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Contract law...Task For a contract to be enforced in a court of law, it must satisfy the essentials of a valid contract. These essentials of avalid contract include, offer, acceptance, consideration, capacity, legality of the subject matter, and the intention to create legal rights. If one or more of these elements is missing on a contract, the courts will be reluctant to enforce such a contract. It is therefore the burden of the party seeking relief in a court of law to prove the existence of these essentials of a valid contract. This is because the courts do not create the terms in a contract, but...
3 Pages(750 words)Coursework
Contract law...would have been more beneficial to Mr. Robbins than fulifllment of the whole debt. ii. However, it should be noted that payment of a lesser sum cannot be satisfaction of the whole debt simply because it is impossible for a lesser sum to satisfy a greater sum. But Mr. Robbins also received payment in a lesser sum and therefore this cannot be said to have settled the whole debt. It should be noted that the law merely requires that consideration be sufficient and note necessarily adequate. This means that consideration must be something of value (Ollek). The same was reiterated by Jim Riley (2012) in his article Elements of Contract- he stated that parties in a contract must receive...
3 Pages(750 words)Assignment
Contract law...Contract law Introduction The case Lord Melbray v the Backstreet Boyos and Basil’s Bistro requires a full legal analysis, beforea conclusion is reached, and therefore an advice issued to the aggrieved parties. The legal analysis takes the form of a three-stage analysis, the first stage being to assess whether the agreement between these parties would amount to a legally binding agreement, through evaluating whether all the requirements for a legally binding agreement were met by the parties involved. Secondly, the analysis seeks to evaluate whether there was sufficient basis for either party to rescind the contract, or by the party rescinding the contract, a violation of...
10 Pages(2500 words)Essay
Contract law...Law: Contract Law. Explain the importance of the doctrine of consideration in contract law. Use examples from case law to illustrate your answer, andexplain why
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Law: Contract Law. Explain the importance of the doctrine of consideration in contract law. Use examples from case law to illustrate your answer, and explain why
In the formation f contracts two elements are vital. Firstly, the "offer," an indication by one person prepared to...
6 Pages(1500 words)Essay
Contract Law...Contract Law Introduction Any contract must have terms in it that bind the contractors after all from the definition of the term contract; it is an agreement between two or more persons that is intended to create legally binding obligations. It is fundamental that the parties to the contract should mutually agree to the terms of the contract the courts shouldn't interfere with what the parties have negotiated upon.
But terms of two can be further broken into two
1. conditions
2. warranties
A condition is a term of vital importance and goes to the root of the contracted. It is basic and primary to the contract its breach, if committed by the seller gives the buyer a right to reject goods completely and refuse to pay the price... whose primary...
8 Pages(2000 words)Essay
Contract law...Contract law
The purpose of this essay is to address the legal issues in the case of Churton and Silver with regard to their unpaid loan with Rick It Merchant Bankers, Ltd. For this essay I shall be discussing the legal viewpoints of contract law that surround the circumstances of the case at bar, and will advice Risk It on their legal rights.
As the facts of this case state, Churton and Silver contracted with Risk It for a loan with a fixed payable term and interest rates. The first instalment had been adequately paid, but due to financial problems, Churton and Silver foresaw a difficulty in meeting their future loan obligations to Risk It....
4 Pages(1000 words)Essay
Contract law...INTRODUCTION For a contract to be valid and enforceable, ALL the following elements must be present. They are the offer, the acceptance, the object of the contract, the consideration, the legality of the subject matter, the contractual capacity of the parties involved, and the contractual intent of the parties (Halfwits, J, 1995). If one of the elements is missing, then the contract is not valid. The contract may be avoidable, void or unenforceable.
According to the Principles of European Contract Law, particularly Article 2.301 (ex art. 5.301) – Negotiations Contrary to Good Faith section 3 that “ it is contrary to good faith
And...
6 Pages(1500 words)Essay
Contract Law...Contract Law Introduction: The question that needs to be determined in the sale transaction between Tom representing the Buyer and Max representing the Seller is whether Tom, in making the payment of 28,000 pounds has paid up in full according to the contractual terms, or whether Buyer will be liable to pay the additional amount of 2800 pounds that is being claimed by Seller, as a function of a small price rise that is sanctioned under the terms of its standard sale/purchase agreement that Tom has filled up when placing the order for the equipment.
Contractual validity:
In order for a contract to be valid, “there must be a definite offer mirrored by a definite acceptance.”1 In the case...
8 Pages(2000 words)Assignment
CONTRACT LAW...Contract Law Human beings live in permanent cooperation and contacts with the fellow beings which involve agreements and contracts of various types. They are general phenomena that take place in most of our lives. In everyday situations, most of the people come to agreements and bonds for one reason or the other. “A contract may be defined as a legally binding agreement… The agreement will create rights and obligations that may be enforced in the courts. The normal method of enforcement is an action for damages for breach of contract, though in some cases the court may order performance by the party in default.”1
According to Sir Frederick Pollock,...
9 Pages(2250 words)Essay
Contract Law...Contract Law All the three scenarios presented raise the issue of negligence on the part of ASL, although they evoke different aspects. In Alan’s case, the question is whether the tort of negligence can be applied to recover economic losses. In Barbara’s case, the question is whether the terms of the exclusion clause will prevail. In Charles’ case, the question is whether ASL will be held guilty of misrepresentation. As shown in the detailed explanations below, Alan does not have a chance to recover damages from ASL. But Barbara may be able to establish a claim in negligence against ASL for recovery of damages for injuries caused to her, because she is a consumer and ASL had the duty to perform the job...
8 Pages(2000 words)Essay
