Introduction The major issue of the case was (1) whether there was a constructive trust and (2) whether the certainty of interest in the property justified its existence. This was the first case to apply the principles laid down in Cobbe v Yeoman’s Row Management Ltd, distinguishing interest pursuant to formal written agreements from interest in property. In addition, Mr. Justice Morgan in Herbert (para 91) touched on the topic of certainty in constructive trust and in contract. This case…
Offer is defined by Treitel as an expression of willingness to enter into a contract with intention to create legal relation that it shall become binding 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:…
Task 1 Karabo v Simbere The main issue of this scenario is whether a contract had been formed between the two parties. The English law of contract explains a contract as a legally binding or valid agreement between two or more parties with the purpose of creating a commitment. Formation of a valid contract must contain the elements; offer and agreement, consideration and Intention. An offer is a definite statement of willingness to be bound on specified terms. Acceptance can be defined as…
James, Adjou, Sylvia, Bob and Tim (represented by Ian) require identifying and advice as to the applicability of relevant contract and tort/delict principles to the current scenario presented in the problem question. Before proceeding with advising the individual’s, we need to check the validity of the contract and to establish the note displayed on the car windscreen is “Invitation to Treat” (or) “Offer”. The difference between the two is significant and need to be specifically identify, as…
Liberty Law Promise Promise, a declaration or assurance that one will do a particular thing or that a particular thing will happen. Promises are commitments made, an agreement or assurance, an oath taken for a person or for oneself. The person making the promise, vows to fulfill the task or keep his word. A promise can be in spoken or unspoken form. Promises can create or destroy dreams. A single promise can keep someone's hopes going forever. A promise is something very important to me. In…
What i have learned in relation to the objectives are; what a will, probate, living trust, and insurance is. My understanding of what a will is; a leagal document stating what the deceased persons wishes are and who personal estate will be distributed to. A testator is someone who makes the will describing how devise, legacy, and bequest will be handeled after the person has been deceased. Personal letters to family or close ones may also be included in a will. Making a will is very important,…
In order for a valid contract to exist between Sam and the chain store there needs to be elements that back up the proof. A contract consists of four different elements: agreement, consideration, contractual capacity, and a legal object. The agreement “consists of an offer b one party, called the offeror, to enter into a contract and an acceptance of the terms offer by the other party, called the offeree.” (Kubasek, 2012, p.304) The agreement could be done as a verbal agreement or even a…
TASK 1: P1: Identify the legal criteria for offer and acceptance in a valid contract. What is a contract? A contract can either be written implied or spoken agreement between two or more people legally binding. Once contract has been the offeror will have to keeps promises provided in the contract and the offeree will have to follow all the terms and condition in the contract will. If one party fail to follow their obligation in the contract condition in the contract they make take legal…
area will acknowledge and accept it. Thus over the time authorities have been trying to put emphasis on public participation as a major component for planning process. This participation comes in various forms, out of which the surveys and community meetings form to be a greater source to get public input. Over the time instead of developer’s perspective, nowadays plans for an area or community are being developed keeping into consideration view and perspective of the people belonging to that…
Elisha, for the month of April you scored 7.6 points per hour. Your current yearly average is 7.3 points per hour. The team average for the month of April was 9.2 points per hour and the department average for the same month was 9.2 points per hour. Elisha, you continue to perform well below the department expectations in productivity month-over-month. As stated before this cannot continue. We have reached a point in which you are definitely are going to do something to improve your production.…