Contract A contract is a promise between two or more persons involving the exchange of some good or service. Some of the basic elements of a contract include: an offer and an acceptance; "capacity‚" or being of legal age and sound competence; "mutual assent‚" or agreement on the terms of a contract; and "consideration‚" or compensation for goods or services rendered. The element that distinguishes a contract from an informal agreements is that it is legally binding:the law provides
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offer‚ acceptance‚ and consideration will not guarantee a legally enforceable contract”. Discuss. A contract is an agreement which normally consists of an ’offer ’ and an ’acceptance ’ and involves the ’meeting of the minds ’ or consensus between two or more parties with the intention to create a legally enforceable binding contract. Therefore in this essay‚ the four core elements needed for the formation of a contract such as offer‚ acceptance‚ and consideration and intention to create legal relations
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Part 1 A contract is an agreement between two or more parties‚ which can be legally enforceable. A contract maybe written or oral‚ although an oral agreement can be difficult to prove in court. In order for a contract to exist it must include four elements‚ that being offer‚ acceptance‚ intention and consideration. (Sweeney & O’Reilly 2007 pg 160). A contract only exists when an offer has been accepted‚ an offer has the intention to be legally binding and the willingness to contract on certain conditions
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A contract intends to formalize an agreement of two or more parties‚ in relation to a particular subject. Contracts can cover an extremely broad range of matters including the sale of goods or real property‚ the terms of employment or of an independent contractor relationship‚ the settlement of a dispute and ownership of intellectual property developed as part of work for hire. Essential Elements of a Contract * Clear certain and communicated agreement. Meaning that the parties are consensus
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that she has prepared‚ but since the stall didn’t have enough stock of the t-shirts Jannah ordered 250 t-shirts of different designs. Jannah and Grace made a contract wherein the t-shirts can be delivered in a later date. The contract was made on August 23’ 2016 and the date set for the t-shirts to be delivered is on August 28’ 2016. The contract was made by Jannah the buyer because she has a upcoming event which will be on September 1’2016 so in preparation she needs it 3 days ahead before the event
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Contract Law Introduction In the following case note I will examine the High Court case; Smart Telecom Plc. V Radio Teilefis Eireann & Glanbia Plc. [2006] IEHC 176. The essence of this case is one involving a request for tenders put forward by RTE for sponsorship and the subsequent refusal of Smart Telecom’s referential bid thereto. The questions raised were (1) whether referential bidding was a permissible term of RTE’s offer and (2) if not‚ were they were obliged to re-tender the contract
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CONTRACT OF LAW Contract can be defined as ‘an agreement enforceable by law’. In other words‚ a contract is an agreement made between two(2) parties or more which is legally binding between the parties. There are six (6) basic elements in the contract : 1. Offer refers to a proposal that is capable of being converted into an agreement by its acceptance. Section 2(a) of Contract Act 1950 provides that when a person signifies another his willingness to do or to abstain from doing anything‚ with
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Acceptance 3 2.2 Consideration 4 2.3 Discharge of contract 5 2.3.1 Discharge by Breach 5 2.3.2 Discharge by Performance 5 2.4 Remedies 6 2.4.1 Unliquidated Remedies 6 2.4.2 Injunction Remedies 6 2.5 Intention to Create Legal Relations 7 2.6 Free Consent 8 3.0 Conclusion……………………………………………………………………...9 4.0 References…………………………………………………………………….10 1.0 Introduction Contract is a customary of procedures guiding the relationship‚
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JUDGMENT V.N. Khare‚ CJI 1. This appeal which arises out of a judgment and order dated 23-11-2001 passed by the High Court of Kerala at Ernakulam revolves round the question as to whether an arbitration clause in a contract agreement survives despite purported satisfaction thereof. 2. The parties to this appeal entered into an agreement for a project at Kayamkulam. Upon completion of the work the respondent herein submitted final bill which was allegedly not accepted by the appellant‚ where
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By the case of Hughes v Metropolitan Railway Co the doctrine of Promissory Estoppel was establish and the derivation of modern doctrine of it is to be found in the The doctrine of Promissory Estoppel was first developed but was lost for some time until it was resurrected by Lord Denning in the leading case of Central London Property Trust Ltd v High Trees House Ltd. Promissory estoppel There are three exceptions to the rule in Pinnel’s case. They are composite agreement‚ payment of debt
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