Void and Illegal Contracts Void Contracts Void contracts are basically those which contravene a provision in a statute or are contrary to public policy at common law but to which the ex turpi causa principle does not apply. Void by Statute A statute may declare expressly that a particular contract is void‚ eg s 45 of the Trade Practices Act 1974 which provides that clauses purporting to exclude‚ restrict‚ or modify the liability of a corporation imposed by Division 2 Part V of the Act (that
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(2013) noted the physician-patient relationship is primarily an implied contract because a written contract is not standard practice for delivery of health care. According to O’Connor (2010)‚ the basis for medical negligence for physicians‚ is the physician-patient relationship‚ which can become a contractual relationship if all elements of a contract are present including an offer‚ an acceptance‚ and consideration. For example‚ when a patient contacts a doctor’s office for an evaluation and treatment
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LITIGATION ENVIRONMENT FOR FORENSIC ACCOUNTING (AFC 710) Conceptual Issues In Crime And Criminal Law (Essential Elements Of Crime) PREPARED FOR: AP DR. ZAITON HAMIN PREPRED BY: MOHD ROSHIDI BIN NOOR IC. NO: 770221-03-5137 2012873046 (FULL TIME) SUBMISSION DATE: 10 NOVEMBER 2012 Introduction Forensic accountants are litigation support / expert witness and financial investigations/ financial detectives who audit‚ investigate and ascertain the accuracy of financial reporting documents
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Rousseau’s The Social Contract Jean-Jacques Rousseau’s The Social Contract‚ or Principles of Political Right (1762) is an analysis of the contractual relationships which may be necessary for legitimate government‚ and is an explanation of how these relationships may combine principles of justice and utility. Rousseau argues that civil society is based on a contractual arrangement of rights and duties which applies equally to all people‚ whereby natural liberty is exchanged for civil liberty‚ and
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Contract law – contract formation Figure 1: Elements required for a contract to be recognised by law Using Figure 1 above‚ and your knowledge of the elements required for contract formation‚ consider whether a contract recognised by law has been made in each of the scenarios below. Scenario IS THERE A contract? James is selling his car for $5000. Lucy comes to look at it‚ and says that she loves it‚ but that she only has $4800 to spend. James says he will accept $4800‚ as long as Lucy
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OBLIGATIONS & CONTRACT | Academic Year 2012-2013 | | REVIEW MATERIAL | | ATTY. KRISTOPHER A. NAVALES | | | COMMON DISTINCTIONS | RESCISSIBLE CONTRACTS | VOIDABLE CONTRACTS | UNENFORCEABLE CONTRACTS | VOID OR INEXISTENT CONTRACT | 1. As to Defect | Damage to a party or to third person | Vitiation of Consent | Without or in excess of authority‚ or does not comply with the Statute of Fraud‚ or both parties are incapacitated | Absolute or lack of essential requisite in fact
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Rousseau’s Social Misunderstanding In The Social Contract‚ Jean-Jacques Rousseau proposes a utopian type social contract that all citizens are informally entered into. In this contract‚ Rousseau calls for the people to sacrifice their natural freedoms in order to receive a greater and more beneficial state of civil liberty. Civil liberty being the state of being subject to laws that are for the benefit of the community opposed to the individual. Rousseau claims that these sacrifices will result
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UNFAIR CONTRACT TERMS ACT Section 1 (3) In the case of both contract and tort‚ sections 2 to 7 apply (except where the contrary is stated in section 6(4)) only to business liability‚ that is liability for breach of obligations or duties arising from things done or to be done by a person in the course of a business (whether his own business or another’s)‚ and references to liability are to be read accordingly. Section 2 (1) A person cannot by reference to any contract term or to a notice given
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What is the psychological contract? Examine to what extent it is applicable in the 21st century What is the psychological contract? Nowadays‚ job-hopping has been a prevalent phenomenon. People change their jobs frequently for they are not satisfied with the present situation. This action of employees‚ however‚ brings tremendous stress and trouble to many enterprises. Therefore‚ the psychological contract is becoming increasingly important that more and more people
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THE SOCIAL CONTRACT THEORY The idea of the social contract goes back‚ to Thomas Hobbes; John Locke‚ Jean-Jacques Rousseau‚ and Immanuel Kant developed it in different ways. After Kant the idea largely fell into disrepute until John Rawls resurrected it. It is now at the heart of the work of a number of moral and political philosophers. The purpose of this paper is to compare and contract the social contract theorists and their views on the origin of state. THOMAS HOBBES: (1588-1679) Background:
Free Political philosophy Social contract State of nature