Nobody downloaded yet

Constituent Parts of the Law on Contracts - Article Example

Comments (0) Cite this document
Summary
The paper "Constituent Parts of the Law on Contracts" describes that Undue influence occurs in cases wherein the relationship between two persons, one has obtained a considerable measure of influence, or dominance, over the other, of which the dominant person subsequently takes undue advantage…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91% of users find it useful
Constituent Parts of the Law on Contracts
Read TextPreview

Extract of sample "Constituent Parts of the Law on Contracts"

Download file to see previous pages There is a high likelihood of the exercise of undue influence in certain relationships wherein one person holds a substantial position of trust and/or authority over the other and has adequate control to influence the decision of others, such as the relationship between parent and child, doctor and patient, teacher and student, lawyer and client, husband and wife etc. Undue influence is alleged to be implemented or used in case of lack of adequate substantiation to the contrary, and hence it is customary for the third parties involved in such a transaction to advise their customers, clients to request autonomous legal counsel prior to entering into an agreement at the behest of the person who is deemed to be in an influential position owing to their particular relationship.
Actual undue influence refers to a situation whereby one of the parties to the contract enters into a transaction owing to the inappropriate exercise of influence by the other party. To institute the existence and exercise of actual undue influence the party desiring to set aside the contract must establish that:
While presumed undue influence, on the other hand, refers to incidences where one of the parties to a contract was influenced into entering into a contract by the other party and where there is a relationship of trust and confidence between both the parties to the contract. Such contracts may be set aside by the aggrieved party after they have adequately and effectively established that:
In cases involving presumed undue influence, the court of law presumes the existence of a relationship of trust and confidence if the parties to the contract comprise of teacher and student, solicitor and client, doctor and patient, etc. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Constituent Parts of the Law on Contracts Article”, n.d.)
Constituent Parts of the Law on Contracts Article. Retrieved from https://studentshare.org/law/1722965-contract-law
(Constituent Parts of the Law on Contracts Article)
Constituent Parts of the Law on Contracts Article. https://studentshare.org/law/1722965-contract-law.
“Constituent Parts of the Law on Contracts Article”, n.d. https://studentshare.org/law/1722965-contract-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Constituent Parts of the Law on Contracts

Scot's Law of Contracts

...Watersquirt which she buys. On realizing that the power washer does not do the job she intended, her options become limited. Under the Scottish Law of Contracts, there must be an agreement between the parties at least on the essential terms. The other customer gave his unsolicited advice to Arju on the power washer that he thought was best. Arju was under no obligation4 to buy what the customer recommended as he was not in a position to make a binding contract with her. This is because the law stipulates that the parties in a contract must be willing to see the contract out. The other customer, who gave his advice to Arju was not willing...
10 Pages(2500 words)Essay

Business law- Contracts and leases

.... However, as far as sale is concerned, under the uniform commercial code, this general law is altered. Under the UCC the mirror image rule is rejected and acceptance between merchants is enforceable in spite of minor changes made. The uniform commercial code states that “A definite and seasonal expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms” (Fullerton, 2011, par 40). According to the UCC, these additional terms serve as part of the...
4 Pages(1000 words)Essay

Construction Contracts Law

...are Found. This leads to a delay of 1 month to allow for archaeological Investigation work.. When concreting the foundations in January the contractor complains that The weather is too cold for the concrete to "go-off" and that they are being Delayed. During the erection of the steel frame the contractor claims he is being Delayed due to a severe shortage of skilled steel-fixers in the area. During the internal finishings elements of the works the contractor requests additional information regarding the suspended ceiling system. I would like to explain the basic tenets of Contract Law, before giving any specific advice. In...
8 Pages(2000 words)Case Study

Company Law contracts

...Topic: Company Law Style: Harvard Preferred language style: English (U.K Answer: In order to answer this question it is necessary to know about the term of promoter. Although the Companies Act 1985 does not define the term promoter, the judges have framed tests for determining whether a person's activities relate to the promotion of a company. A promoter is a person responsible for forming a company whether or not a person is a promoter is a question of fact to be determined according to the role he played in the creation of the company. The steps as a whole involve- a) Registering the company with companies house, b) Entering into pre- Incorporation contracts, c) In case o public companies, issuing a...
8 Pages(2000 words)Essay

Employment Law - Employment Contracts

...Employment Law - Employment Contracts Employment law covers a certain nature and scope of the employment contract. The purpose of this paper is to;using case studies, explain the sources, institutions, and enforcements systems for individual employment rights. This will be accomplished through the use of case studies; the nature and scope of the contract will be discussed and the content and case study examples will explain the sources, institutions and enforcement systems for individual employment rights. The Sources, Institutions and Enforcement Systems for Individual Employee Rights Organized labor in the United States has fallen rather...
8 Pages(2000 words)Essay

International law of contracts

...INTERNATIONAL LAW OF CONTRACTS Relevant legal issues On the issue of the contract with a Mexican based company, Segal Corp (Segal), for the sale of 3,000 brushed steel rods of the best quality, the agreement stated that Segal Corp agree to ship the 3,000 brushed steel rods from Tampico, Mexico to Southampton no later than 15th September 2008 and that Segal will make all necessary shipping arrangements, pay the carrier, insurance and agree to tender the bill of lading and all other required documentation to TradeProm via its Bank in England (Leman Sisters Ltd). The rods were indeed shipped on 10th September 2008 on board The Samba Carnival a ship chartered by...
6 Pages(1500 words)Article

E-Law, Jurisdictions, Contracts

.... Therefore, when it comes to the issue of contracts entered into over the Internet, many of the common law practices already in existence will apply, since the exchange of the contract letter over the Internet via e-mail, etc may be equated to an exchange of a similar document through conventional methods like the Fax or post. In this context, the case of Voth v Manildra Flour Mills Pty Ltd , Mason CJ, Gaudron JJ, Deanne and Dawson stated that “an act passes across space or time before it is completed. Communicating by letter, telephone, telex and the like provide examples.”5 Therefore, a statement could originate in one place but be directed towards a recipient in Australia, in which...
12 Pages(3000 words)Essay

Commercial law ( commercial contracts )

...which cancels the original offer. A contract is said to be formed only if such counter-offer is accepted. Commercial Contracts –Does it truly mirror the intention of the parties? The common practice is that until acceptance is conveyed to the offeror, it is not valid. Some exceptions in this regard are a) if the offeror has waived the requisite for communication b) when acceptance is communicated by post, it will be effective on posting. Communication sent through fax, telephone, computer, telex or fax is not effective until received by the offeror. Moreover, it is arduous to find when exactly a telex, fax, a message left on a telephone answering machine or e-mail message is actually “received.” Decided...
6 Pages(1500 words)Essay

Contracts Law

...Law of Contract A contract delineates an agreement between two or more parties, which is enforceable by the law. Thus, a substantial number of contracts are guided on the basis of common law. Conversely, the UCC’s article 2 governs contracts involving sale of goods, negotiable instruments and secured transactions. Incidentally, there are two types of contacts: written and oral. Nevertheless, more than often, a contract has to be in written form, for it to be legally enforced. Furthermore, it is expected that all the terms and conditions of a contract should be fulfilled by the parties...
2 Pages(500 words)Essay

Torts - Contracts - Employment Law .. Discussions

...Task: Discussions of Torts, Contracts, and Employment Torts There is no doubt that torts, have evolved over time. Tort refers to the private wrong against somebody or personal property. However, as society evolves, new torts have been created while others have been abolished, probably due to change in society’s perception of things, among many reasons. Nevertheless, it must be understood that the modern tort law is a product of decades of creation, improvisation, elaboration, creation, and modification. For instance, due to the evolution of tort, contemporary remedies have been formed, which includes; injunctions, the award of damages, permission to engage in self-defense, and many others. For a conduct...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Article on topic Constituent Parts of the Law on Contracts for FREE!

Contact Us