required for the formation of a valid contract A valid contract is a contract that complies with all the essentials of a contract and is binding and enforceable on all parties (Investorwords‚ n.d). Essential elements of the contract: - Agreement = Offer + Acceptance - Consideration - Intention to create legal relations A. AGREEMENT = OFFER + ACCEPTANCE In order to create a valid contract‚ there must be a ’lawful offer’ by one party and ’lawful acceptance’ of the same by the other party
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Requirement to form a valid contract: 9 Claim 1: 13 Claim 2: 15 Claim 3: 19 Task 2: Explain the differences among conditions‚ warranties and innominate terms with examples to illustrate: 22 Task 3: Law on standard form contracts: 24 Claim 4: 29 Conclusion 32 Reference 32 Introduction The knowledge of the law of contract is very importance when doing business. Law of contract is a part of Common law which focus on the formation and operation of a business contract. This report will
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Business Law(BL) John is an offeror as he is putting his property out at 2 million and this offer may also be made to the world at large not just individuals or specific groups of people(Carhill v Carbolic Smoke Ball Co 1893). After having assessing through the situation of Adam and Bill‚ i would like to touch on assessing Adam’s situation first. In this scenario‚ John was the offeror as he offered 2 million for the house and Adam is the offeree but as Adam was the first viewer of the house
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the law‚ it also helps securing the company from fraudulent or unlawful actions. Assignment 1 primarily deals with key elements of Contract Law. In the assignment main parts of any contract and various types of business contracts will be considered‚ and such topics as „What makes a valid contract?“ will be discussed. Rules of offer and acceptance as well as rules of intention and consideration will be viewed in terms of specific situations. At the same time‚ theoretical part of the assignment will
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The offer and acceptance model is flawed- only an agreement is necessary. In order to fully comprehend this statement‚ we must first establish what constitutes and offer and what constitutes acceptance. “An offer is a statement by one party of willingness to enter into a contract on stated terms‚ provided that these terms are‚ in turn‚ accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to the terms proposed by the offeror”. The “Offer and acceptance
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"A valid contract‚ in essence‚ is the agreement between its parties". Discuss this statement and‚ using both case law and legal principles‚ comment on the essential elements of a valid contract and the importance of each. To a certain extent this statement is true but it is only one element of a valid contract to explain please find following all elements and conditions within a valid contract. To Contract: Is to enter into a relationship or agreement between two or more parties that create in
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the general rule about acceptance by silence ZHANG Li Introduction Professor McKendrick in his book writes ‘The general rule is that silence does not amount to an acceptance and this is a good one’. He then gives the reasoning by the sale of unsolicited goods. I agree with this rule and the reasoning given by Professor McKendrick. But I think the reasoning mentioned above is just one situation in the general rule that the
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Consideration of a contract for an Offer letter to an employee from the organization SUBMISSION DATE: 14-09-2013 STUDENT NAME: SYED ABBAS STUDENT ID: 861769 _____________________________________________________________________________________ EXECUTIVE SUMMARY In this report we are going to discuss the consideration of a contract for an offer letter to an employee from the organization. We will study why offer letter is required for any employee and what does this offer letter do. How
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OFFER If a contract is a legally binding agreement‚ the first question to consider is the method by which the court ascertains whether a contract is to be formed. The offer must express the definite intention on the part of the person or organization making it (called “the offeror”) to enter into the contract with the person or organization to whom or which it is addressed (known as “the offeree”). An offer may be defined as a statement of willingness to contract on specified
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Acceptance An acceptance is “a manifestation of assent to the terms [of the offer] made by the offeree in the manner invited or required by the offer.” In determining if an offeree accepted an offer and created a contract‚ a court will look for evidence of three factors: (1) the offeree intended to enter the contract‚ (2) the offeree accepted on the terms proposed by the offeror‚ and (3) the offeree communicated his acceptance to the offeror. Common Law: Traditional “Mirror Image” Rule
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