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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Contract law – contract formation Figure 1: Elements required for a contract to be recognised by law Using Figure 1 above‚ and your knowledge of the elements required for contract formation‚ consider whether a contract recognised by law has been made in each of the scenarios below. Scenario IS THERE A contract? James is selling his car for $5000. Lucy comes to look at it‚ and says that she loves it‚ but that she only has $4800 to spend. James says he will accept $4800‚ as long as Lucy
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Section 73 in The Indian Contract Act‚ 1872 73. Compensation for loss or damage caused by breach of contract.- When a contract has been broken‚ the party who suffers by such breach is entitled to receive‚ from the party who has broken the contract‚ compensation for any loss or damage caused to him thereby‚ which naturally arose in the usual course of things from such breach‚ or which the parties knew‚ when they made the contract‚ to be likely to result from the breach of it. Such compensation is
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Carlill v. The Carbolic Smoke Ball Company. The case of Carlill v. The Carbolic Smoke Ball Company‚ centred around an advertisement which was placed in the Pall Mall Gazette on November 13‚ 1891. The advertisement was entered by The Carbolic Smoke Ball Company and was promoting a “medical preparation”1 which the company had developed‚ called the Carbolic Smoke Ball. The advertisement clamed that “During the last epidemic of influenza many thousand carbolic smoke balls were sold as preventatives
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Law 421/Week Two What are the elements of negligence? How does an intentional tort differ from negligence? Provide examples. Intentional torts can be described as deliberate acts to harm someone. Negligence can be described to deliberately choose not to act in order to fix a problem which ultimately results in someone being harmed. There are several elements that need to be present in order for a claim to be considered negligence (Melvin‚ 2011). According to our text these elements need to be present
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parties. Considerations to take include contracts‚ local law‚ and local customs and culture. Steps may be taken to minimize risks in international business agreements as well. The first consideration that needs to be made when considering legal action against a business based in another country is contractual agreements. Review of what agreements the two parties have made through an agreed contract should take place. In reviewing the contract notice if a choice of law clause or a forum selection clause
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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 this (which is indeed the case)‚ can she challenge
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Asif Tufal Contract-Law-page CASES ON FORMATION OF A CONTRACT OFFER Payne v Cave (1789) The defendant made the highest bid for the plaintiff’s goods at an auction sale‚ but he withdrew his bid before the fall of the auctioneer’s hammer. It was held that the defendant was not bound to purchase the goods. His bid amounted to an offer which he was entitled to withdraw at any time before the auctioneer signified acceptance by knocking down the hammer. Note: The common law rule laid down in
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Law in Business and Society LAW/421 January 28th‚ 2013 C.J. Hughes The role of law in business and society plays a critical role and has both moral and ethical implications. Businesses laws help regulate business and social behavior in the marketplace and provide an ethical compass for businesses and consumer to follow. This is accomplished by providing the laws on a federal and state level to govern our actions and provide guidelines for conflict resolution. There are federal laws‚
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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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