Contract

While Mathieson Gee thinks that the contract is just about the hire of equipment, Quigley thought that they would remove the silt at his house. However, we should have a look if, in the first place, there is a contract at all. In order to have a conclusion of a contract, consensus in idem has to been reached subjectively or objectively. It means that what is important in a contract is if an objective person would have understood the parties to have reached a contract, if she was a witness.…

1. Wendy v Hook 1.1 Issues Wendy must prove there was an agreement, and the contract was certain. 1.2 Agreement Was there an offer? Firstly, it must be determined whether Hook extended an offer or an invitation to treat. The language used by Hook, “would you be interested”, is more akin to an invitation to treat than a firm offer. Hook could argue he was simply informing Wendy about the existence of a job vacancy. However, in contrast to Gibson, Hood did not invite an application but already…

Complainant’s Position The analysis of Ron engineering case is the leading Supreme Court of Canada decision on the law of tendering for contracts. The case concerned the issue of whether the acceptance of a call for tenders for a construction job could constitute a binding contract. Ron engineering wanted their refund for 150,000$ deposit they did but afterwards realize they made a mistake. A call for tenders was sent out in order to get the $150,000 back which would be lost if the tendered…

As requested for consideration in mediating my breach of contract lawsuit against Family Grape Producers, the following outlines the facts: • Case Facts • Material Terms of Contract at Issue • Legal Concerns • Requested Remedies • Conditions for Achievement of Settlement Case Facts The relationship between myself and Nemeth Family Produce (NFP) began with a discussion at a religious service between Lora Lee Nemeth of NFP and myself. At the time of our first meeting, Lora Lee Nemeth led a…

humans is the fact that we enter more and more contracts as working adults. Why does everyone seem to want to enter a contract in recent times? Where do we go when things are so convoluted or cryptic in the fine print of a simple download or update. How do we get answers for the contracts that we are aware of moreover, how do we defend against those that we are unknowingly a part of? How challenging might it be for us to interface with a false contract that does not offer any validity or merit. …

Sally Walker is one of a mistreated sales contract. When Sally Walker purchased the laptop from Takem’s Applicances & Electronics, she entered into a sales contract in which she promised to pay for the laptop. The specific terms of the contract are unknown, as to the price Sally agreed to pay Takem for the laptop, the time period over which the payments would be made, if the contract was written or oral, and so on. It is even unknown whether the contract is even valid at this point. Assuming…

Association case was very interesting. The Aslakson family joined into a conditional sales contract in order to buy a mobile home. A conditional sales contract is a when an individual signs a contract which allows the individuals to take the property, in this case a mobile home, but will not receive the title until the buyer receive the full purchase amount. Four years after signing the sales contract the Aslaksons decided to join into a purchase agreement, which allows them to sell the…

Implications of Christian from a Contractor’s Perspective Because the Court of Claims ruled that there were certain clauses that are automatically assumed to be included in a contract (despite the clause being absent), the main risk that the Christian Doctrine poses is that contractors are unsure about the contract’s terms and conditions, presenting the risk that the doctrine will be inconsistently applied. Theoretically, however, the Christine Doctrine protects the contractor’s rights too. This…

Question 1 Under Scenario one, it’s likely that CompuMac will be able to claim damages for breach of contract, including a refund of deposit. Under Scenario two, it is likely that CompuMac will be required to pay the balance amount to BestCoach. This advice will be in four parts. Part one will show that there has been a valid contract between CompuMac and BestCoach even though it was Peter who paid the deposit to BestCoach. Part two will show that there is an implied condition that time is of…

emailed to Bob. After sending his acceptance by letter, Bob then decides to withdraw from the contract and uses a more direct method of communication i.e. a message on Carl’s answering machine, to do…