Essays on Contract Law

Earl Of Orkney V Vinfra
Words • 1573
Pages • 7
This sample essay on Earl Of Orkney V Vinfra reveals arguments and important aspects of this topic. Read this essay's introduction, body paragraphs and the conclusion below.A basic definition, of a contract is an agreement enforceable at Law. Institutional writers, whose works, strongly influenced, Scots Law, wrote of Contract as a ‘form of obligation’. Erskine defined a contract as a ‘legal tie, by which one is bound to pay or perform, something to another’. However, it should be noted, under…...
Business LawCommon LawContract LawIlliteracyJusticeLaw
Article 1382 Explanation
Words • 1879
Pages • 8
This sample essay on Article 1382 Explanation reveals arguments and important aspects of this topic. Read this essay's introduction, body paragraphs and the conclusion below.Article 1380 ? Rescissible Contracts ? Those validly agreed upon because all the essential elements exist and, therefore, legally effective. ? They are valid and enforceable although subject to rescission by the court when there is economic damage or prejudice to one of the parties or to a third person. ? Rescission ? A remedy granted…...
Business LawCommon LawContract LawJusticeLaw
Intermediate Term Contract Law
Words • 832
Pages • 4
Name: Difference Between Conditions And Warranty The Differences between Conditions, Warranties and Intermediate Terms in Contract Law Introduction The law of contract can be described as a legally binding agreement between two or more parties (Stone 5). In the contract, there are usually promises made by the parties in which every party is expected to complete there end of the deal. These promises can be divided into three terms namely conditions, warranties and intermediate. A condition can be described as…...
Business LawCommon LawContract LawJustice
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All Contracts Are Agreement But All
Words • 704
Pages • 3
A contract is a legally binding agreement or relationship that exists between two or more parties to do or abstain from performing certain acts. A contract can also be defined as a legally binding exchange of promises between two or more parties that the law will enforce. For a contract to be formed an offer made must backed acceptance of which there must be consideration. Both parties involved must intend to create legal relation on a lawful matter which must…...
Business LawCommon LawContract LawJusticeLawRules
Research Paper On Contract Law
Words • 261
Pages • 2
CONTRACT is a valid contract which lacks legal sufficiency due, for example, to incorrect or incomplete following of a required or statutory procedure, and may not be enforceable by the courts. Four Classifications of Defective Contract : 1. Rescission Contract Declaration or clearly communicated intention by a party to a avoidable contract that it is exercising its right to terminate (rescind) the contract. It is an irrevocable step that frees the other party as well from its contractual obligations, as…...
Business LawCommon LawContract LawJustice
Commercial Law Case Briefs
Words • 5524
Pages • 23
Gajanan Moreshwar Parelkar v Moreshwar Madan Mantri (Indemnity) (Plaintiff, at the request of the defendant, executed two mortgages in favour of Mohandas. Defendant wrote a letter promising to indemnify the plaintiff against any suits by the mortgagee, along with executing a third mortgage in place of the previous two. Plaintiff prays that the defendant obtains a release of liability from Mohandas; Issues: 1) Can the indemnified ask for performance of the contract of indemnity without suffering actual loss? ) Whether…...
Business LawCommon LawContract LawJustice
Commercial Law Notes
Words • 2199
Pages • 9
Issues e. g. whether there was a breach of duty * Principles e. g. Breach if burden of harm was not great * Authorities e. g. Woods v Multi sport holdings ltd * Applications e. g. The burden of using helmets was significant * Conclusion e. g. there is no breach Law of Contract Terms of the contract * Express terms * Terms stated and agreed to by parties * In simple cases, terms stated in offer * Eg, $…...
Business LawCommon LawContract LawJusticeRulesTort Law
Bester V Perpetual Trustee Co Ltd
Words • 5272
Pages • 22
If one party pressures the contractual consent of another by duress the contract is voidable by that other party (See Also s 52A TPA and s 39 FTA). The common law has long recognised that duress, in the form of coercion of the plaintiff’s will through illegitimate pressure or threats to the plaintiff’s interests, render a contract voidable (Barton v Armstrong). Traditionally, the common law concept of duress was limited to actual or threatened violence to the person of the…...
Business LawCommon LawContract LawEmotionJusticeLaw
Postal Rule
Words • 1397
Pages • 6
Wajid, a plumber, has a mobile phone contract with Telecom until 31st October. He has also had dealings with phone companies Webphone and Savaphone, with a view to getting a cheaper phone contract elsewhere. The current date is 7th October. Wajid has a problem in the area of agreement concerning the three contracts he has sought advice on. Agreement is the meeting of minds or actions of the parties to agree on a contract, within which are two sections, offer…...
Business LawCommon LawContract LawJusticeLawRules
The Current Law of Duress and Undue Influence
Words • 1994
Pages • 8
If a contract is entered into under duress or undue influence this could be used to make the contract defective. However duress and undue influence are only normally allowed in exceptional cases. For example if a person knows the terms of the contract they are entering into, they enter into the contract with their eyes open and receive independent advise than they won't be able to get out of the contract. However the law on duress and undue influence is…...
Business LawCommon LawContract LawJustice
Business Agreement and Requirement to Form a Valid Contract:
Words • 6059
Pages • 25
Table of content Introduction5 Content6 Task 1:6 1. Business agreement:6 2. Requirement to form a valid contract:9 Claim 1:13 Claim 2:15 Claim 3:19 Task 2: Explain the differences among conditions, warranties and innominate terms with examples to illustrate:22 Task 3: Law on standard form contracts:24 Claim 4:29 Conclusion32 Reference32 Introduction The knowledge of the law of contract is very importance when doing business. Law of contract is a part of Common law which focus on the formation and operation of…...
Business LawCommon LawContract LawJusticeLawRules
Contracts Notes
Words • 14254
Pages • 58
If one party pressures the contractual consent of another by duress the contract is voidable by that other party (See Also s 52A TPA and s 39 FTA). The common law has long recognised that duress, in the form of coercion of the plaintiff’s will through illegitimate pressure or threats to the plaintiff’s interests, render a contract voidable (Barton v Armstrong). Traditionally, the common law concept of duress was limited to actual or threatened violence to the person of the…...
Business LawCommon LawContract LawJusticeLawRules
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