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  • What Computes A Legal Contract Or Offer?

    Alice and Mark depends on whether a legal contract had been formed between the parties. a) Whether an offer was made by or to Peter? b) Had the offer been accepted by both the parties? A Contract is an agreement made between two or more people that creates legal rights and obligations that are enforceable by the courts (Miles et al, 2013, p.281). Elements such as Intention, Offer, Acceptance and Consideration are essential to the validity of a contract. Peter is the owner of a ‘Sofa Store’ and…

    Words: 926 - Pages: 4
  • Contract Betwee Advantages

    The law classifies among contracts of service and contracts for services. “A contract of service means there is an employer–employee relationship; a contract for services means there is a principal–independent contractor relationship” . A series of tests have been established to distinguish the working relationship of a person to understand if they are an employee or not. The Court of Appeal located terms of written contract between an employee and an independent contractor. In the ERA the test…

    Words: 1346 - Pages: 6
  • Case Study: Whither Contract Law

    “Whither Contract Law” Lindsay Dykstra #339486055 “What good is contract law? Who uses it? When and how?” These questions asked by Stewart Macaulay in his seminal paper on contract law and the market are still just as relevant today as they were 60 years ago. Research on contracts since Macaulay, that is to say, the legal documents that evidence marketplace exchanges, show that contract are used less or more in different transactions depending on the circumstances, nature of the parties and…

    Words: 3347 - Pages: 14
  • Royal Perogative Contract: A Case Study

    1. Introduction Electorate Officers (Eo’s) are employed by Department of Premier and Cabinet (Dpac, House of Assembly, HoA) or Legislative Council (Leg Co) on a contract called a Royal Perogative Contract. Eo’s are employed to perform all office functions which are the same duties regardless of which house you work for. This contract runs for the term of Government, (whilst the Member of Parliament is elected). Staff employed by Leg. Co are employed for a term of six years, and are managed by…

    Words: 866 - Pages: 4
  • Four Elements That Make A Valid Contract

    A contract is a settlement creating requirements enforced by law. A contract is made up of four elements, which makes a contract valid. These elements are agreement, consideration, contractual capacity and lawful object. Agreement, to make a contract enforceable, there must be a settlement between the parties. This requires an offer by the offeror and an acceptance of the offer by the offeree. There must be mutual assent by the parties (Cheeseman, Henry R (2013). These four elements constitutes…

    Words: 895 - Pages: 4
  • Three Factors: The Formation Of A Valid Contract

    to have written verification of what was said, what has been agreed upon, and for how long if a time frame is presented. In the process of forming a contract all individuals involved have to realize that a valid contract includes agreements, consideration, contractual capacity, and legality. Beginning with agreement, “an agreement to form a contract includes an offer and an acceptance,” according to Roger Miller. An offer can be viewed as a promise or commitment. Roger identified three elements…

    Words: 702 - Pages: 3
  • Construction Contract Case Study

    Introduction In construction sector, construction contract will be used. Inside the construction contract, there mainly including length of project, complexity, size of project, and the price that has been agreed. In the case Modern Engineering (Bristol) Ltd v. Gilbert-Ash Northern (1974) AC 689, it mentioned that construction contract is for selling goods, services, and labour, which is lump sum price payable by installment according to the work done. This shows that the contractor have…

    Words: 1404 - Pages: 6
  • Disadvantages Of Social Contract Theory

    In order to judge a situation using Social Contract theory, we have to understand a few principles behind the theory first. These include the Social Contract, John Rawl 's Principle of Justice, and the Difference Principle. Using these three ideas, we can determine what constitutes a community of people, what makes a moral rule correct, and which correct moral rules would be accepted by a community of people. The Social Contract is this idea that when people come together to form a community,…

    Words: 834 - Pages: 4
  • The Pros And Cons Of Contract Law

    A contract represents “a mutual agreement between two or more parties that something shall be done or forborne by one or both”, signifies “the supply of certain articles” and implies “ the performance of the specified work at a certain price, rate, or commission”(Harder, 2013). Every contract should be legally enforceable, even one not in writing. Although proving the existence of the contract may be harder if it is not in writing, it may still be formed. In case one and two, both of the…

    Words: 1169 - Pages: 5
  • The Social Contract By Rousseau

    “The Social Contract” was Rousseau’s most important contribution to his time, and to philosophy in general. It played a key role in establishing governments after the American Revolution and French Revolution. He brought to light these new ideas, and they would have a lasting effect for the years to come. Going hand in hand with Rousseau’s “The Social Contract”, his “Discourse on Inequality” provides many key points and factors left out. While “The Social Contract” gives a solution to failures…

    Words: 1065 - Pages: 4
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