Contractual term

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    1) SCULPTURa v Eric The agreement between SCULPTURa (S) and Eric (E) contains clear express terms: E is to supply a suitable piece of his land to accommodate S’s major art exhibition for a rental fee. Contractual rights and obligations can either be written, oral or inferred by conduct. Since there was no formal contract drafted between S and E, written or signed by either party, this agreement is, therefore, an oral contract; legitimised by both a handshake and consideration in the form of payment. The first issue for the courts is to determine whether E’s pre-contractual statement, his land is suitable for installing a marquee, is a legally enforceable pre-contractual term that could lead to a successful claim for breach for misrepresentation,…

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    Thomas V Bobby Case Study

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    expert or has specific knowledge in art dealing. Therefore, Thomas is not a merchant. Bobby is an “art buff,” but besides having an interest in art, there aren’t any facts to support he has specific knowledge or expertise regarding art purchasing and dealing. Therefore, Thomas is not a merchant. Offer An offer is an outward manifestation of present contractual intent to be bound by an agreement with definite and certain terms communicated to the offeree. Bobby offered to buy Thomas’s…

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    Kitchin LJ discussed the idea that Rock’s payment of £3,500 would be bound by the rule in Foakes v Beer. This suggests that “an obliger by paying all or part of a due, liquidated, and undisputed obligation suffers no detriment he is not bound to suffer” . From this, Arden LJ, acknowledged that this was a credible interpretation of the contractual position. However, Arden LJ added that her initial view was that the parties entered into a ‘collateral, unilateral contract’, suggesting only one…

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    B2C, on the other hand, refers to transections between a business and consumer. An example of this kind of transection is a store, which sells products to its local consumers. Both B2B and B2C contracts may face some challenges, more particularly with unfair contract terms. The terms of a contract are the statements that describe the rights and obligations of each party to the agreement. Terms are all the matters agreed between the parties about what is to be done, how it will be done and…

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    Miller presents a strong case, however he overlooks some crucial characteristics and therefore arrives at the wrong conclusions. Ironically, Miller recognizes that “marriage is somewhat of a contractual agreement”; but he overlooks the fact that both Starks and Killicks did not respect their half of the contract. Initially, Killicks was treated Janie with respect and left her to do her work in the house while he took care of the manual labor. After a while, however, he begins to note that “if…

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    Australian Contract Law

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    Topic: A view which is certainly elementary if not fundamental is that in a democratic society, people should enjoy freedom in their contracting. Introduction Our society today depends upon free exchange of goods and services in the marketplace at every opportunity. The interactions we encounter in the market depends on voluntary agreements between the parties, which can never become binding without a legal contract. Because contracts are at the heart of a democratic free-market economy, it…

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    Act 2015 reforms the unfair contract terms in consumer contracts. This is covered in part 2 of the Consumers Rights Act which amends the Unfair Contract Terms Act 1977 in relation to business to consumer contracts and cancels the Unfair Terms in Consumer Contracts Regulations 1999. The Consumer Rights Act 2015 is an important piece of consumer law since the Unfair Contract Terms Act 1977. It is a piece of legislation that came into force on 1 October 2015 and relates to contracts/notices…

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    Task 1 Karabo v Simbere The main issue of this scenario is whether a contract had been formed between the two parties. The English law of contract explains a contract as a legally binding or valid agreement between two or more parties with the purpose of creating a commitment. Formation of a valid contract must contain the elements; offer and agreement, consideration and Intention. An offer is a definite statement of willingness to be bound on specified terms. Acceptance can be defined as…

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    Chain Store Contract

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    In order for a valid contract to exist between Sam and the chain store there needs to be elements that back up the proof. A contract consists of four different elements: agreement, consideration, contractual capacity, and a legal object. The agreement “consists of an offer b one party, called the offeror, to enter into a contract and an acceptance of the terms offer by the other party, called the offeree.” (Kubasek, 2012, p.304) The agreement could be done as a verbal agreement or even a…

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    Privity of contract is the relationship that exists between the parties to an agreement. This relationship is necessary in contracts; therefore, if you want to lodge a suit regarding a contract, you need to prove that you and the other individual were in privity of contract; hence, you were both involved in the contract and had an established contractual relationship. In addition, a doctrine of contract law that precludes any person from seeking the enforcement of a contract, or suing on its…

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