Contractual term

Q1 Issue: Whether P.Ramli placed the advertisement in The Star newspaper is an offer or Invitation to treat. Explanation Law: An offer is made when one of the parties involved in the negotiation states the terms on which without further alteration, he is ready to be bound into a legally binding,enforceable agreement with the other party once the other party accepts the offer.(Krishnan,2009)An offer should identify the parties to the contract and indicate its contents, example the parties’…

the lines of exchanging a certain amount of money for the right to own the auctioned item. 3. What are the four elements necessary for an enforceable contract? The four required elements of an enforceable contract are agreement, consideration, contractual capacity, and lawful object (Goldman and Cheeseman 493, 495, 496). 4. Describe the common law of contracts. Describe the Universal Commercial Code. The common law of contracts is contract law that is developed primarily by a state court…

endanger performance of this EPC Contract; (3) Abandons or refuses to proceed with any of the Work, including modifications directed pursuant to General Condition 32, titled CHANGES; (4) Fails to fulfill or comply with any of the other material terms of this EPC Contract; (5) Fails to commence the Work in accordance with the provisions of this EPC Contract; (6) Abandons the Work; (7) Fails to maintain insurance required under this EPC Contract; (8) Materially disregards Applicable Law…

obligation without any further negotiation, Offer can be in different form such as letter, email, newspaper advertisement, fax and conduct only if offeror is prepared to have a contract. Offer has 3 elements, 1: intention/willingness, 2: specified terms (method of payment) and 3: no further negotiation. There are two types advertisement, 1: bilateral advertisement where both parties start performance after the formation of the contract, bilateral ads are usually invitation to treat such as sale…

was only a disposition of equitable interest. Subsequently, Mr Vandervell was still entitled to pay tax to the Inland Revenue because of the option the Vandervell Trustees Ltd. had, to repurchase the shares from Royal College of Surgeons. The exact terms of the trust had not been spelt out which means no one knew who held the equitable trust; hence the court held there was a resulting trust to Mr Vandervell. From this case the importance of the formalities was greatly highlighted, as without…

responsible to the destruction of the Concert Hall, including Ahmad’s piano. Ahmad is not able to claim for the damages made to his piano due to the following factors: 1. Force Majeure Clause a. This clause excuses the party from performing any contractual obligations as an unforeseeable event has happened. 2. Discharge by Frustration a. Neither party was responsible for the destruction of place and…

legislation which places numerous legal obligations on business sellers apart from the agreed express contractual terms. These terms, although not expressly provided for in the contract are fictionally ‘incorporated’ into the contract for consumer protection and also because the contract does not make any commercial sense without them, they are referred to as implied terms. The statutory implied terms that concern sale of goods are embedded in section 13-15 of the 1979 act and in practice do not…

to whom is made. Acceptance in order to be legally binding, it is appropriate to fulfill three main rules. To start with, acceptance must be a ‘mirror image’ of the offer. This means that the offeree must be approving to all terms of offer and not trying to put in new terms. Secondly, acceptance must be firm and finally must be communicated to the offeror. In this way,…

(a)Issue Plaintiff: Bernard, Charlene and Damien Defendant: Alan Plaintiff(s) wish to sue defendant for breach of terms. This is depends on whether there is a valid contract formed between each of the plaintiff and defendant. (b)Rules The law of contact is must be lawfully binding contact between two or more parties enforceable by law. On the fact, it is not written but is be verbal. However, it is clear that a contract does not have to be in writing. (i)Offer: Offer is determine the offeror…

This equitable remedy requests the breaching party to conform to the terms of the agreement. This implies that the breaching party will be obliged to do whatever the party initially guaranteed to do. The court will consider this alternative when cash harms won't give the guiltless party sufficient remuneration for the breach…