law of contract
law of contractWeather contract between Cheff Reez and Marimar Hotel is void.
Principle
Offer
S.2(a) when a person signifies his willingness to do or abstain from doing anything, with a view to obtain the assent of that other to the act of abstinence, he said to make a proposal.
Acceptance
S.2(b) when the person to whom the proposal is made signifies his assent thereto,the proposal is said to be accepted. A proposal when accepted ,becomes promise.
S.7(b) In order to convert a proposal into promise, the acceptance must be absolute and unqualified.
Intention to create legal relation
Certainty of contract
S.30. Agreements, the meaning of which is not certain, or not capable of being made certain are void
Free consent
S.66. When an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under the agreement or contract is bound to restore it or to make compensation for it to the person whom he received it.
S.10 All agreements are contract if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.
S.13 Two or more person are said to consent when they agree upon the same thing in the same sense
Discharge of contract
Discharge by impossibilities
The contract becomes imposible to be made after it has been made.
S.57(2) A contract to do an act which,after the contract is made,becomes impossible,or by reason of some event which the promisor could not prevent,unlawful,becomes void when the act becomes impossible or unlawfull
3 death or personal incapacity
A person who is deceased or incapacitated cannot perform the contract. This is so if it involves personal obligation such as contract of service. Hence, the contract is frustrated due to death or personal incapacity.
Remedies
Recission of contract
S.40 When a party to a contract has refused
Principle
Offer
S.2(a) when a person signifies his willingness to do or abstain from doing anything, with a view to obtain the assent of that other to the act of abstinence, he said to make a proposal.
Acceptance
S.2(b) when the person to whom the proposal is made signifies his assent thereto,the proposal is said to be accepted. A proposal when accepted ,becomes promise.
S.7(b) In order to convert a proposal into promise, the acceptance must be absolute and unqualified.
Intention to create legal relation
Certainty of contract
S.30. Agreements, the meaning of which is not certain, or not capable of being made certain are void
Free consent
S.66. When an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under the agreement or contract is bound to restore it or to make compensation for it to the person whom he received it.
S.10 All agreements are contract if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.
S.13 Two or more person are said to consent when they agree upon the same thing in the same sense
Discharge of contract
Discharge by impossibilities
The contract becomes imposible to be made after it has been made.
S.57(2) A contract to do an act which,after the contract is made,becomes impossible,or by reason of some event which the promisor could not prevent,unlawful,becomes void when the act becomes impossible or unlawfull
3 death or personal incapacity
A person who is deceased or incapacitated cannot perform the contract. This is so if it involves personal obligation such as contract of service. Hence, the contract is frustrated due to death or personal incapacity.
Remedies
Recission of contract
S.40 When a party to a contract has refused