Essays on Contract

September 16, 2006 Worksheet 1 EMPLOYMENT TORTS Employer’s Liability 1. Introduction The basis of the liability of an employer for negligence in respect of injury suffered by his employee during the course of the employee’s work is twofold: 1. He may be liable for breach …

What are the principles under the doctrine of binding precedent? When it comes to deciding on case, judges do not decide solely on their own. They are bound to follow certain accepted principles which are commonly known as “the doctrine of binding precedent”. The doctrine …

Introduction: The promissory estoppel is a legal equity clause that can be applied to effect agreements that are nonbinding. The principles : “ It is the first principle upon which all Courts of Equity proceed, that if parties who have entered into definite and distinct …

Payment or performance payment means not only the delivery of money but also the performance, in any other manner of an obligation. How must the payment be made?  There must be delivery of the thing or rendition of the service that was contemplated.  The debtor …

The test for duress of the person Barton v. Armstrong It is enough that the pressure “was a reason (not the reason, nor the predominant reason nor the clinching reason) why the complainant acted the way he did. The person who applies pressure to extract …

Homesafe Ltd. Written Analysis and Communication Instructor: Dr. Seema Khanvilkar Submitted By: Apurv Jain, D023 Shreyansh Jain, D027 Mohit Sejwal, D055 Vinay Pal, D045 Sahil Bhavnani, D006 Aman Jakhar, D030 Letter of Transmittal To, Dr. Seema Khanvilkar, Business Communication Faculty, SBM, NMIMS – Mumbai Date: …

Unpaid Seller Definition: In a transaction of sale it is not possible to avoid credit sales. In credit sales there is a risk of a debtor not paying the price of the goods even after the credit period is over. The seller of the goods …

Pactum reservati dominii 2. Facts of the case and the issues to be decided4 3. Validity and effects of pactum reservati dominii in the present case5 Conclusion7 References8 Table of Cases Quirk’s Trustees v Assignees of Liddle & Co. (1884 – 1885) 3 SC 322 …

Turner has decided to start her own business running a private day nursery. It is necessary for her to find appropriate premises. She sees a detached house, which would be appropriate, on the market for 200. 000. After having viewed the property she decides to …

INTRODUCTION In executing operational activities, organizations often find it useful to make a distinction between processes, the systematic execution of repetitive activities, and projects, the one-time execution of more or less unique activities. In today’s new ‘new’ economy, the second form of operations is gaining …

Achieving Greatness Greatness is something achieved by going above and beyond the norms of being great. Grandpa, Benjamin Slater, has achieved greatness through his hard work, generosity, and loving personality. Ben was always doing things to help others, including his children, grandchildren, and neighbors. He …

In building and engineering contracts it is usual to insert a provision empowering the employer to forfeit certain rights or property of the contractor on the occurrence of certain events. “Forfeiture clause” is a loose term usually used to describe a clause in a written …

Specific Performance MT311 Business Law Part I There are four situations we have to review in terms of specific performance and possible breach of contract. First we must understand the elements of specific performance then we can evaluate how they relate to each scenario. “In …

ContentssBACKGROUND OF THE PROJECT… … … … … … … … … … … … … … … … … …OBJECTIVES OF THE PROJECT… … … … … … … … … … … … … … … … … … ..Facilities… … … … …

Abstract Liberalisation in the energy sector opened opportunities for new market entrants leading to high competition in the market. As such, countries were forced to change their models of electricity trading in order to remain efficient and competitive in the market. The differences between bilateral …

The world of commerce and most business relationships are initiated on a contract. Understanding of contract law is crucial for all business people, owners, and managers. Since most commercial arrangements are constructed on contractual relationships. A decent preliminary point would be an empirical definition of …

Los Angeles Rams Football Club v. Cannon 185 F. Supp. 717 (S. D. Cal. 1960) Plaintiff prays for an injunction to restrain defendant playing football or engaging in related activities for anyone other than the plaintiff without the plaintiff’s consent during the term of a …

All of the case studies are concerned with the Law of Contract, specifically the formation of a contract and the differences between an invitation to treat and a contract. We will investigate each consumers’s specific contract or lack thereof individually and advise Bruce on his …

In all legal system the passing of risk in sold goods is a big problem and an important event in the sale of goods. Once the buyer acquires risk, he become liable for the price even if the goods are lost or damaged. The financial …

Article 25 A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract, unless the party in breach did …

If Gray had more knowledge regarding JAZZ Best, he would have realized that this was an evident situation where an independent specialist should have been used to perform the audit procedure. These problems hindered the gathering of several types of audit evidence. Because Larry Gray …

Need to talk about criteria/ funding where the money came from The Wembley stadium was built using a Design and build Procurement strategy. A Design and build strategy is where a single contractor is responsible for both the design and construction of the stadium. The …

INTRODUCTION TO THE LEGAL PROCESS Note: Only minimum reading materials are reproduced here. Students are advised to familiarize themselves with all the recommended readings and participate in discussions in the class. (a) The object of Law Study (b) Studying Law under the “Case Method” (c) …

Soalan 2 Introduction Somebody has to set up the company and in order to set up a company, there have to be promoters. The promoters will purchase property from which the company is going to operate and undertake the preliminary steps to set the company …

A false statement made to induce a party to enter into a contract. Misprepresentation – if proved – renders a contract voidable. Three (perhaps four) factors must be established to succeed in a claim of mispresentation. there must be an unambiguous false statement of existing …

Should Main Lines maximum and minimum lost profit amounts be revised downward for the following? Why?The domestic distribution revenues of $3 million because the deal had not been finalized Even if the deal on the projected domestic sales of $3 million had not been materialized, …

Critical Analysis on Bonded Labour System (abolition) Act, 1976 SALIENT FEATURES OF THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 • This Act provides for the abolition of the system of bonded labour. It freed unilaterally all the bonded labourers from bondage with simultaneous liquidation of …

Introduction Preamble This section of the report presents the background of the wind farm project, in particular offshore wind farm development, objectives, scope of work and the layout of the thesis Background Wind farm Although offshore wind farm development commenced decades after the onshore but …

“The extent of the contractual effect of a company’s articles has long been a subject of controversy generating much academic debate, interest and at times consternation.”Griffin, S Companies Act 2006 – altering the contractual effect of the articles of associationCompany Law Newsletter (2010), pages 1-4. …

INTRODUCTION: The Sales of Goods Act 1893 provides the definition of ‘condition’ and ‘warranty’. During the period between 1893 to 1962 both ‘condition’ and ‘warranty’ was generally accepted that they were the only two types of terms which assist in ‘identifying the breaches which entitled …