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"Explain, with reference to decided cases and statutory provisions, the extent to which terms may be implied into both a contract for sale of goods and a contract of employment"
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Simply put, if you promise that you will do something for another person and in return, that person agrees to pay you something, then you and that person have made a contract.
A contract can be in verbal or written form but the most important thing is that there would be an agreement especially between two parties. Likewise, according to the labour laws of many countries, both the worker and the employee are bound by certain statutory regulations that would ensure that no party will breach the agreed contract. Indeed, when a person has decided to enter into an agreement with someone, both parties should have a common ground of understanding of the nature of the contract they would be agreeing upon so as to avoid conflict and misunderstanding in the future.
There different factors that are taken into consideration when forming a valid contract between two parties. The most important thing in the formation of a valid contract is that there must be an agreement between the parties involved. There should be mutual understanding between the two parties involved so as to avoid unnecessary conflict in the future. Each party is expected to be very clear about the terms and conditions of the contract otherwise it may be invalid if the other party involved is not aware of the contents of the agreement. Forming an agreement is based on the notion that each party is aware of the contractual obligations to fulfil which are legally binding. Another key element for the formation of a valid contract is its legality. A valid contract ought to conform to the norms and values of the society. For instance, if a person promises to steal something in order to get payment in return, then this contract is unacceptable since it is against the societal norms and values. The parties entering into a contract should have the legal power to do so. In any given scenario, minors may not enter into a valid contract with adults since it
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le of Goods 3.0 Contract of Carriage 3.1 The Hague Rules 3.2 The Hague-Visby Rules 3.3 The Hamburg Rules 3.4 Rotterdam Rules 4.0 Payment Issues 5.0 Conclusion 1.0 Introduction: Overview of Practical and Legal Issues in International Trading The advent of globalisation and free trade has resulted in the rapid burgeoning of international commercial trade, including the export and import of goods from one country to another.
The author explains that the contract of employment may be written or verbal, but a written agreement is appropriate for a formal employment. The contract of employment will contain essential information; the details of employer/employees, date of commencement of the contract, place of work, role and duties of the employees.
A community can face famine in rapid succession. However, recovery from hunger can be a slow process and requires efficient planning and management. This is because arable land has become limited, and so global food security needs to develop new technologies to focus on food production on limited land without having to depend on excess supply of water and fertilizers.
ariously Liable 10 Conclusion 11 Task 4 (LO4) 12 4.1 Apply the Elements of the Tort of Negligence and Defences in Different Business Situations 12 4.2 Apply the Elements of Vicarious Liability In Given Business Situation 13 Conclusion 13 References 14 Bibliography 17 Task 1 (LO1) 1.1 Explain the Importance of the Essential Elements Required For the Formation of a Valid Contract In order to form a valid contract, there are five basic elements that determine high importance.
If all the parties involved in the contract agree upon all terms without any kind of influence they are held to the bargain unless circumstances intervene which are beyond the control of either party, and which fundamentally distort the nature of the contract.
The author states that an unfair term in a contract implies that the contract contains a clause capable of causing imbalances in the rights and obligations concerning one of the parties to the contract significantly detrimental to the party. There is enough guidance to show which term can be categorized as unfair.
If a contractual condition is violated by one of the parties to the contract, then the other party can rescind the contract, in addition to claiming damages. On the other hand, if a warranty is breached, then the injured party can
The courts have over time recognized the essence and need to incorporate the implied terms in employment law.
There has been however controversy regarding which of these terms is automatically recognized by law and
some cases, a court can award damages for the loss of profits by a party, and this is available only cases of where compensatory damages are not sufficient. The court can also award non-monetary damages in some cases where there the party to the contract has claimed that he
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