Voidable contract is a contract that has legal effect and force when it is made‚ but is liable to be subsequently annulled or set aside by the courts through the process of recission. Due to the section 10 of the Contracts Act provides‚ all agreements are contracts if they are made by the free consent of the parties competent to contract. As what i’ve been thought and my understanding‚ there are five causes which lead to the voidable contract. They are : 1. Coercion (S.15) 2. Undue influence (S.16)
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ACKNOWLEDGEMENTS First of all‚ I would like to say thank you express to all the lecturers for the course of Master of Science (Construction Contract Management)‚ especially my supervisor – Encik Norazam Othman‚ for their guidance during the writing of this master project. Without their supervision and advice‚ this project could not be completed on time. Secondly‚ I would like to express my gratitude to my dearest parents and brother for their support and advice during these few months. Not
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The Law of Contract Voidable Contract – Coercion The word “contract” can be defined as a voluntary‚ deliberate‚ and legally binding agreement between two or more competent parties. Contracts are usually written but may be spoken or implied‚ and generally have to do with employment‚ sale or lease‚ or tenancy. A contractual relationship is evidenced by an offer‚ acceptance of the offer‚ intention to create legal relations‚ consideration‚ certainty and capacity. However‚ while all parties may expect
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Void and Voidable Contract 17/11/2013 INTRODUCTION A contract is an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. It is a voluntary‚ deliberate and legally binding agreement which becomes legally valid if meeting of minds exists between the contracting parties and establishment of a legal relation/obligation between the parties for a legal consideration and
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Ans: No‚ Mary is not contractually obliged to pay Duncan the $8000. In the given case‚ there are circumstances that make this contract voidable. It is seen that Mary was intimidated by the Duncan presence and immediately agreed the Duncan’s offer. It seems that Mary was under the undue influence (even if Duncan has not such intention) while she concluded the contract because Duncan has represented himself in such a way that has probability to influence the mind of ordinary person and actually affects
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Aspect of contract and business law Assignment 1: The requirements for a valid contract P1: Identify the legal criteria for offer and acceptance in a valid contract. In order for a contract to be legally binding‚ both parties must make an offer and an acceptance of that offer. An offer‚ by law it is generally presumed that in a commercial transaction‚ the contracting parties must have the intention to create a legally binding contract. This means that if they have signed a contract for business-related
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Void and voidable A contract that is "void" cannot be enforced by either party.‚ The law treats a void contract as if it had never been formed. A contract will be considered void‚ for example‚ when it requires one party to perform an act that is impossible or illegal. A "voidable" contract‚ on the other hand‚ is a valid contract and can be enforced. Usually only one party is bound to the contract terms in a voidable contract. The unbound party is allowed to cancel the contract‚ which makes the contract
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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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Assignment 1 – Understanding the legal requirements for a valid contract The essential elements for a contract‚ who apply in all cases‚ are: 1. Offer- made by offeror to the offeree ‚ it is very important to distinguish this from invitation to treat ( which invites offers to be made) 2. Acceptance – Offeree accepts the offer that has been made. Rolls Royce Car 3. Consideration- Something of value passes between the two parties e.g.: A
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6 2. 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
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