ELEMENTS OF A VALID CONTRACT: To be enforceable by law an agreement must possess the essential elements of a valid contract as laid down by Sec.10 of Contract Act in the following terms; ‘All agreements are contracts if they are made by the free consent of parties competent to contract‚ for a lawful consideration and with a lawful object‚ and are not hereby expressly declared to be void.’ Following are the conditions for validity of the contract in detail. 1. Offer and Acceptance: There must
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autonomy are under the law ancillary and derivative from the well-articulated right of privacy. Under this well established right‚ procreative freedom‚ the right to refuse any medical care no matter how beneficial‚ the right to terminate one’s life and legal immunity for doctors supporting or implementing such patient desires are all set out with clarity.” Accept or reject with specific examples. I completely agree with this statement‚ patients have the freedom and the right to refuse and or decide for
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ESSENTIALS OF A VALID CONTRACT A valid contract has to have the following essential characteristics: * Proper offer and acceptance An offer to be valid must contain certain conditions such as it must intend to create legal relationship‚ its terms must be certain and unambiguous‚ it must be communicated to the person to whom it is being made. An acceptance to be valid must fulfill certain conditions such as it must be communicated by an authorized person before the offer lapses. *
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enforceable agreement‚ or a contract‚ can be broken down in to five elements; offer‚ acceptance‚ consideration‚ capacity to contract and intention to create legal relations. In this scenario there doesn’t appear to be an issue with capacity to contract and intention to create legal relations‚ so we can assume that they are both satisfied. The issues concerning this scenario are the concept of an offer‚ acceptance and consideration. When looking at the issues and assessing them‚ the objective view
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Offer and acceptance | Contract law | Part of the common law series | Contract formation | Offer and acceptance · Mailbox rule Mirror image rule · Invitation to treat Firm offer · Consideration | Defenses against formation | Lack of capacity Duress · Undue influence Illusory promise · Statute of frauds Non est factum | Contract interpretation | Parol evidence rule Contract of adhesion Integration clause Contra proferentem | Excuses for non-performance | Mistake · Misrepresentation
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Student Name: Ahmed Fazeel Question 1 (15 marks) For this case the major issue is whether a valid contract is made between Tina and Yatie‚ and whether the the offer by Yatie was revoked or not. According to (Miller & Jentz‚ 2010) every contract will involve atleast two parties. That is the offeror and the offeree. The offerer is the party who makes the offer‚ and the offeree is the person to whom the offer is made to. OFFER As per (Clarkson‚ Miller‚ Jentz‚ & Cross‚ 2009) an offer
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Introduction Offer and Acceptance Introduction: For a contract to be legally binding there needs to be 4 ingredients: 1. Offer 2. Acceptance 3. Intention to create legal relations 4. Consideration Building on this‚ in order to prove that a contract is legally binding 5 things need to be proven: 1. That an agreement has been reached. This is usually done by demonstrating that one of the parties has made an offer which the other accepted. 2. The agreement has been
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proposal or offer. . i) Offer and invitation to treat distinguish. . ii) Intention to create legal relationship. . iii) Cross offer. . iv) Specific and general offer.
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What are the modes of acceptance recognised under the Contracts Act 1950 (Revised 1974) and common law. Support your answers with reference to decided cases. An acceptance must be communicated for it to be effective and valid. The mental assent of both parties is not required but the external manifestation should exist. The acceptor must dos something in order to notify his acceptance. For example‚ he should communicate his acceptance of the offeror. This can be illustrated
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Acceptance Lindsay Reid LS 311 Kaplan University Professor James Starcher July 29‚ 2012 Acceptance In the case of Carrie‚ Antonio and Norvel‚ Carrie offers to sell Antonio a set of legal encyclopedias for $300.00. Antonio says he has to think about it and will let Carrie know the next day. Norvel‚ who overheard the offer to Antonio‚ tells Carrie he accepts her offer. Carrie gives Norvel the encyclopedias in return for $300.00. The next day‚ Antonio‚ unaware of the transaction between Norvel
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