Plaintiff purchased and used wool for local manufacture between 1946-48 and received some payments. The Government subsequently stopped its subsidy scheme and the Plaintiff sued the Government for subsidies it claimed it was due. Rules There was no contract. The statement made by the Commonwealth was not offered as consideration for the plaintiff buying the wool. The Court stated that in cases such as this: ‘… it is necessary‚ … that it should be made to appear that the statement or announcement which
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The common law view of pre-registration contracts was that the company did not exist for legal purposes until it had been formally incorporated (registered). This common law view resulted in company’s being unable to enter a binding contract until they had been registered. However "given the delays which can be encountered in the registration process‚ the promoter of a company may wish to enter into contracts `for’ the company prior to its incorporation" . An example of this may be a promoter
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Basis for Advertising Contract: Google‚ Inc.‚ promises to offer advertising services to a customer in accordance to the terms outlined in the contract. The terms will govern the customer’s participation in Google’s advertising offerings and programs and how to remedy disputes. The provisions to be included in the contract must satisfy the criteria of a valid contract. Specifically‚ the contract must include an offer‚ an acceptance‚ consideration‚ capacity and a lawful purpose. Below‚ we attempt
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WEEK 3 – THE FORMATION OF CONTRACTS Apply Your Knowledge (EXERCISE 4 – CONTRACT OR NOT?) Review the essential elements of a valid and enforceable contract and decide whether a valid‚ void or voidable contract has been formed in each of the following situations. Provide a legal explanation for your decision. 1. Last year‚ Smith‚ the owner of a retail business‚ in an attempt to reduce employee absenteeism due to illness‚ offered to give any employee who quit smoking for a year a $500
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and John Locke’s interpretation of the social contract theory. I will then be evaluating Locke’s argument that his conclusions differ from Hobbes’ as he claims. My thesis is the following: John Locke’s argument that his conclusions are different from Thomas Hobbes’ conclusions is not valid. He makes no claim as to why people are motivated to enter into a social contract; he also does not establish where the understanding of personal property comes from. Thomas Hobbes suggests numerous things about
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whether a valid contract was formed and who it was formed with. As Rick’s girlfriend didn’t buy the laptop and is under the age of 18 she wouldn’t be able to return the laptop as there has been no contract formed with her. However we can assume that her boyfriend is over the age of 18 and as he bought the laptop this means the contract was formed with Rick instead of Rick’s girlfriend. The type of contract that was formed with Rick was a standard form contract this is a type of a contract is a legally
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DERIVATIVE INSTRUMENTS MARKETS AND Chapter 1: Derivative Markets and Instruments Page 1 of 13 LOS 1.a: Define a derivative and distinguish between exchange-traded and over-the-counter derivatives. A derivative is a security that derives its value from the value or return of another asset or security. A physical exchange exists for many options contracts and futures contracts. Exchange-traded derivatives are standardized and backed by a clearinghouse. Forwards and swaps are custom
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What is the Function of a Social Contract? Philosophers have been concerned with the theories of a social contract for thousands of years. Plato mentions the concept in Crito and in Republic. These theories have stemmed from the concept of justice and for our society to be just. I will look at the works of Thomas Hobbes‚ John Locke‚ Jean Jacques Rousseau and finally with John Rawls after which a overall view into the function of a social contract can be derived as well as any problems with the theory(s)
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and sales department. Being an agent for Star Boat‚ Tom frequently concluded contracts with a number of suppliers for acquiring certain parts to manufacture boats. Smooth Sailing was one of the suppliers. Tom resigned from Star Boat in July 2012 upon being offered a better position in Star Ferry. However‚ he acquired 4‚000 parts from Smooth Sailing in August and manager of Smooth Sailing did not notice that in the contract Tom indicated his signature as “manager‚ Star Ferry” and thought they were
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Social Contract Theory of John Locke Jerome Green Jr. CJA/530 June 30‚ 2010 Instructor: Ms. Marie Romero-Martinez John Locke was one of the preeminent philosopher’s of his time. In one of his most successful works‚ the Two Treaties of Government‚ Locke asserted that men are by nature free and equal against claims that God had made all people naturally subject to a monarch (Tuckness). Locke argued that people have rights‚ such as the right to life‚ liberty‚ and property. Locke’s Social
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