Is there a valid contract between Danny and Rahul?

Body An offer can be defined in Section 2(a) Contract Act 1950 (here in after referred to as CA 1950) as “When one person signifies to another his willingness to do or abstain from doing, with the view to obtaining the assent of that to the act or abstinence, he is said to make a proposal”. Under the CA 1950 and English Law, an offer is something which is capable of being converted into an agreement by its acceptance. Rahul … Continued

Breach of contract

Introduction: A contract is described as “an agreement giving rise to obligations enforced or recognised by law” (Doolan, 2003), he continues to describe that a contract exists “when legally capable persons have reached agreement, or where the law considers them to have reached agreement” Doolan also illustrates that “The Law of Contract concerns itself with all contracts. Not alone does it apply to contracts worth considerable sums of money, but the same rules govern simple contracts, such as the purchase … Continued

Business Law Assignment

Mistake in contract law, is a factual misunderstanding that may lead to a failure of a meeting of the minds. Unilateral mistake is mean that is only one party is mistaken, but the other party knows, or ought reasonably to be aware of the mistake. Contract may be void or voidable. Void is a contract that is no legal effect. While, voidable is an agreement that may be affirmed or rejected at the option of one of the party. The … Continued

Common law

Introduction Unlike other civil law legal systems, such as the German one and the American one, United Kingdom’s (UK) and Hong Kong’s (HK) do not recognize the approach of general principle of good faith in contract law, as illustrated in Walford v Miles1. Yet, good faith should be promoted in UK and HK because one should value fairness in the whole course of dealing, from the point of pre-contractual negotiations till the discharge of he contracts. This essay aims at … Continued

Invitation to treat

Introduction A contract is formed when one of the parties has to accept an offer made by the other. Here, David places an advertisement in the local newspaper of a reward, ? 1000 for the safe return of each of his six cats. This shows he is making an offer to all the readers of the Daily Bungle. An offer is defined as follows: “An offer is a statement of the terms upon which the offeror is prepared to BE … Continued

Breach of contract – contract law

Spanish Contract Law provides a broad notion of breach of contract for any behavior that departs from the specified behavior in the contract in any way (time, quality, substance, etc. ) or is not specially justified on legal grounds (actions forbidden by the government are not breaches since they are justified on a legal ground). The general benchmark to determine breach is the contract agreed by the parties themselves, and not external notions. However, external notions are used in important … Continued

Contractual term

“The mere existence of the core elements of offer, acceptance, and consideration will not guarantee a legally enforceable contract”. Discuss. A contract is an agreement which normally consists of an ‘offer’ and an ‘acceptance’ and involves the ‘meeting of the minds’ or consensus between two or more parties with the intention to create a legally enforceable binding contract. Therefore in this essay, the four core elements needed for the formation of a contract such as offer, acceptance, and consideration and … Continued

Contract Law

By the case of Hughes v Metropolitan Railway Co the doctrine of Promissory Estoppel was establish and the derivation of modern doctrine of it is to be found in the The doctrine of Promissory Estoppel was first developed but was lost for some time until it was resurrected by Lord Denning in the leading case of Central London Property Trust Ltd v High Trees House Ltd. Promissory estoppel There are three exceptions to the rule in Pinnel’s case. They are … Continued

Law of contract

John, a homeowner, answers the telephone and listens to a solicitor make a five-minute sales pitch for Weed Gardening Services. John responds, “No, thank you,” and hangs up. Two days later, John returns home from work to find a crew gardening in his yard and a bill for $200 sitting on the porch. When John tells the Weed representative that he never asked for this service, Weed responds by saying, “It looks much better, doesn’t it? You got the service, … Continued

Contract and Chou

The case scenario under review by our team includes a contract law situation involving a board game company and a game inventor. Big Time Toymaker (BTT) is a board game company which develops, manufactures, and distributes board games, and Chou is the name of the inventor of a new strategy game. In this scenario, what began with a payment made from BTT to Chou for exclusive negotiating rights for 90 days, ended in a change in management at BTT, leading … Continued

Breach of Contract

1. How the contract was allegedly breached, 2. What defenses may be available to the defendant, and 3. What remedy (or remedies) may be available to the Plaintiff. Charlize Theron has settled the $20 million breach of contract lawsuit against her, according to papers filed in Manhattan Federal Court Monday. The suit was filed last year, when Swiss watchmaker Raymond Weil claimed that Theron had worn a Christian Dior watch during a press event in 2006, despite being paid “substantial … Continued

Music Contract

This contract, entered into on the ____ of _________, 2012, is for the professional recording of ‘Projects’ represented by Samantha (client) for the recording session described below. The undersigned employer (S. N. E. ) and the undersigned client agree on the contract as follows: Client agrees to be personally and individually liable for the terms of this contract. S. N. E hereby engages and employs musicians for exclusive personal services, providing them with a wide range of recording equipment and … Continued

Construction Contract

1. What is a Construction Contract? A construction contract is a legally binding agreement between two parties under the terms of which one party agrees to perform a specific job for which the other party agrees to pay. This type of contract covers very expensive and complex as well as simple projects. There are two types of clients that use construction contracts namely residential and commercial. A residential construction contract includes three basic elements. They are project scope, schedule of … Continued

Aspec of Contract

Learning outcomes and criteria covered by this assignment: ? ? ? All pass criteria All merit descriptors All distinction descriptors Key dates: Assignment distribution date to learners: Assignment/Portfolio submission date for TASK 1 & 2: Assignment/Portfolio submission date for TASK 3 & 4: Assignment/Portfolio returns date to learners (if applicable): 13 May 2013 19 June 2013 31 July 2013 10 September 2013 Page 1 of 11 BTEC HND in Business/ Aspects of Contract and Negligence for Business/May 2013 -BLANK PAGE- … Continued

What Is Contract

According to Section 2 (h) of the Indian Contact Act, 1872, “A contract is “an agreement enforceable by law”. A contract therefore, is an agreement the object of which is to create a legal obligation i. e. , a duty enforceable by law. From the above definition, we find that a contract essentially consists of two elements: (1) An agreement and (2) Legal obligation i. e. , a duty enforceable by law. As per section 2 (e) “Every promise and … Continued

Understanding the Similarities to Strain Theory and General Theory of Crime

In my research I found that the strain theory has many components. Strain theory was developed from the work of Durkheim and Merton and taken from the theory of anomie. Durkheim focused on the decrease of societal restraint and the strain that resulted at the individual level, and Merton studied the cultural imbalance that exists between goal and the norms of the individuals of society. Anomie can be broken down into two levels. The first of these levels is the … Continued

Labour Law and Practice in Australia

However with years the number of Australian workers in unions has decreased significantly. Much of this decline has been attributed to the changing pattern s of work in Australia. According to the Bureau of Statistics in Australia there are many people who are taking multiple jobs with many opting to take part time jobs. Another major reason that has been cited to be the cause of the decline in the membership in unions includes the failure of unions to carry … Continued

Employment law

The changes introduced into the Workplace Relations Act by the Work Choices Act represent a definitive and radical break from the historical tradition of Australian labour law. The amending legislation cemented in place a predominantly market-based orientation to the Australian system of labour law. It was in the year 2005 that an amendment was made in the Work Choices Act which did away with the laws regarding to unfair dismissal. In addition the no disadvantage test which had always been … Continued

Freedom of the employees

Secondly, Werhane and Radin’s perspective does not necessarily account for employment decision-making, as they claim. The introduction of due process within corporation invariably results in higher costs. While due process ensures that costs cannot readily be curtailed through retrenchment, the effect is telling on future employment: employers hire less, more rigidly define tasks, employees’ positions are seldom permanent, and overall unemployment inevitably (and obviously rises). Another argument against EAW posits that it is detrimental to the individual freedom of the … Continued

Individual rights

Similarly, for a worker, an employment opportunity presents a chance to offer his/her services against remuneration. If for some reason such employment does not satisfy the individual – the conditions of work may be unsuitable, there could be better opportunities elsewhere, the demands of the position may go beyond one’s given duties, etc. – s/he may decide to willfully terminate the contract. Here, the choice of pursuing the work remains firmly with the employee, assuming that s/he is a diligent … Continued

Employment at Will: A Defense

The doctrine of Employment at Will (henceforth, EAW), is a much contested principle in American law, though the contestation itself is more a 20th century phenomenon. EAW is essentially a common-law doctrine, which reserves the right for any employer to hire employees or to terminate their contracts as they please, as long as there are no regulations or laws which govern such actions (Werhane and Radin, p. 113). Similarly, employees enjoy the right to leave their positions if they so … Continued

Human Resource Management Practice

The University wants to know about the applicants criminal records and if they were ever charged how serious was it. This is expecting a lot of information as one is required to state exactly what they did and the penalty. This will discourage someone from applying especially if it is someone who has reformed and wants to start all over. People need to be employed on the basis of what they can do and not in relation to what they … Continued

Law makers

Every organization seeks to recruit qualified personnel who are honest and will portray a good image of the organization to outsiders. For them to hire such individuals they have developed better ways that complement the use of resume. The employment application is therefore a modern way by which organizations use in the recruitment of new staff. It is designed in such a way that there is a place for signing which seals and ensures that all the information given is … Continued

The Supreme Court

In January 3, 1972, Philip Paradise, Jr. filed a civil action alleging that the Director of Alabama Department of Public Safety and the Director of the Alabama Personnel Department was engaged in a continous and pervasive patterns and practices of excluding black from employment in Public Safety in violation of the Fourteenth Amendment to the Constitution of the United States. The District Court then issued an order imposing qouta and requiring the Department to refrain from engaging in discrimination in … Continued

Employment discrimination

Since America achieved its independence, freedom was bestowed over Americans. The freedom that they had experienced have been improved through time because the citizens were able to live without intervention from foreign nations. The freedom exercised by the American citizens was further strengthened by including in its Constitution the freedom of the press, of expression and of the religion. However, though free, many of the citizens did not enjoy the freedom enjoyed by other Americans, especially the white Americans. Through … Continued

Kuhn Appeals Suspension

An eighteen department veteran and vice president of the 13,000-member Redford-based Police Officers Association of Michigan is filing a complaint against the city of Saginaw, Michigan and police chief Gerald H. Cliff claiming unfair labor practices. The charge stems from an incident involving personal opinions Kuhn made in an E-mail through his city account. The city is claiming that Kuhn’s E-mail was in violation of a municipal policy that states, “E-mail is not to be used for conflict resolution or … Continued

Policy problems

There is good reason to conclude that affirmative action is just the latest battle in a centuries-long conflict between two visions of human social reality and human possibilities. Affirmative action is a product of what Thomas Sowell calls an unconstrained vision of human moral and social possibilities, a vision ‘in which man was capable of directly feeling other people’s needs as more important than his own, and therefore of consistently acting impartially, even when his own interests or those of … Continued

Anti-discrimination policies

If managed effectively, anti-discrimination policies and practices generate important management information and help to shape desirable behavior through the ‘boundary setting’ of policies and codes of conduct. In addition, personnel information systems and regular ‘health checks’ in the guise of attitude and climate surveys can monitor the progress of specific groups and the environment in which they operate. It is on this solid platform that diversity management policy and practice can be erected. Therefore, fairness in employment is likely to … Continued

Costs of employment discrimination

To the organization, the costs of employment discrimination can be measured in several ways. Barrett (1998) states that one can examine the legal costs to organizations that ensue when employees initiate discrimination lawsuits. However, the more important costs of employment discrimination cannot be easily quantified with simple numbers and statistics. These are the psychological, physical and mental outcomes of discrimination experienced not only by the individual, but also by the organization. The damage done to targets of employment discrimination and … Continued