A contract intends to formalize an agreement of two or more parties‚ in relation to a particular subject. Contracts can cover an extremely broad range of matters including the sale of goods or real property‚ the terms of employment or of an independent contractor relationship‚ the settlement of a dispute and ownership of intellectual property developed as part of work for hire. Essential Elements of a Contract * Clear certain and communicated agreement. Meaning that the parties are consensus
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Part I: Description In January of 2007 the parent company of TJMaxx and Marshalls known as TJX reported an IT security breach. The intrusion involved the portion of its network that handles credit card‚ debit card‚ check‚ and merchandise return functions. Facts slowly began to emerge that roughly 94 million customers’ credit card numbers were stolen from TJMaxx and Marshalls throughout 2006. It was believed that hackers sat in the parking lots and infiltrated TJX using their wireless network
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INTRODUCTION The law of contract is the collection of legal rules which govern contracts. These rules‚ in turn‚ are part of the law of obligations‚ a subdivision of the law of property which is traditionally regarded as part of private law. Private law governs the persons (legal subject) in their personal or private capacity before the law in relation to other legal subjects. In other word‚ private law can be defined as balance and protect legitimate individual interests. Traditionally private
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Security Breach Plan Bridget Baca HCS/533 January 28‚ 2012 Chong Daleiden Security Breach Plan Patient privacy and security is one of the most important aspects of the St. Johns Hospital code of conduct‚ they take pride in the sound policies and procedures set to maintain customer confidentiality. Each employee is held to a high standard of maintaining the highest level of privacy and confidentiality when it comes to patient health information (PHI). This paper will outline the plan that
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Question 1: a) Explain the main characteristics of a consumer contract. Sale of Goods Act 1979 (SOGA 1979) is amended by Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002 The Contract for Sale of Goods A contract for the sale of goods is ‘a contract in which the seller transfers‚ or agrees to transfer‚ the property in goods to a buyer for a money consideration‚ called the price’ This contract contains two conditions‚ Both ‘sale’ and ‘agreement to sell
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of the contract Termination of the contract Under common law‚ a contract of employment may be terminated by: (a) Agreement with notice; (b) Death of the employer or employee; (c) Frustration; (d) Insolvency; or (e) Breach. Termination by agreement with notice The ending of a contract of employment is most often achieved without any breach of its terms. A contract can be terminated at common law by either party giving the notice required by the terms of the contract‚ or by
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of a Contract “A contract is an agreement that can be enforced in court. It is formed by two or more parties who agree to perform or to refrain from performing some act now or in the future.” (pg 208) Recently I was faced with a situation regarding a contract that was not in writing and I had to explain that as long as a verbal contract contains the four essential elements of a contract it is binding. We are so accustomed to seeing contracts in writing that many people assume that a contract must
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determined if a prima facie valid and enforceable contract exists. A contract can be defined as an agreement containing promises made between two or more parties with the intention of creating certain legal rights and obligations and enforceable in a court of law [1]. For a legally binding contract to exist the following elements must be satisfied: 1. An offer must exist 2. The offer must be accepted 3. Consideration must pass between the parties 4. The parties must intend
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1. Voidable Contract: An agreement which is enforceable by law at the option of one or more of the parties thereto‚ but not at the option of the other or others‚ is a voidable contract. A contract is voidable when one of the parties to the contract has not exercised his free consent. One of the essential elements of a formation of a contract for example‚ free consent‚ is absent. All voidable contracts are those which are induced by coercion fraud or misrepresentation. The person whose consent is
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Terms The content of a contract are made up of terms (or ‘clauses’ as they are called in the case of written contracts) which may be express or implied. The express terms are the terms which the parties actually stipulated for themselves when making the contract‚ whether orally or in writing. In addition to the express terms‚ the courts sometimes‚ for a variety of reasons‚ imply certain terms into the contract. Implied terms are terms that are not expressly stated in the contract but are deemed to be
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