises Print Page By Dr. Charles Stanley In the Bible‚ we learn that Sarah was 90 years old when God told her husband Abraham‚ “I will bless her‚ and indeed I will give you a son by her” (Gen. 17:16). Abraham considered this so unlikely that he laughed. But God was faithful to His word. Sad to say‚ our world increasingly places little value on words. We’ve seen politicians retract campaign commitments once they take office. And though people swear to tell the truth in court
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CONTRACT AND RELATED OBLIGATION Prof. Hillman I) Theories of Obligation A) CONTRACT: Agreement with Consideration – Bargain Theory of Consideration Definition: A promise that is supported by consideration because the promisor gets something (extracts) from the promissee in exchange for the promise. Ex: I tell Alice I will sell her my piano for 400 dollars and she agrees. I promised my piano in exchange for something (400 dollars) therefore my promise is enforceable. 1) Bargained
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Breach of Confidentiality Advanced Healthcare has strong emphasis on patient satisfaction‚ convenience and patient privacy. Advanced Healthcare has an EMR and LIS. Advanced Healthcare is a mid-size clinic with an Urgent Care Clinic. The staff in smaller clinics often has multiple functions. The employee involved was a lab tech who generally worked nights and weekends to support Urgent Care. She had access to Electronic Medical Record to be able to search for lab orders. During implementation phase:
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Reflective Journal Man’s whole life is a process of learning. He learns many things‚ during his different periods of life. His childhood‚ his teenage‚ young age‚ middle age and the older age‚ in every period of his life he learns according to the requirements of specific time period. Teenage or we can say student life is the most important part of his life‚ because mind of a teenager is like a blank paper. What he reads and what he observes‚ all these things write down on this paper permanently
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contract law agreement: objective test of intention to agree offer must be matched by other’s acceptance requirement of certainty of agreement parties have intention to create legal relations enforce promise: consideration promise is contained in a deed promissory estoppel (claimant has relied on defendant’s promise) reliance theory: consistent with the harm principle (prevent harm on others) restitution interest
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Nd Contracts Outline Professor Murray 1. Contract Remedies (Chapter One) What is a contract?- promise or set of promises‚ for breach of which the law gives a remedy or the performance of which the law recognizes as a duty. Types of contracts- a. express: formed by language‚ oral or written b. implied: formed by manifestations of assent other than oral or written language; by conduct. c. quasi: not contracts at all‚ construed by courts to avoid unjust enrichment‚ by permitting plaintiff
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BREACH AT X • What are the people‚ work processes and technology failure points that require attention? • What practices led to the security breach in TJX and why did such a smart andprofitable organization as TJX face such a situation? • Was TJX a victim of ingenious cyber crooks or did it create risk by cutting corners? Background a. Describe the company/department History 1. TJX was the largest apparel and home fashion retailer in United States
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Introduction……………………………………………………………………………………………3 2. Contract………………………………………………………………………………………………..3 3. Government Contract………………….………………………………………………………………3 4. Contracts and Government Contracts…………………...……………………………………………..4 5. Formation of Government Contracts…………………..…………………….………………………...5 6. Doctrine of Executive Necessity in Government Contracts………...………………………………....6 7. Doctrine of indoor management in Government contracts……….………………………………….8 8. Implied Contract with Government……………………………………………………………………8
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