Standard form contract

to see a return in the form of dividend on the money invested. Similarly, the lender charges interest on the loan in order to have a return. On the other hand, the public sector has several aims. Just as the private sector, aims can include making a profitable investment, but can also include a range of aims such as providing infrastructure services to the population, sometimes at an affordable price,…

understanding at least the basics of contract law is vitally important for managers and business owners because they will most likely be dealing with contracts on a regular basis in order to successfully meet their business obligations. A contract is a way to describe and define the expectations of each party in a business relationship or transaction, it provides a measure of certainty, spells out what the consequences are if either…

Duty Kelvin can enforce consideration despite the fact that he has an existing legal duty under his contract with Brie. This is because a third party may contract a person otherwise under an existing legal duty to do the act so required. Usain is not an agent of Brie as he was given no authority to act on her behalf and was not purporting to, and is therefore a third party. 3. Certainty The contract is sufficiently certain as the essential terms including price are given. No party has…

to insist on strict contractual rights (intended to affect the legal relations between parties); 2. the promisee must reasonably rely on the promise; 3. it must be inequitable for the promisor to resile from the promise. Another, more developed, form of equitable estoppel is proprietary estoppel, which will arise from a belief that an interest in another party’s land has been granted. This type of estoppel is free from the restriction that it may only be used as a defence. However, in the…

whether his contract with Crane Entertainment is valid it needs to be established that the agreement formed between the two parties was indeed a contract, hence contract formation needs to be considered. Crane Entertainment made an offer of $750,000 for all development, production and promotional costs. Gabe considered his options and had the opportunity so accept or decline, therefore an offer was clearly made. Gabe’s acceptance was communicated over the phone and he signed the contract in…

What are those two elements? Explain fully with complete details (1) the performance of a prohibited act and (2) a specified state of mind, or intent, on the part of the actor. Additionally, to establish criminal liability, there must be a concurrence (agreement) between the act and the intent. The Criminal Act—In criminal law, a prohibited act is referred to as the actus reus, or guilty act. In some cases an act of omission can be a crime, but only when a person has legal duty to perform the…

I have been asked to provide an opinion on whether Donald Drumpf could claim that s 30 of the Commerce Act 1986 has been breached by Ernie Panders and Hilary Linten. To establish a breach two elements must be satisfied. First, there must be a contract, arrangement or understanding between the parties (Hilary and Ernie). Second, there must be a provision thereof which has the purpose of/has/is likely to have the effect of fixing, controlling, or maintaining, or providing for fixing,…

What is tort Tort in law means a wrong or injury which has certain characters, from the most important of which is that it is redressable in an action for damages at instance of the person wronged or injured Torts are civil wrong resulting in personal injury or harm that constitutes grounds for a law suit.Thus, tort law addresses conflicts between conflicts between private individuals or entities According to Prof.Winfeild ,Tortuous liability arises from breach of a duty primarily fixed by law;…

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 [he] kin haul de wood heah and chop it fuh yuh, look lak…

policy manual. That being said, there are certain policies which are legally required to be in a written document and other which should be provides in writing based upon good practices. This is just two reasons that every company should have some form of written human resources…