Contractual term

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    EDAD 524: Legal Case Study

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    university has breached its contractual obligations when it determined that his academic progress was insufficient. There is no true process provided for determining continuance in the Psychology Doctorate Program. The graduate school handbook does list a timeline or established criteria for dismissing a student from the program. Once a student is admitted to a program, contractual obligations are defined, however terms of that must be defined. Once again this program has no terms provided for…

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    Consumer Rights Act 2015. The Consumer Rights 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…

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    Chain Store Contract

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    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 written agreement between both…

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    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 approving to all the terms of an offer (CIMA, 2015). Offer and acceptance should be able to bind the parties, for the two minds to meet also known as consensus ad idem (Merwe, 2003). If the two minds are unable to meet, then it means that…

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    Triangle Project Relation

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    For understanding oil and gas claims and disputes prevention strategies, it is essential to consider the triangle of project relations. This triangle includes substance, process and relationships. Substance refers to all contractual rights and obligations, which incorporated in the contract. The second part is process and procedures and third part refers to maintain good relationship between the parties. For the prevention of occurring disputes and claims, it is important to consider both…

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    Pippa is therefore bound by it whether it has she read the terms or not. The General Rule in L’ Estrange v Graucob 1934 2 KB 34 means that Pippa would be contractually bound by the clause unless there was a misrepresentation about the clause. An example of an exception was seen in Curtis v Chemical Cleaning…

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    Liquidated Damages Essay

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    compensation, the amount does not exceed the terms of the contract, it must take into account the victim default. It further provides that such damage must take into account, whether they prove any actual loss or damage to the injured party. Genuine pre-estimate of damages and punitive interpretation of Article 74 differentiate between. The penalty will be a sum of money, which is specified in order to discourage people from breach of contract. When one of the contractual obligations of…

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    an expression of willingness to contract on the specified terms without further negotiation and which is legally accepted. The note on the front and back windscreens states ‘For Sale – A Van. Almost new, the state-of-the-art plumbing and electrical tools, £ 13,500 or best offer. Please call at our offices or telephone 654321. First to agree a price will have the Van.’…

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    The case of Mustang pipeline v. Driver pipeline is a breach of contract case. In a breach of contract the result comes from a party who does not accomplish the contractual promise or if the party seems to be unable to perform the contract. Mustang was the first to bring suit against Driver for the failure to complete the work in a timely manner. However Driver counterclaimed for the wrongful termination of the contract. It is clear that time was of the essence for the completion of the pipeline.…

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    A warranty is a less important term which is incidental to the main purpose of the contract. Failure to observe it does not cause the whole agreement to collapse; but consequently the innocent party may claim damages for its breach but is not allowed to treat the contract as repudiated. If the washing machine supplied to James works but looks shoddy owing to damage to the exterior casing caused during delivery by Bernard, a claim for damages may take the form of a reduction in the purchase…

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