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…
When somebody bites the dust intestate, it doesn't really imply that the greater part of the perished's advantages and liabilities ought to go unaccounted for. Recipients of the perished could look for legitimate counsel from a probate attorney sufficiently educated of the laws administering this field of aptitude. Without a legitimately drafted lawful will, the perished won't have the capacity to disseminate their bequest the way they need to. In addition, the gathered recipients of the…
1.1 Clearly explain what requirements must be in place for a Contract to exist between two parties: A contract is a legally binding agreement offering rights and imposing obligations of specific terms between two or more persons (or entities) in which there is a set of promises in re-turn for a benefit (a consideration). The legal bind is only applicable upon the party or ‘privy’ who enter the contract. For a contract to exist between two parties there must be evidence of the following…
Qantas, like other Australian companies will have to shift to AASB 15 regulations when they come into effect in 2018. The regulations set guidelines for recognition of revenues. Indeed, it requires that revenues are recognized in a way that it is representative of goods/services that an entity has promised to transfer to consumers on basis of values that reflect the entity’s expectations in return for the goods/services supplied. a) Outline how companies are required to account for revenue…
1. Name three specific cyber issues that have necessitated new laws. 1) Credit card fraud. 2) Cyberstalking. 3) Theft of intellectual property and Identity theft. 2. What are the elements required to form a contract? Offer and acceptance: • Offer must be specific, complete, capable of acceptance and made with the intention of being bound by acceptance. • An acceptance is a final and unqualified expression of assent to an offer that is made in response to an offer and corresponds with the…
This case has multiple issues that need to be discussed and clarified. First of all, Cory advances an advertisement regarding selling his computer. He then affirms that the binding will start according to the date of the acceptance. His first offer comes by email, but encounters some faults that delay its arrival. The email is followed by a fax that counter-offers the initial proposed price. The offer Firstly, it should be discussed if the proposal constitutes an offer or an invitation to treat…
In order to determine Ms. Gale’s (“Gale”) course of action against Mr. Branch (“Branch”), it is first crucial to decide whether a contract has been formed? Here, the clearest indication that a contract exists is in the written letter signed by Branch to Gale. In his letter, Branch begins by writing that “for valuable consideration” he will give Gale an option of 120 days to purchase his horse Tinman for $500,000. The letter goes on to include that the horse will be warranted until the date of…
Particularly, the most important elements to determine whether the contract between TimberCo and BuildCo is enforceable are the agreement. A business or commercial agreement is usually intended to make a contract so as to TimberCo and BuildCo. Basically, the agreement will involve an invitation from an offeror to the parties it was intended to enter a contract and accept by an offeree who received the invitation. In this case, TimberCo is the offeror and BuildCo is the offeree. Under rules on…
To Arataki, I am writing this report to illustrate the implications of the amendment 13A in the Electronic Transactions Act 2002 (ETA). The reason for the amendment was to gain certainty of when acceptance occurs in forming contracts by electronic communication. This affects eTrade for the reason that when acceptance has occurred the business is liable to perform the contract. Analysing the current law, there is a lack of certainty in regards to time of receipt and risk is heavily weighted on…
Rehaf AL Sehli Getting to Yes, Fisher and Ury. pp. 1-106 Principals of negotiation according to Roger Fisher and William Ury are: Chapter I: The Problem 1- Don’t bargain over positions Taking positions between parties could provide an anchor in an uncertain and pressured situation which leads to an acceptable agreement. Positional bargaining fails to meet the basic criteria of producing a wise agreement if agreement is possible, efficiently and amicably. There are some methods of why…