OBLIGATIONS AND CONTRACTS Book IV‚ New Civil Code of the Philippines Title I‚ Obligations – Article 1156 to 1304 Title II‚ Contracts – Article 1305 to 1430 Outline of Topics: Obligations (Prelim-Midterm) Chapter 1- General Provisions Art. 1156-1162 i – Definition of Obligation ii – Sources of Obligation Chapter 2 – Nature and Effect of Obligation – Art. 1163-1178 - Obligations of Debtor - Rights of Creditor - Breaches of Obligation - Liabilities of Debtor - Remedies of Creditor -
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training school. He has one of his brightest students‚ Banda Tasa who has been pursuing a programming course with his school for two years. Banda Tasa being unable to pay the tuition fees charged by the college entered into a contract with Hakainde Hamududu. Terms of this contract were that‚ for the award of a tuition waiver for the course‚ Banda Tasa would work for Hakainde Hamududu for two years after graduation. During the period of instruction‚ Banda Tasa obtained from Nevers Chipimo a laptop computer
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Pre-Incorporation Contract Problem A creative use of the common law provides a number of ways of avoiding the common law pre-incorporation contract problem discussed above. 1. Promoter as Trustee of a Chose in Action: The promoter could be treated as a trustee of a chose in action for the corporation. This would put the promoter under a fiduciary obligation to enforce the contract and would allow an order permitting the company to sue in the name of the promoter as trustee. 2. Company as
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A] Indian Contract Act‚ 1872 The Contract Act serves as a Mother Act. The Contract Act has a direct link with most other Acts. Whenever two or more people want to establish a relation between/amongst them‚ there is a need for a contract: Sale of Goods Act (buyer-seller relation)‚ Partnership Act (principal-agent relation)‚ Negotiable Instruments Act (debtor-creditor relation) and so on. Key takeaways: • A contract is any promise or set of promises that are made by one person to another in return
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There are four main elements that must be in a contract to deem it valid. The first of which is an offer. The offer is the initial start to any interaction from one or more parties intending to enter into a contract. An offer is defined as‚ the price at which an individual is willing to sell a security or commodity. This is the opposite of bid‚ which is the price at which an individual is willing to buy a security. An offer is the same as an Ask. The person to make the offer or have something
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There are four elements to a valid contract. 1. At least two separate parties entering into an agreement: The agreement can be between two people‚ or one person and a company or between two companies. 2. The parties are qualified to agree to the terms and conditions in the contract: The parties must be of legal age and have an understanding of what the contract is and details it outlines. 3. Both parties are receiving consideration or value from the agreement: This is most commonly
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hours in advance. Failure to do so can impact this contract leading up to cancelation of said contract. You will provide your own vehicle keeping it in good maintenance‚ gas‚ cell phone and internet access for the purpose of doing said work. Term of this contract is valid from the date signed for a period of 1 year. Contract may be cancelled from signee if given in writing a 15 day notice of intent to quit. The company may terminate this contract immediately with good reason written and delivered
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M1: ANALYSE THE IMPACT OF THE REQUIREMENTS FOR A VALID CONTRACT IN THE GIVEN SITUATION Breach of contract in the case of a private sale In the Westshire Times on 2 September there was an advertisement to sell a 1998 Porsche 911 for £21‚000. The advertiser was Jamal‚ giving a contact address. On 7 September Bob wrote to Jamal stating that he was interested in buying the car for £20‚000. On 9 September Jamal wrote back to Bob stating that he could not sell the car for less than £20‚500. On
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Explain the effect terms in a contract. Implied terms are not stated in a contract but are introduced in a contract by a statute. 1. The handset will correspond with description supplied at the time of sale. This is an implied term by the sales of good act as it has to correspond with the description on the box. Also statute would protect the customer and it should be what is said on the box. The sales of good act states where there is a sale of good by description there is an implied
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Aspects of Contract and Negligence for Business The aim of this brief article is to set out some key aspects of contract and the tort of negligence using the following headings: • The relationship between the parties • The nature of the obligation • Causation and remoteness of damage • The measure of damages. Using the same headings should remind you of the key aspects of each of the two areas in such a way that you are less likely to confuse them. (The words ‘contract’ and ‘negligence’
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