Topic Two Contract Law: Formation of Contracts [A] Introduction Contract law concerns with regulation of the legal relationship of the parties to contracts. A contract is an agreement having legally binding effects on its parties. In other words, generally speaking, the party who broke the contract has to compensate the innocent party for his loss. How to form a contract? All the 4 following elements are needed for forming contracts: - a. Offer b. Acceptance c. Intention
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Under English law a contract is defined as “an agreement made between two or more parties which is legally binding on them”. Jones, L., p.87. For a contract to be binding it must contain the elements of agreement, consideration, intention to create legal relations, compliance and the capacity to contract. A contract can be made verbally, by conduct or in writing. Contracts may also be bilateral or unilateral in nature. Agreement means there
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Question 2 (a) Under contract law, this problem is engage with the postal acceptance rule which is a ‘term of common law contracts which determines communication between the parties by mail when a contract has been composed. The basic idea of the rule is to accept offer that is sent before received the revocation of the offer. However, if a communication is sent rejecting the offer, and a later communication is sent accepting the contract, then the first one to be received by the offerer will prevail’
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Element of contract The objectives of element of contract are to explain the requirement of a valid offer and acceptance which lead to the formation of a contract provided other essential elements, In other word intention to create legal relations and ,in most cases, consideration are also present. problem also arise in connection with the need for writing in some cases and the capacity of the parties. That it decides that where an offer is in the form of a promise for an act, the performance of
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dispatch of electronic communications 3 Time of receipt of electronic communications 3 Place of dispatch and receipt of electronic communications 4 Attribution of electronic communications 4 Types of online contracts 4 Shrinkwrap contracts 4 Clickwrap contracts 4 Browsewrap contracts 5 The position in Australia 5 Domain names 6 Cybersquatters 6 Remedies 6 Passing off 7 The position in Australia 7 Enforcement of judgements outside of Australia 8 Dispute resolution policies 8 Jurisdiction
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/term/representation/condition/warranty questions (1) Decide whether the parol evidence rule applies. The rule only applies if we have a document that seems like it is a complete contract (containing all necessary terms) between the parties, and someone is trying to introduce new oral statements as terms. The court will not do this (the new statements are not contractually enforceable- they are not part of the written contract) unless one of the following exceptions applies: (i) an error is made (mistake)
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Question 2 The general rule is that silence cannot amount to acceptance. The rationale behind this is based on the idea that acceptance must take some form of objective manifestation of the intention of the offeree (i.e. the party to which an offer has been made) to accept the terms of the contract. Such intention is usually best expressed though some form of positive action. This is so as to ensure that no one can enforce a contract upon an unwilling party. Case : Felthouse v. Bindley (1826)
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of contract. Clarify the question The issue in this case is whether… List out Elements of that related topic Offer + Acceptance + Consideration + Intention to create legal relations + Contractual capacity Define the terms An offer is a definite promise or proposal made by the offeror to the offeree with the intention to be bound by such promise or proposal without further negotiation. (Srivastava, 2012) Refer the related case law with judge statement help to state general rules: According
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LA TROBE UNIVERSITY SCHOOL OF LAW BUSINESS LAW (LST2BSL) Information –class test Date: Monday 11 May at 10.am Duration: 60 minutes with 10 minutes reading time. The class test consists of 20 questions worth 1 mark each. The class test is open book but you may only bring the prescribed (or similar) text and lecture slides into the class room. The mark is 20% of the overall mark for the subject. Topics to be covered: 1. Separation of powers
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question demands us to describe the reasons, whether there is a valid contract formed between Yatie and Tina or not. They both are business partners who live in different countries. According to the Section 2(h) of the Contracts Act of Malaysia, a Contract is an agreement enforceable by law. It is an agreement that binds the parties who enters into it and it can be enforced against one another. An agreement enforceable by law can be formed with certain elements present in it. These elements include
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