Contractual term

the parties wish to modify the terms of the original stated contract as set forth herein. NOW THEREFORE, in consideration of the mutual promises herein, the parties, for good consideration, intending to be legally bound, hereby agree to make the…

and states that it must be possible to say whether any given individual is or is not within the class . He rejected the concept of ‘descending from a common ancestor’ and instead argued that a definition of ‘next-of-kin’ was necessary to deem the term relative conceptually certain. Stamp LJ appears to dispute the liberal implications of McPhail v Doulton , applying his approach would leave very little distinction between the test in Mcphail v Doulton and the list test . Arguably, this is the…

They are, Contractual Basis, Records and Claim Strategy. So there are three basis steps while preparing a good claim. They are;  ANALYSIS OF CONTRACT  ANALYSIS OF RECORDS  ANALYSIS AND DECISION OF A CLAIM STRATEGY First, we have to identify the event or factor that…

harshness of this obligation and therefore, it was held that the defendant was released from their obligations under the doctrine of frustration. The reasoning behind this is that this was the most just solution and the one that made the most sense in terms of contract law. If the parties were forced to continue their obligations under the contract even though the music hall was on longer in use then this performance would be very different from the ones that the parties had originally…

3.2 Legality of bay al-dayn The legality of bay al-dayn is based on Surah Al-Baqarah, verse 282, which means “O you who have believed, when you contract a debt for a specified term, write it down. And let a scribe write [it] between you in justice”. According to al-Jassas, the word al-dayn include all types of debt contract and its permissible based on deferred. This verse stated that the important to write it down to all the debt transaction. The word al-dayn in hadith can be divided by two…

Introduction Offer is the first step if you want to constitute a contract. Without offer there is no acceptance and without acceptance there is no contract. There are two main types of offers, which are, the bilateral offer and the unilateral offer. A bilateral offer is an offer given to a specific audience and it targets a specific group or party. While, on the other hand, a unilateral offer is an offer proposed to the public in general and is accepted through conduct or performance. From a…

The mechanical importation of the criteria of ‘forum non conveniens’ to anti-suit injunctions was criticized on the ground that while the atonement of criteria in respect of stay of proceedings meant greater submission towards international comity, when the same criteria were applied in reverse for the granting of anti-suit injunctions it resulted in an unnecessary and unjustified interference with the foreign proceedings. Nevertheless, the reasoning adopted in Castahno was adopted in…

correspondence, information, document, or other material and if such person discloses such electronic record, book, register, correspondence, information, document or other material to any other person, he shall be punished with imprisonment for a term, which may extend to two years, or with fine, which may extend to one lakh rupees, or with both. The idea behind the Section 72 is that the person who has secured access to any such information shall not take unfair advantage of it by disclosing…

perform under the provisions of the original contract. Chang orders are used to suit the needs of the government which why there are many clauses that are used in government contracting. These clauses authorize the contracting officer to change contract terms and specifications, but not the characteristics of a contract (FAR Subpart…

Third, on September 27, 1982, PSI Cosmetics (defendant), leased a vehicle from Barco Auto (plaintiff). PSI stated that two months later the engine began to smoke and was towed to an authorized dealer. The dealer took over three months to repair a blown motor. The defendants continued making their payments, even though, they had no use of the vehicle. Mr. Golumbia was advised after 300 to 600 miles, he should have the vehicle serviced (retorqued). Before this happened, the vehicles’ motor blew up…