Meeting of the minds

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    labour, advantage or any benefit sustained by the plaintiff. Conclusion: A contract exists between Johnny and Marie. a) Issue: Is there a mistake and what kind of mistake? Law: in accordance with the general principles of contract law, a contract can be void if the mistake is a: Unilateral mistake: a one-side mistake that occurs when the: - Mistake is made by one party. - Mistake is linked to an important part of the contract. - Other party has sought to capitalise on the mistake. Common mistake: established by both parties where the: - Agreement between the parties is contingent upon the truth of a belief held by both parties. - Belief at the time the agreement was established, was incorrect. Mutual mistake: there is no meeting of minds yet parties believe they have formed an agreement. It occurs when: - The agreement between the parties is contingent upon the truth of a belief held by each party. - Each party holds a dissimilar belief. Application: Unilateral mistake: • One party has made a mistake because Steven mistakenly asked the office staff to send ‘Quotation A’. • His mistake is linked to an important part of the contract and that being the type of Quotation. • The other party has attempted to capitalise on the mistake; Marie sought to enforce the contract when Steven realised his mistake by asserting that a contract exists and the restaurant must deliver under the law. As decided in Taylor v Johnson (1983) 151 CLR 422, a unilateral mistake exists…

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    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…

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    Contract is an agreement between two or more parties that is indented to be legally enforceable. A contract can be in writing or made orally and can be entered into by signing a document, agreeing to something on the telephone or clicking on ‘I agree’ on a web page. There is a distinction between B2B (also know as, business to business) and B2C (business to consumer) contracts. In its simplest form, B2B refers to transections between two businesses where both the buyer and the seller are…

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    Question A. Yes, this is an enforceable contract. Postal rule is one of the rules of contract law that makes an exception to the general rule that an acceptance can only occur when communicated directly to the offeror. This is considered a legal binding contract as the acceptance match with the offer. It is an enforceable contract due to reasons mentioned below. 4 elements of a contract The elements to create a legally binding contract are as follows; 1. Legal capacity – a person above 18 years…

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    Evocation Essay

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    In contract law, evocation means an offer is withdrawn by the offerer. The general rule was established in Payne v Cave that an offer can be revoked at any time before the communication of acceptance is complete. Nevertheless, once the offer is accepted by the offeree by post, specifically, letter, the postal rule would strictly apply and would not permit such withdrawal. Contrary, once the offer is accepted, it cannot be revoked or else, the it would be considered as a breach of contract.…

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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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    Union Pacific Case Study

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    To state a claim under the Americans with Disabilities Act (the “ADA”), the employee must show he is a person: (1) with a disability, as defined by the ADA; (2) who is qualified, with or without reasonable accommodation, to perform the essential functions of the job; and (3) who has suffered discrimination by an employer because of that disability. Olsen v. Capital Region Med. Ctr., 713 F.3d 1149, 1153 (8th Cir. 2012). " EEOC v. C.R. Eng., Inc., 2011 U.S. App. LEXIS 8971, *20 (10th Cir. May…

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    Essay On Bail Bonds

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    In the states that have bail as part of their legal procedures, the bail bonds process is normally regulated by the state itself. In some cases, the regulations and laws that govern the department of insurance also apply to bail bonds. Different states have different concepts and rules to govern the bail process. The criteria that one state may use to apply the process of bail bonds might not be similar or applicable to another state. This has made it very difficult to find information about the…

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    This essay will define promissory estoppel within English Law. Promissory Estoppel is defined within English Law as a principle of justice, and can also be referred to in earlier cases as ‘equitable estoppel’ . This means that a promise made can be enforceable by law, even if there hasn’t been a formal consideration, meaning that it is a legally binding contract. Promissory Estoppel falls under contract law and has enabled legal obligations, meaning a person who has entered in to a contract…

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    complete this work by March 2013. In breach of the expressly agreed period, the work remained incomplete at the end of March 2013. In fact, after a year of the contract the work was still not complete. The following year on the month of April, Mr Garae engaged another consulting engineer who redesigned the road and drainage layout and submitted it to council for approval. Two days later the approval was obtained. LNPL initially commenced proceedings to recover $3500, in addition to the $20,000…

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