Essays on Contract

Case Analysis Puran Lal Sah versus State of UP Submitted by – Aseem Agarwal (12PGPIM04) Nitin Gupta (12PGPIM21) Rahul Jain (12PGPIM24) Saumitra Das (12PGPIM28) Nishant Shah (12PGPIM29) Supreme Court of India Puran Lal Sah vs State Of U. P on 21 January, 1971 Equivalent citations: …

The doctrine of judicial precedent is based on the principle of stare decisis which means ‘to stand by what has been decided’. It is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar …

The Law of Partnerships:Scott Osborne The applicable law: Partnership Act 1892 (NSW) The relevant law is contained in the Partnership Act (PA) of each of the jurisdictions. All are based on the PA (1890) UK Act. The contractual nature of Partnerships Partnerships are essentially contractual. …

Introduction Airbus is an aircraft industrializing subsidiary of European Air Space Company. It is situated in France with considerable action across Europe. It is one of the companies that manufacture approximately half of the total production of the world’s jet airliners. It started as association …

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 …

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 …

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 …

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 …

In this case study, Patina is the seller and Luca is the buyer under an FOB (Free on Board) agreement. General picture of a FOB contract can be congregated from the case of Wimble & Sons v Rosenberg & Sons which describes it as a …

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 …

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 …

The contract between parties is a CIF (cost, insurance and freight) contract and as such, the Seller is required to arrange the carriage of the goods, their insurance in transit and all costs of such arrangements are usually included in the contract price (Bridge, 2007). …

Abdul Rashid Abdul Majid v Island Golf Properties Sdn Bhd In this case, the issues is whether the board was entitled to levy and collect fees known as development fees from members? Principles The defendants owned, managed and operate a social golf club. Membership of …

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 …

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, …

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 …

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 …

INTRODUCTION A contract has been defined as a legally binding agreement or, in the words of Sir Frederick Pollock: ‘A promise or set of promises which the law will enforce’. However, not all promises or agreements give rise to contracts. According to the case study, …

The labor rate variance is the difference between the actual labor rate paid and the standard rate, multiplied by the number of actual hours worked. The formula is: Actual rate – Standard rate x Actual hours worked = Labor rate variance. An unfavorable variance means …

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 …

We would first need to establish if there is a valid and legally binding contract formation between Iris (“the offeror”) before deciding on the likely outcomes for the parties. A proper contract constitutes an offer, an acceptance, the provision of a consideration of value and …

            Procurement can be understood as the process of acquiring services and goods at the most fitting total cost of ownership given the right circumstances for the benefit of certain organizations. In its website, Microsoft maintains that it has been a dominant force in innovating …

Indian Contract Act 1872 is the main source of law regulating contracts in Indian law. CitationAct No. 9 of 1872 Enacted byParliament of India Date enacted25 April 1872 Date commenced1 September 1872 The law relating to contracts in India is contained in Indian Contract Act, …

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) …

0 Assignment On Negotiable Instruments in Banking Course Title: Introduction to Banking Course Code: FIN-305 Assigned To: Mr. S. M. Athiqur Rahman Lecturer Dept. of Business Administration Leading University, Sylhet, Bangladesh. Prepared By: Md. Inzamam-Ul Haq Talukder ID. # 1101010342 Section: E 7th Semester (27th …

Introduction Contract law is primarily concerned with the enforcement of promises and is regulated largely by the common law. In order for any contract to be binding between the parties, there must be an intention to create legal relations as shown in the case of …

Gammasonic v Comrad[1] demonstrates the reluctance of the courts to interpret the Sale of Goods Act to include software downloads as a “good”, preferring to leave the matter up to statutory review. It primarily discusses whether a software package delivered by online download is effectively …

AIRBORNE EXPRESS: THE UNDERDOG CASE STUDY QUESTIONS 1. Analyze the United States small package express delivery industry in the 1990’s using the Porter’s Five Force Model. Rate each of the five forces as either weak, moderate, strong or fierce. Justify your rating by using two …