“Order up!” yells a juvenile lean male waiter says as he seizes a tray of a mysterious drinks. He brings the tray immediately to my table and blurts‚ “2 large rainbow shakes with blue straws?” “Those would be ours!” I replied eagerly. “One for you‚ madam and one for you sir. Anything else I can get for you folks?” The waiter says in an dreadful counterfeit British accent. “That will be all. Thank you!” Replies the companion at my table. “Ugh the heat is melting me like a popsicle on the Fourth
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Contract is an agreement between two or more competent parties in which an offer is made and accepted‚ and each party benefits. No contract can come into being unless the following features exist: an actual offer‚ an acceptance‚ consideration (this means that each party will contribute something of a material value to the bargain) and an intention to create legal relations. The agreement can be formal‚ informal‚ written‚ or just plain understood. (a) For a contract to exist the offer must be made
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common law‚ a contract is a legally binding agreement between two or more parties that sets an exchange of promises of what each party will or will not do".(Elliott‚2011‚p.13) The contract can be unilateral and bilateral. if the oferee can accept simply by promising to perform‚ the contract is bilateral. Bilateral contract is a "promise for a promise"‚ and in order to be formed‚ is not need for consideration to be made at the time when the promises are exchanged . In a unilateral contract‚one party
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When one thinks of a cop what should come to mind is “protection”. Cops should be a sign of safety‚ when a cop comes around you should feel safe and protected. Although a few years ago it was that way it is no longer true. Now day’s cops are seen as people you want to stay away from‚ people are afraid of them. Cops are now abusing‚ assaulting‚ and killing innocent people‚ this is called police brutality. Police brutality can be caused by policeman’s ability to assume everyone is up to no good‚ racism
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Sale of Goods Act- gives statutory rights as a consumer. Was the contract with an existin company or one which is starting up?? Was there any limitation clause in their contract?? Breach of contract causes a contact to be discharged. This is when one party performs defectively‚ differently from the agreement. This can be done by actual breach‚ when there is no performance‚ or through anticipatory breach‚ when they indicate in advance that they will not be performing as agreed. An offer is when
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A Collateral contract A collateral contract is one where the parties to one contract enter into or promise to enter into another contract. Thus‚ the two contracts are connected and it maybe enforced even though it forms no constructive part of the original contract. According to Lord Denning MR in the case of Evans & Sons Ltd v Andrea Merzario Ltd [1976] 1 WLR 1078 a collateral contract is ‘When a person gives a promise‚ or an assurance to another‚ intending that he should act on it by entering
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accepts the offer and they sign a contract to that effect. After the contract is signed‚ Teri learns of a Boston rule that all firefighters must live within the Boston city limits. Teri decides not to move and contacts Jack to let him know she won’t be moving after all. Jack sues Teri in municipal court‚ asking for specific performance in accordance with the original deal. Teri argues that‚ although specific performance is usually appropriate in land sales contract cases‚ the judge has the discretion
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1. Explain how Locke and Hume view personal identity‚ or the “Self”. How do you see Kafka’s “Metamorphosis” as exemplifying these philosophical themes? You may choose Locke or Hume or both‚ or argue why you see neither of their theories as showing up in Kafka’s work. Locke’s theory of personal identity does not rely on substance to explain personal identity. Locke’s theory is person one at time two is the same person as person two at time one if and only if person one and person two are both
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Contract Creation and Management Simulation LAW/531 In the contract creation and management simulation involving Span Systems and Citizen-Schwarz AG (C-S) the conflict involved and possible resolutions could be beneficial or catastrophic for both companies. Legal risks for corporations in the process of implementation and development of a program are many. To prevent this there must be direct‚ quantifiable benchmarks that are acknowledged by all parties involved. Any contract ambiguity that
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BREACHING A CONTRACT First What is a Contract? A Contract is defined as a binding agreement between two or more persons or parties; Especially; One legally enforceable. When signing a contract the person signing signs the contract‚ to render services for a certain amount of time or for a certain amount of material‚ which is labeled a term in the agreement. In every contract there are certain duties and rules that are to be followed and obeyed. When disobeyed or rules are broken then that leads
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