"How contract law balances fairness and certainty" Essays and Research Papers

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    contract law cases

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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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    Procurement Contract Law

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    Procurement Law Overview‚ Part Two Procurement and Contract Law Procurement Law Overview‚ Part Two Payments under Fixed-Price Construction Contract clause permits the government to partially compensate contractors for supply and services which have been accepted by the Government‚ as long as the contractor demand it and the sum is no less than $1‚000 or 50% of the full contract amount. These interim payments diminish the contractor needs to finance expenses to fulfill the contract. As permitted

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    Contract law essay

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    unknowingly enter into series of contracts. This may be in the form of purchasing an article from a shop or by purchasing a railway ticket or by numerous ways. In modern societies‚ because of increasing complexity‚ there has been a practice of concluding contracts in standard form. One such instance of a standard form of contract is contract of insurance. Thus‚ standard form of contracts are those kinds of contracts were parties do not sit together to bargain the terms of the contract. One problem that is likely

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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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    QUASI-CONTRACTS UNDER INDIAN CONTRACT LAW TABLE OF CONTENTS: 1. Introduction 2. Kinds of Quasi-Contracts 3. Basis of Quasi-Contacts 4. Conclusion 5. Bibliography INTRODUCTION: Sections 68 to 72 deals with "certain relations resembling those created by contract" under Indian contract act‚ 1872. It incorporated those obligations which are known as "quasi contracts" under English

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    M1 contract law

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    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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    Contract Law Questions

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    Contract Questions Please answer BOTH questions. 1. Max‚ an improvised law student placed the following advertisement in the Law Student Gazette: "For sale - Treital - Law of Contact‚ £5" Brian telephoned Max but he was not at home and Celia‚ Max’s girlfriend‚ answered the telephone. Brian asked her whether it was the latest edition. She replied that it was not. Brian then said he would give £4 for the book and Celia replied that she was sure that was acceptable but

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    Introduction to Legal Studies and Basic Contract Law- Course Work Assignment Mrs Hyndley is the owner of two properties that she rents to students in the Belfast area. In January 2008 she asks her friend and next door neighbour Frederick‚ a local estate agent‚ to collect the rents from her tenants while she goes off on a 6 month round the world cruise. She does not discuss terms or payment with Frederick. However‚ Frederick agrees and does collect the rents. When Mrs Hyndley returns to Belfast

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    State action was indispensable to ensure fairness among individual parties‚ in an era where the exercise of law of freedom were extremely restricted. In today’s English law‚ freedom of contract is one the foundation of contract law. The existence of freedom of contract requires three main considerations: the freedom to contract or not to contract‚ the freedom to choose with whom to contract‚ and the freedom to decide the terms of the contract. Thus parties are totally free to engage or not

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    Contract Law Tutorial

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    Tutorial 5 1. Naeve Soh‚ a diploma holder enters into an employment contract with a company as an accounting assistant. The working hours are 8am to 9pm daily except for Sundays and Public Holidays. The pay is $2100 per month. The market rate for a similar job is $3700 and employees in similar jobs in other companies work generally only from 8 am to 6 pm. After working for two months Naeve Soh feels all this is very unfair and wants to challenge it. (a) Assuming there is no statute prohibiting

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