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AS and A Level: Law of Contract
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Act 1989, etc required some classes of contracts to be evidenced in writing. As contracts are promises which have legal sanctity, they are binding on the parties that have entered into the contract and compel them to act or not to act in a particular way and consideration is said to be a price agreed upon to be paid for the promisor's promise. A valuable consideration is defined in the case of Currie v Misa as some right, interest, profit or benefit accruing to on party or some forbearance, detriment, loss of responsibility, give, suffered or undertaken by the other party.
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Thus, an objective standard is applied The Objective Test * Contract is an agreement giving rise to obligation which are enforced/recognised by law * The objective test ; ' a person is bound "whether his real intention may be" if " a reasonable man could believe that he was assenting to the term proposed by the other party and that other party upon that believe enters into a contract with him" * The objective test is as a safeguard from prejudice for the offeree * Exception is only when the offeree knew that the offeror have no real intention to
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I have been asked to advise a client on considering contracting with a building company to build new head offices in the area. I will explain the rules of offer and acceptance. Rules of intention, legal capacity, specific contract terms, standard form con
2. Advertisements This is an attempt to induce offers and is therefore classified as an invitation to treat. A very good example of this is the case of Partridge V Crittenden 1968. Mr Partridge placed an advertisement for selling a protected species of bird in a magazine. Then RSPCA then brought a prosecution of the Birds Act 1953 but the case was quashed as Mr Partridge was not making an offer as it was the advertisement constituted an invitation to treat. 3. Exhibition of goods for sale This is displaying goods in a shop such as Tesco etc.
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But he owed him �33 in winnings; Robertson agreed that he could give Balfour extra time to pay his balance. Robertson could not force agreement against Balfour to pay out the additional �33 as it was a gambling debt and the courts will not enforce it. The only difference is if two people agree to split winnings made from gambling and the agreement is made between themselves and not the place they are winning the money from. It can be called a collateral contract or a unilateral promise.
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"There are occasions where terms are implied into contracts which have never been discussed by the parties. Critically consider the circumstances in which this is likely to occur"
This seems fair, as if customs have applied in an area for many years, it could generally be assumed that they would continue to apply. However this could also work unfairly if one party did not know the area and was unaware of the local customs. This could cause inconvenience and economic detriment to the ignorant party, although it could be argued that he who lets out the land (in this case) has much more bargaining power and so it is fairer for the rule to work in favour of the farmer who rents the land.
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A term will be implied by custom if it reasonable12 and relevant to the 'market, trade and locality in which it is made13, unless the custom is inconsistent with the express terms of the contract'14 Why is it necessary to imply terms into the contract of employment? The main importance of implying terms to the contract of employment is that it allows for flexibility to incorporate important terms that have not be 'caught' or expressed in the statement of terms and conditions.
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One clause stated that the hirer was liable to indemnify the owner against all expenses in connection with the use of the crane. The crane sank in marshy ground with neither party to blame. The hirers claimed that the clause was inapplicable because it had been communicated after the contract had been made and thus was not incorporated into the contract. (b) Terms implied by statute. Perhaps the most common example of terms being implied by statute is provided by the Sale of Goods Act 1979.
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The cost of remedying these "defects" was �80. Hoenig v Isaacs  2 ALL ER 176. An interior decorator contracted to refurbish a flat for �750. The defendant had paid �400 in advance, but then refused to pay the outstanding �350 arguing that the design and workmanship were defective. The court agreed that there were problems but that these would cost �56 to remedy. Bolton v Mahadeva  1 WLR 1009. A contractor agreed to install a central heating system for �560.
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In advising Bennys position of the interest over the said property (the flat), it is necessary to examine the relationship between Amy and Benny, because, the flat is at Amys sole name.
Equity is only concerned with the substance. By way of recognised proprietary interest creates in prevailing of legal interest under equitable doctrine of estoppel3. At statutory, equitable estate (or interest) is well defined in Section 2 of CPO4, to qualify an estate or interest does not meet with the requirement of Section 4(1) of CPO and subsequently created and disposal at Section 5(1)(a) of CPO5. In possibility of existence in relationship between legal owner and beneficiary, so Benny's equitable interest could be created by way of an express trust followed Section 5(1)(b)
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contracts are the most common form of contract for sale of goods in the international trade transaction. When a sales contract is signed on c.i.f. terms, the seller's obligations ends only when he or she ships the agreed goods at the port of shipment specified in the contracts2. 2) Legal relationships between the seller and the buyer under Incoterms20003 The parties are bound to the Incoterms 2000 if expressly incorporated into their sale contracts. Therefore, their obligations differ slightly from the common law decisions. Under the incorporations of the Incoterms, the seller's primary duty is to make a carriage contract with a carrier ensuring the goods safely transferred to the buyer.
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________________ The Project outline ________________ 1. Client: Hertfordshire School of Construction Ltd. 2. Location: Studio Business Park, Borehamwood, Hertfordshire. 3. Building: 2 storey higher education establishment. 4. Budget: £2.9 million 5. Floor area: 1,800 m2 approx. 6. Funded: HEFC (Higher Education Funding Council) and Hertfordshire School of Construction Ltd. 7. Outline specification: 8. Reinforced concrete pad foundations. Steel frame and concrete floors. 9. Brickouter skin with 140mm lightweight block inner skin. Aluminium double glazed windows. Seamed profiled steel roof, marine ply substrate, 75mm insulation. 10. Demountable partitions.
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There are, however, limitations to this doctrine that limit the employer's ability to terminate the employee without liability. 1 The specific limitations or exceptions are: o Contracts: The existence of a contract between the employee and the employer introduces limitations to the at-will employment doctrine. Examples of such contracts are: statements made regarding salary per period, statements of job assurance, substantive or procedural job security statements listed in the employee handbook. o Statute: An employer cannot violate the limitations imposed by state or federal statute.
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They cannot therefore be sued for trespass although it may be considered a nuisance at common Law. When an act is authorised by statute it would be assumed that all future consequences would have been taken into account. For example in the beginning of the railway system it was not always possible to prevent the escape of spark therefore the railway company could not be held responsible for any fire caused by the escape of sparks. In Fisher v Ruislip UDC  Ruislip council had been authorised to provide air raid shelters in or on the highway under the Civil Defence Act 1939.
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