...that the conditions on the overleaf were so related. The Ministry also believes that all that was done to give the Minister notice was the single sentence above the space provided for his signature which read “Please read Conditions of Contract (Overleaf) prior to signing”. The Law The law is clear that when a party signs a contract where there is no misrepresentation or fraud it signifies that the party has read the contract and has agreed to all terms therein the contract and is therefore bounded by the contract. In the case of L’Estrange v. Graucob (1934) 2 KB. 394, L'Estrange signed an agreement to purchase a cigarette vending machine from Graucob. The agreement contained a term which said “This agreement contains all the terms and conditions under which I agree to purchase the machine specified above, and any express or implied condition, statement, or warranty, statutory or otherwise not stated herein is hereby excluded.” When the machine was delivered to L'Estrange it was found to be faulty so L'Estrange rejected it claiming that it was not fit for the purpose for which it was sold. Graucob claimed that the agreement expressly provided for the exclusion of all implied warranties. L'Estrange said although she did not read the agreement she did sign it intentionally. The Judgment that was handed down by Scrutton L.J. stated “When a document containing contractual terms is signed, then, in the absence of fraud, or, I will add, misrepresentation, the party signing it...
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...ALL CONTRACTS ARE AGREEMENTS BUT ALL AGREEMENTS ARE NOT CONTRACTS 1 – INTRODUCTION A contract is an agreement between two parties that creates an obligation to do or refrain from doing a particular thing. The purpose of a contract is to establish the terms of the agreement by which the parties have fixed their rights and duties. Courts must enforce valid contracts, unless one party has legal grounds to bar enforcement The Law of Contract is that branch of law which determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties. Indian Contract Act, 1872 came into effect from 1st September, 1872. It extends after independence to whole Pakistan and known as “Contract Act, 1872”. Contract law is based on the principles expressed in Latin phrase; “PACTA SUNT SERVANDA”. The meaning of this phrase is “agreements to be kept”, but more literary means “PACTA” is `must be kept`. "An agreement enforceable by law is a contract. It is clear these definitions that the there elements of a contract ore (a) Agreement Contractual Obligation (b) Enforceability by Law. For Example: X invites his friend to tea and the latter accepts the invitation. This is a social agreement not a contract because...
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...we say all contracts are agreements but not all agreements are contracts because an agreement may not be enforciable by law while a contract is beyond mere agreements SINCE A CONTRACT IS ENFORCIABLE BY LAW. this is because, in order for it to be termed "contract" it must have certain elements such as offer and acceptance, consideration, permissible subject matter, legal age and mental ability to enter into a contract and finally one must have an intention to form a contract. Capacity of the parties to enter into contractual agreement. Anyone can enter into a contract, except minors, certain felons and people of unsound mind. The contract must identify who the parties are; usually names are sufficient, but sometimes addresses or titles may be used. In sales agreements, for example, in addition to names, "seller" and "buyer" are sometimes used to further describe the parties. Consent. A valid contract also requires the parties' consent, which must be free, mutual and communicated to each other. Consent is not free when obtained through duress, menace, fraud, undue influence or mistake. Books have been written about the complexities of those factors. Obviously, a person who signs a contract because there's a gun pointed at his head hasn't consented to the agreement and can rescind it. All cases, of course, are not that clear-cut, and the law must applied to each individual case. Also, consent isn't mutual unless the parties agree on the same thing in the same sense. This is...
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...All contracts are agreement but all agreement are not contracts Answer; 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 be entered into freely and should be possible to perform. An agreement is a form of cross reference between different parties, which may be written, oral and lies upon the honor of the parties for its fulfillment rather than being in any way enforceable. All contracts are agreement because there must be mutual understanding between two parties for a contract to be formed. All parties should agree and adhere to the terms and conditions of an offer. The following cases illustrate ways in which all contracts are agreements; In the case of invitation to treat, where an invitation to treat is merely an invitation to make an offer. When a firm's offer is accepted it results into a contract provided other elements of contracts are accepted. Considering person A buying a radio on hire purchase from person B who deals with electronics and its appliances. Both parties must come to an agreement on payment of monthly installment within specified period...
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...Teachers, AFL-CIO he following questions are based on the labor agreement between Rutgers University and the Union of Union of Rutgers Administrators American Federation of Teachers, AFL-CIO. Rutgers University is considered to be the eighth oldest university in the United States. Rutgers, formally known as Queen’s College, prior to 1924, was an all-male school until 1918, when women were admitted to the university’s Douglass Campus, which was New Jersey College for Women. Today, Rutgers University, which has campus locations in Newark, New Brunswick, Camden and several others, consist of more than 58,000 students, 43,380 undergraduate students, 14,800 graduates students and 13,000 faculty and staffs. In 1970, Rutgers Council of American Association of University Professors (AAUP) Chapters was formed and throughout the years have formed separate collective bargaining units for employed graduate students, part time faculty, police personnel and educational opportunity fund counselors. In 2007, the American Associate of University Professor became affiliates of the American Federation of Teachers (AFT). (Rutgers History) 1. Give the name of the union and the employer covered by the agreement. The name of the Union of Rutgers Administrators-American Federation of Teachers, AFL-CIO and Rutgers, the State University of New Jersey 2. Effective dates of the agreement. The effective date of the agreement is from July 1, 2007 through June 30, 2011 3. Identify who is...
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...enter into this contract with ______________ known as director of Daily Packaging Ltd. on 17 October 2013 This agreement is based on the following provisions: 1. The Hogwarts supporting team with ______________director, as responsible for a payment, is buying 10 machines from Daily packaging Ltd. With ____________ director, as responsible for a delivery. 2. The payment is doing by two parts, with the last one after machines delivered, with deadline of delivery 17 January 2014 3. In case of late delivery or late payment, the late side should pay 100 (one hundred) euro extra for each next day after deadline. 4. In case of severe cancellation from any part a penalty which is needed to be payed to another partie goes to 1000 (one thousand) euro. 5. The contract longs for 10 years and means to be used ones and any other time both sides will be agreed on this statements again. Furthermore, the First Partie agrees: Me, _______________ taking liabilities for giving a payment for the 10 machines of Daily Packaging Ltd. To _____________ in a summ 2300 (two thousand three hundreds) euro during next tree month with deadline 17 January 2014. and the Second Party agrees: Me, ____________- taking all delivery costs and charges for delivery and liabilities for a machines warranty for a 6 months, starting after the date of machines delivery and any training course for the machine operators. Invalidity or unenforceability of one or more provisions of this agreement shall not affect...
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...* Negotiations * “The perfect negotiation” * Phase 1-Preparation * Decide what you want and prioritize your wants -High importance: those you must get if you are to agree at all. -Medium: those that you would prefer to attain, but are not critical -Low: those that you would like to attain, but would not let them jeopardize the deal Assign ranges of possible values to each want Ex: 100-150 euros or “will deliver by Friday” * Phase 1- Preparation Issues Wants Importance Entry Exit Problems your ideal high, med, low should be walk reasonable away * CHECKLIST FOR PREPARATION 1. What are the negotiable issues? 2. What do you want for each? 3. Rank each by it’s importance to you * -High absolutely critical – certain or no deal * -Medium – important but not critical * -Low – like to achieve but would not sacrifice the deal if not obtained 4. What are your entry and exit limits? 5. Entry terms should be reasonable 6. Exit terms are your “walking away” positions 7. All prepared positions could be revised if circumstances suggest changes are advisable * Phase 2-Discovery -Ask open ended questions “How’s business?” “What do you hope to get out of today’s negotiation?” -Listen for clues to what they really want, take notes, the more they talk the better -What criterion are you using? What are your priorities? How do you calculate those numbers? How do you feel about...
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...German. The buyer makes it clear that he was not an expert on German paintings; although the seller should examine the painting himself before putting the painting up for sale. The buyer brought the painting which later on turned out to be forgery which is in fact illegal. The court of appeal held that he could not cover his purchase price from the seller since he had not relied on the description in making the purchase; therefore, it was a misleading sale by the description. Consumer credit acts 1974 and 2006 This act applies to businesses that give money or offer goods and services on credit; these kind of organisations need to be licensed by the Office of Fair Trading. This act regulates how their advertising must be done, credit agreements and all other...
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...all of the major scientific journals, including Nature and Science. In 2004, Hotamisligil was able to demonstrate that excess fat, by itself can cause stress signals and medical problems. In the field of metabolic health and disease it is clear that Hotamisligil has played an extremely important role in its development, with his numerous contributions and many publications in the field. Since starting his career back in the 80s he helped to shape the modern view of metabolic health and took important steps towards understanding underlying causes of Type 2 diabetes and metabolic disease. 2. The agreements between Syndexa and Harvard were complex because the agreements required exemptions to many of Harvard’s internal policies and issues on conflicts of interest. Although both Harvard and Syndexa recognized that a simultaneous execution of a license and sponsored research agreement was necessary. The negotiations between Syndexa and Harvard was not atypical,...
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...Garima Sharma has quite some experience in terms of handling relationships : she was the head of human resources at Norton Network for 10 years before joining Ferro, and has been entrusted by her husband to organize Metal Star's representative, Sheikh Yusuf's trip to India to inspect the product he coveted. We believe her decision to release the shipment was a wise one for many reasons. First of all, 45% of Ferro's revenues come from foreign operations, 5 of the top 10 Ferro's clients are foreign, and although Metal Star isn't one of them, it cannot be ignored as the company had agreed to buy 6 machines for 10 million INR. Plus, with both the domestic and foreign competition that can offer pretty much the same high-quality machines at lower prices, Ferro needs every deal they can strike in order to manage to get the company through with its investment plan and get up to speed in terms of cutting-edge technology. In a nutshell, Ferro needs to find a solution which satisfies both parties. Garima is known to have a good and quick understanding of people's traits, which makes her able to offer customized treatments to her clients, even during turmoiled times (i.e payment crisis with Sheikh Yusuf). And this is exactly what she has done by finally agreeing to split the demurrages between Ferro and Metal Star before eventually releasing the machines to Yusuf, in hope of receiving payment. I don't think there would have been any better solution, as some other ways have already...
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...Dankers Our first meeting took place on the 20th of Febuary 2013. We discussed what parts each of us were doing and scheduled the tasks each of us have to complete. We are going to try and do most of the project as a group so that we agree with each other. We plan to meet twice a week to discuss our plans. Week 1 | March 4st-8th | Choose our particular operations model that best suits Dankers. | Week 2 | March 11th-15th | We will meet up and discuss the work and research we have all carried out. | Week 3 | March 18th-22nd | We will begin to combine and collect our information and start to build the plan. | Week 4 | March 25th-29th | At this stage we hope to have completed the plan giving us time before the due date. | We have divided the parts equally into the following parts: X will research different operations models, using course concepts and ACS. X will look at customers perspective and what would best suit them. X is going to look at market expectations and research what would be the best way for Dankers to forward into their new venture. Challenges: Some challenges that we might face is agreeing on the plan that best suits Dankers. This is why we have agreed to meet twice a week so that we all agree with each member is putting into the plan. We do have a due date so we have made a timetable that will make sure we have it done on...
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...First Nations peoples to a dedicated land claim elsewhere. As a result, Treaty Nine (also referred to as “The James Bay Treaty”) was established on July of 1905, between the Government of Canada, in the name of King Edward II, and various First Nations groups in Northern Ontario (Treaty Texts, n.d.). The Ojibwa and Cree were two key groups involved in the signing of this treaty, representing their people in agreement with the government's terms. They had the basic idea that the treaty was one of sharing and friendship and their goal was to establish a relationship with the government of the day, where they could share the land and take part in the decisions affecting it (The Mushkewgowuk and Anishinaabe Peoples, 2009). They were poor and needed assistance, blindly welcoming the opportunity to start a discussion and enter into a treaty with Canada, which was thought to be an agreement that would bind each party together in good faith (George MacMartin's Big Canoe Trip, 2014). Hunting, fishing and trapping rights were of great significance and needed to be secured in an agreement with the government but the Indians also needed monetary help, schools for their children and to know that they would not be interfered with in their traditional lifestyles on the land and waters. Nevertheless, oral understandings of the treaty show that what was discussed and agreed to by the Indian peoples was not reflected in the written treaty; there is a problem concerning the verbal promises and especially...
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...In “I Spy” several themes can be discovered. However, the theme which our group noticed right away was the “Parent-child-relationship” and more specifically the “Father-son-relationship”. In the very beginning of the text we are told that the boy does not like his father (notice p. 534, lines 22-25) Several times in the short story it is outlined that Charlie is actually terrified of him. In contrary to this he adores his mother (see page 534, lines 25-27). Not until the father is taken away Charlie feels that he loves him (537 bottom). In our group we believe that this sudden feeling of love for the father is due to Charlie wanting his mother to himself. When talking about this with the other groups it led to a discussion whether or not this is a picture [jk4] of Freud’s Oedipus complex. Some did not agree on this since the complex occurs much earlier in life. Besides this some argued that Oedipus did not know his parents which Charlie does. But since Freud was just showing the main idea of the myth instead of using it literary,[jk5] the claim that the short story is also about “Freud’s Family Romance” is still supported. The fact that Freud was becoming very popular in England at that time could furthermore speak for this being the right interpretation. Therefore some agreed that Charlie could just be in the middle of an unsolved Oedipus complex. Another theme within the short story could be manhood. This theme is, however, slightly connected with the abovementioned...
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...Meeting held on the 20th of August 2015 Attended: Junior, Vijen, Ashley, AKA Joe, PV, Jackie and Inam 1 Trustees to assist 2 Nothing we agreed on gets done 3 Eton close and Ille De Capri should have a common guard at the entrance 4 Gate next to the skipper should be fitted by tomorrow 5 Quotes require for about 8 wireless cameras 6 Urgent plumbing should be sorted out urgently 7 Need to follow up on the roof leak at Unit 46 8 Need to get the agreement between Eton close and Ille De Capri for the use of Ille De Capri’s entrance 9 Speak to Eton close about installing boom gates 10 Sticker system should be in place by the 01/09/2015 11 We all must speak less, think more and not make accusations 12 We all should send emails to Inam to send a weekly email to Garreth, Garreth should give feedback within 7 days 13 Residents to speak to Jackie with issues, Jackie to contact Garreth, Garreth to mail the trustees 14 Cutting of electricity should be implemented, notice should be served to the owner before cutting. 15 Last agreement between ADT and Ille De Capri required 16 when having parties at the Lapa only a certain amount of people should be allowed. Once visitors parking is full visitors need to park outside the complex. If the lapa is not cleaned after a party the owner will be liable for the cost of cleaning. 17 Trustees to focus on their portfolios, other there are welcome to give...
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...Management tips: A productive meeting Dr. K. Kuhathasan CEO: Cenlead Whether the meeting is conducted electronically or conventionally, its success depends largely on how effective the leader is. If the leader is prepared and has selected the participants carefully, the meeting will generally be productive. The meeting leader is the person most responsible for keeping the ball rolling. If you're the leader, avoid being a dominator, but don't be so passive that you lose control of the group. If the discussion lags, call on those who have not been heard from. Pace the presentation and discussion so you will have time to complete the agenda. As time begins to run out, interrupt the discussion and summarize what has been accomplished. Another leadership task is either to arrange for someone to record the proceedings or to ask a participant to take notes during the meeting. As the leader, you are also expected to follow the agenda; participants have prepared for the meeting on the basis of the announced agenda. However, don't be rigid. Allow enough time for discussion and give people a chance to raise related issues. If you cut off discussion too quickly or limit the subject too narrowly, no real consensus can emerge. As the meeting gets under way, you will discover that some participants are too quiet, others too talkative. To draw out the shy types, ask for their input on issues that particularly pertain to them. You might say something like "Sunil, you've done a lot of work in this...
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