This document provides an overview of contracts and takaful (Islamic insurance) concepts. It defines a contract as a legally binding agreement between two or more competent parties. Contracts are classified as formal or informal. The key elements of a valid contract are identified as offer, acceptance, intention to create a legal relationship, consideration, and capacity. Takaful is discussed as an alternative to conventional insurance that is based on mutual cooperation rather than risk. The differences between takaful and conventional insurance contracts are outlined.
Assignment question in fulfillment of Business Law Paper for MBA Program- OPe...santhy govindasamy
The document provides a detailed analysis of the law on misrepresentation and the circumstances under which a contract can be considered voidable due to misrepresentation. It discusses that a misrepresentation is an untruthful statement of fact that induces a party to enter a contract. For a contract to be voidable, the misrepresentation must be regarding facts rather than opinions, and the misled party must not have had means to discover the truth. If a party chooses to void the contract due to misrepresentation, they must communicate this to the other party within a reasonable time, and both parties will be restored to their pre-contract positions.
This document is a group assignment submitted by three students for their Contract Law I class. It analyzes a question regarding whether a contract for the sale of land can be set aside if the purchaser, Stam, later discovers the land was formerly used for mining. The summary analyzes the validity of the contract under Section 10 of the Contracts Act and whether Kaka's assurance the land was not for mining amounts to fraudulent misrepresentation under Section 17, rendering the contract voidable and allowing rescission under Section 19. The summary concludes Stam has grounds to argue the contract is voidable due to Kaka's fraudulent misrepresentation.
Transfer of title in the Sale of Goods (Malaysia)Azalea Azarae
The document discusses the nemo dat quod non habet rule, which means that a person can only transfer ownership of goods if they themselves own those goods. This rule is expressed in Latin as "no one gives what he does not have" and is set out in section 27 of the Sale of Goods Act 1957. The document provides examples of how this rule operates, such as if goods are sold by someone who is not the actual owner, the buyer does not acquire ownership unless the true owner is precluded from denying the seller's authority by their conduct. There are also exceptions discussed, for instance if a merchantile agent sells goods in possession of the owner in the ordinary course of business.
ASSIGNMENT: Business Law (example of answer)Rofidah Azman
I got quite good mark for this assignment. I'd like to share with other fellow students the example of answers for the questions. There are of course rooms for improvement. Good luck!
Included topics:
- Betrothal
- Marriage
- Dissolution
- Ancillary claims
- Parent and children
- Adoption
- Legitimacy
- Inheritance
Not included:
- Introduction to the Administration of Islamic law in Malaysia
- Polygamous marriage
Parol Evidence Rule Contract Law MalaysiaAzri Nadiah
The document discusses the parol evidence rule and its exceptions in Malaysian contract law. The parol evidence rule bars oral evidence that would contradict or vary the terms of a written contract. However, there are exceptions, including when (1) the contract is partly oral and partly written, (2) there is evidence of fraud, mistake or misrepresentation, or (3) there is evidence of a collateral contract. A collateral contract refers to a separate oral agreement made alongside the written contract. For a collateral contract to be valid, the party must strictly prove that the oral terms were intended to be binding and induced them to enter the contract. The document analyzes several cases that discuss and apply the parol evidence rule and its exceptions.
The document provides a sample exam with multiple choice questions testing knowledge of contract law and sale of goods ordinance concepts. It includes 15 questions related to topics like contract formation, capacity to contract, implied conditions in contracts of sale, duties of buyers/sellers, and intellectual property law. The questions require identifying the most accurate answer from several options provided in the answer booklet.
Assignment question in fulfillment of Business Law Paper for MBA Program- OPe...santhy govindasamy
The document provides a detailed analysis of the law on misrepresentation and the circumstances under which a contract can be considered voidable due to misrepresentation. It discusses that a misrepresentation is an untruthful statement of fact that induces a party to enter a contract. For a contract to be voidable, the misrepresentation must be regarding facts rather than opinions, and the misled party must not have had means to discover the truth. If a party chooses to void the contract due to misrepresentation, they must communicate this to the other party within a reasonable time, and both parties will be restored to their pre-contract positions.
This document is a group assignment submitted by three students for their Contract Law I class. It analyzes a question regarding whether a contract for the sale of land can be set aside if the purchaser, Stam, later discovers the land was formerly used for mining. The summary analyzes the validity of the contract under Section 10 of the Contracts Act and whether Kaka's assurance the land was not for mining amounts to fraudulent misrepresentation under Section 17, rendering the contract voidable and allowing rescission under Section 19. The summary concludes Stam has grounds to argue the contract is voidable due to Kaka's fraudulent misrepresentation.
Transfer of title in the Sale of Goods (Malaysia)Azalea Azarae
The document discusses the nemo dat quod non habet rule, which means that a person can only transfer ownership of goods if they themselves own those goods. This rule is expressed in Latin as "no one gives what he does not have" and is set out in section 27 of the Sale of Goods Act 1957. The document provides examples of how this rule operates, such as if goods are sold by someone who is not the actual owner, the buyer does not acquire ownership unless the true owner is precluded from denying the seller's authority by their conduct. There are also exceptions discussed, for instance if a merchantile agent sells goods in possession of the owner in the ordinary course of business.
ASSIGNMENT: Business Law (example of answer)Rofidah Azman
I got quite good mark for this assignment. I'd like to share with other fellow students the example of answers for the questions. There are of course rooms for improvement. Good luck!
Included topics:
- Betrothal
- Marriage
- Dissolution
- Ancillary claims
- Parent and children
- Adoption
- Legitimacy
- Inheritance
Not included:
- Introduction to the Administration of Islamic law in Malaysia
- Polygamous marriage
Parol Evidence Rule Contract Law MalaysiaAzri Nadiah
The document discusses the parol evidence rule and its exceptions in Malaysian contract law. The parol evidence rule bars oral evidence that would contradict or vary the terms of a written contract. However, there are exceptions, including when (1) the contract is partly oral and partly written, (2) there is evidence of fraud, mistake or misrepresentation, or (3) there is evidence of a collateral contract. A collateral contract refers to a separate oral agreement made alongside the written contract. For a collateral contract to be valid, the party must strictly prove that the oral terms were intended to be binding and induced them to enter the contract. The document analyzes several cases that discuss and apply the parol evidence rule and its exceptions.
The document provides a sample exam with multiple choice questions testing knowledge of contract law and sale of goods ordinance concepts. It includes 15 questions related to topics like contract formation, capacity to contract, implied conditions in contracts of sale, duties of buyers/sellers, and intellectual property law. The questions require identifying the most accurate answer from several options provided in the answer booklet.
This document summarizes a court case between Fraser and Everett regarding a breach of contract for shares in the Bentong Tin Mining Company. Fraser contracted to purchase 100 shares for Everett at $13 per share, with terms of cash on delivery of transfers and scrip expected to be mailed around the end of March. However, the scrips did not arrive until May 15th, which the court found was not a reasonable time given the shares were of a fluctuating nature in the mining industry. Additionally, Everett contracted for scrip but Fraser attempted to deliver bearer warrants instead, which the court ruled Everett could not be compelled to accept. Therefore, the court found for the defendant Everett,
The document discusses the essential elements of a valid contract according to Indian contract law. It states that for a valid contract there must be (1) a lawful offer and acceptance, (2) lawful consideration, (3) capacity of the parties to contract, (4) free consent, (5) a lawful object, (6) intention to create legal relations, (7) certainty and possibility of performance, and (8) no legal formalities required or fulfilled. It provides definitions and examples for key terms like agreement, promise, consideration, and capacity. It also outlines exceptions for certain domestic agreements and situations that would make a contract void.
This document is the Contracts Act 1950 of Malaysia. It establishes the laws around contracts in Malaysia. The Act contains 9 parts that cover topics such as the formation and requirements of contracts, void and voidable contracts, performance of contracts, consequences of breach of contracts, indemnity, guarantee, bailment, and pledges. It was first enacted in 1950 and most recently revised in 2006 to incorporate all amendments to date.
This document summarizes 40 cases related to the legal maxim "volenti non fit injuria" (consent prevents legal injury). Some of the key points covered include:
- The defendant must prove the plaintiff freely and voluntarily consented with full knowledge of the risks involved. Implied or broad consent may be sufficient in some circumstances like medical emergencies.
- Rescue cases established that injury to rescuers was a foreseeable result of the original negligence or wrongdoing.
- The defense of volenti does not apply if the consent was obtained through fraud or misrepresentation.
- Public policy considerations can prevent certain duties of care from being imposed, such as between barristers during court proceedings.
Contract Law II Group Assignment PresentationTineshvaar
The document summarizes a group assignment presentation on the principle of remoteness of damages in contract law. It discusses key cases like Hadley v Baxendale, Victoria Laundry v Newman Industries Ltd, and Malaysian cases. Section 74 of the Contract Act 1950 adopts the two-limb rule from Hadley v Baxendale. Remoteness limits compensatory damages to losses naturally arising from the breach or contemplated by the parties.
Contract Law - Question given by lecturer and my answer.Maliza Eza
Mary promised to give her brothers RM500 monthly on the condition that their mother transfer some land to her. Their mother agreed and transferred the land to Mary. Mary however failed to fulfill her promise and her brothers sued her on the promise. Advise Mary.
Anton Piller order
Assignment of Choses in Action
Effect of Section 6 Civil Law Act 1956 in respect to equity
Fusion of Law and Equity
Meaning of maxims and illustrations from cases
Perpetual injunction
Promissory Estoppel
Reception of Equity in Malaysia
This case involved a dispute between Entores Ltd and Miles Far East Corporation over a contract for the purchase of copper cathodes. Entores attempted to sue Miles Far East in English courts, but could only do so if the contract was formed within England. The court had to determine whether the contract was formed when Miles Far East sent an acceptance from Amsterdam or when Entores received it in London. The judge ruled that for instantaneous communications like telex, the contract was formed upon receipt of the acceptance, so the contract was formed in London. Therefore, Entores was able to sue in English courts.
Syariah Evidence and Procedure. (short notes)intnmsrh
This document discusses various types of evidence in Islamic law including circumstantial evidence (al-qarinah). It defines circumstantial evidence as things that can be heard, seen, or touched, and which allow logical inferences to be made. It outlines five types of circumstantial evidence and discusses the authority for using expert evidence and documentary evidence. It also examines the application of circumstantial evidence in hudud (criminal) cases for offenses like theft, robbery, and zina (sexual relations outside of marriage), noting the conditions and views of different schools of Islamic law on when circumstantial evidence alone can prove guilt.
The document summarizes the history and current state of the legal profession in Malaysia. It discusses:
- The legal profession in Malaysia is a fused profession with no distinction between solicitors and barristers.
- The earliest lawyers were known as "law agents" or "advocates and attornies", with the first admission recorded in 1808.
- Various ordinances established regulatory bodies for lawyers in different states, which were consolidated by the Legal Profession Act 1976, establishing the Malaysian Bar and Bar Council. However, Sabah and Sarawak continue to have their own separate legislation and professional bodies.
This document discusses the legal principles of offer and acceptance in contract law. It defines an offer as a proposal made with the intention of obtaining consent. The key points covered are:
1) An offer must be definite, unambiguous, and communicated to the offeree. It cannot be vague or a mere invitation.
2) For a valid acceptance, the acceptance must be absolute and unconditional, conforming to all terms of the offer. A conditional or qualified acceptance is considered a counter-offer.
3) The acceptance must be communicated to the offeror in a reasonable manner, such as in writing or orally, for a contract to be formed. Silence does not imply acceptance.
The document discusses the legal concept of an offer under contract law. It defines an offer and lists its essential elements. It explains that an offer requires two parties - the offeror who makes the offer and the offeree to whom the offer is made. The document outlines different types of offers including express and implied offers, specific and general offers, cross offers, counter offers, and standing offers. It also discusses rules regarding a valid offer and provides examples to illustrate these concepts. The summary provides a high-level overview of the key topics and concepts discussed in the document relating to the formation and types of offers.
The document discusses the differences between murder and culpable homicide under Indian law. It examines the exceptions under Section 300 that may reduce a murder charge to culpable homicide not amounting to murder. These exceptions include provocation, exceeding the right of private defense, a public servant exceeding their powers, sudden fight, and consent. The document analyzes several court cases to illustrate how the exceptions have been applied in practice and the criteria courts consider in determining whether an exception applies.
This document provides an overview of divorce law in Malaysia, including:
1. The jurisdiction of courts to hear divorce petitions and the requirements under Section 48(1) of the Law Reform (Marriage and Divorce) Act 1976.
2. The ways to obtain a divorce, including presumption of death, divorce by conversion, mutual consent, and breakdown of marriage on grounds such as adultery, behavior, desertion, or living apart.
3. Exceptions to the two-year waiting period before filing for divorce, such as in cases of exceptional hardship or depravity or if one party converts to Islam.
The document discusses bail amounts set in three criminal cases in Malaysia. In the first case, bail of RM70,000 was set for a man charged with 14 offenses related to insulting the Johor royal family, which many viewed as excessive given the charges and the man's financial means. In the second case, bail of RM5,000 was set for a sedition charge, which matched the maximum fine amount and was also seen as unjustifiably high. In the third case, bail of RM15,000 was set for a prominent opposition figure charged with criminal defamation, which some argued was still excessive despite being lower than what prosecutors requested. The document analyzes factors courts typically consider for bail amounts and concludes the
This document discusses the legal principles of occupier's liability in tort law. It begins by defining key terms like "occupier" and explaining that occupier's liability concerns the duty owed by those in control of premises to prevent injuries to visitors from defects in the static state of the premises.
It then examines cases that establish the legal tests for determining who qualifies as an occupier, such as those with control or the legal right to possession. The document also categorizes different types of visitors and outlines the varying duties of care occupiers owe to contractual visitors, invitees, licensees, and trespassers from highest to lowest. Finally, it provides examples of how these principles have been applied regarding what constitutes an
The document discusses the law of negligence and tort in Malaysia. It covers the elements of negligence including duty of care, breach of duty, and damages. It provides examples of how negligence applies in different contexts like construction projects. The document also summarizes the Highland Tower collapse case where the developer, consultant, engineer, and neighboring properties were found to have contributed to the collapse due to issues with slope stability and drainage.
This document summarizes the background of a civil case between Madasama Goodway Sdn Bhd and Lim Eng Huat regarding the sale of a property. Key points:
- Lim Eng Huat had rented a property from Madasama and wanted to purchase it after a fire damaged the building. They signed an agreement on July 19, 2002 for RM270,000.
- Lim paid a deposit and took steps to obtain financing, but Madasama refused to complete the sale. Lim filed a lawsuit seeking specific performance of the agreement.
- The High Court ruled in Lim's favor, but Madasama appealed. The document outlines the claims and evidence presented by both sides regarding whether the agreement was
Helmi lit a bonfire in his garden to burn rubbish. The smoke from the fire annoyed his neighbors and damaged a neighbor's clothes. It also obstructed the vision of a passing motorist who crashed into a lamp post as a result. Later, the fire spread and destroyed a neighbor's garden shed.
Helmi is liable for public nuisance because the smoke obstructed the motorist. He committed a criminal offence by lighting the fire without approval. Helmi is also liable for private nuisance to his neighbors due to the smoke and damage. Finally, Helmi is strictly liable under Rylands v Fletcher because the fire was a dangerous thing that escaped from his property and damaged his neighbor.
A landmark case on the situation of minors in contracts other than necessity, scholarship or insurance. Minor are those below 18 years of age and normally are incompetent to enter into any contracts.
It is common knowledge that contracts are heart and soul of any business activity. A full proof contract requires vast knowledge of the business world, a thorough understanding of drafting knowledge. Commercial contracts form the backbone of many commercial transactions from vendor agreements to client engagement agreements.
The document discusses various concepts related to contracts including the definition of a contract, essential elements of a valid contract, classification of contracts, joint ventures, and complex contract terminology. It provides details on the Indian Contract Act of 1872, general principles of contracts in India, tendering processes, and requests for proposals. Key points covered include the history and objectives of the Contract Act, types of contracts based on validity and performance, advantages of joint ventures, and considerations for negotiating complex contracts.
This document summarizes a court case between Fraser and Everett regarding a breach of contract for shares in the Bentong Tin Mining Company. Fraser contracted to purchase 100 shares for Everett at $13 per share, with terms of cash on delivery of transfers and scrip expected to be mailed around the end of March. However, the scrips did not arrive until May 15th, which the court found was not a reasonable time given the shares were of a fluctuating nature in the mining industry. Additionally, Everett contracted for scrip but Fraser attempted to deliver bearer warrants instead, which the court ruled Everett could not be compelled to accept. Therefore, the court found for the defendant Everett,
The document discusses the essential elements of a valid contract according to Indian contract law. It states that for a valid contract there must be (1) a lawful offer and acceptance, (2) lawful consideration, (3) capacity of the parties to contract, (4) free consent, (5) a lawful object, (6) intention to create legal relations, (7) certainty and possibility of performance, and (8) no legal formalities required or fulfilled. It provides definitions and examples for key terms like agreement, promise, consideration, and capacity. It also outlines exceptions for certain domestic agreements and situations that would make a contract void.
This document is the Contracts Act 1950 of Malaysia. It establishes the laws around contracts in Malaysia. The Act contains 9 parts that cover topics such as the formation and requirements of contracts, void and voidable contracts, performance of contracts, consequences of breach of contracts, indemnity, guarantee, bailment, and pledges. It was first enacted in 1950 and most recently revised in 2006 to incorporate all amendments to date.
This document summarizes 40 cases related to the legal maxim "volenti non fit injuria" (consent prevents legal injury). Some of the key points covered include:
- The defendant must prove the plaintiff freely and voluntarily consented with full knowledge of the risks involved. Implied or broad consent may be sufficient in some circumstances like medical emergencies.
- Rescue cases established that injury to rescuers was a foreseeable result of the original negligence or wrongdoing.
- The defense of volenti does not apply if the consent was obtained through fraud or misrepresentation.
- Public policy considerations can prevent certain duties of care from being imposed, such as between barristers during court proceedings.
Contract Law II Group Assignment PresentationTineshvaar
The document summarizes a group assignment presentation on the principle of remoteness of damages in contract law. It discusses key cases like Hadley v Baxendale, Victoria Laundry v Newman Industries Ltd, and Malaysian cases. Section 74 of the Contract Act 1950 adopts the two-limb rule from Hadley v Baxendale. Remoteness limits compensatory damages to losses naturally arising from the breach or contemplated by the parties.
Contract Law - Question given by lecturer and my answer.Maliza Eza
Mary promised to give her brothers RM500 monthly on the condition that their mother transfer some land to her. Their mother agreed and transferred the land to Mary. Mary however failed to fulfill her promise and her brothers sued her on the promise. Advise Mary.
Anton Piller order
Assignment of Choses in Action
Effect of Section 6 Civil Law Act 1956 in respect to equity
Fusion of Law and Equity
Meaning of maxims and illustrations from cases
Perpetual injunction
Promissory Estoppel
Reception of Equity in Malaysia
This case involved a dispute between Entores Ltd and Miles Far East Corporation over a contract for the purchase of copper cathodes. Entores attempted to sue Miles Far East in English courts, but could only do so if the contract was formed within England. The court had to determine whether the contract was formed when Miles Far East sent an acceptance from Amsterdam or when Entores received it in London. The judge ruled that for instantaneous communications like telex, the contract was formed upon receipt of the acceptance, so the contract was formed in London. Therefore, Entores was able to sue in English courts.
Syariah Evidence and Procedure. (short notes)intnmsrh
This document discusses various types of evidence in Islamic law including circumstantial evidence (al-qarinah). It defines circumstantial evidence as things that can be heard, seen, or touched, and which allow logical inferences to be made. It outlines five types of circumstantial evidence and discusses the authority for using expert evidence and documentary evidence. It also examines the application of circumstantial evidence in hudud (criminal) cases for offenses like theft, robbery, and zina (sexual relations outside of marriage), noting the conditions and views of different schools of Islamic law on when circumstantial evidence alone can prove guilt.
The document summarizes the history and current state of the legal profession in Malaysia. It discusses:
- The legal profession in Malaysia is a fused profession with no distinction between solicitors and barristers.
- The earliest lawyers were known as "law agents" or "advocates and attornies", with the first admission recorded in 1808.
- Various ordinances established regulatory bodies for lawyers in different states, which were consolidated by the Legal Profession Act 1976, establishing the Malaysian Bar and Bar Council. However, Sabah and Sarawak continue to have their own separate legislation and professional bodies.
This document discusses the legal principles of offer and acceptance in contract law. It defines an offer as a proposal made with the intention of obtaining consent. The key points covered are:
1) An offer must be definite, unambiguous, and communicated to the offeree. It cannot be vague or a mere invitation.
2) For a valid acceptance, the acceptance must be absolute and unconditional, conforming to all terms of the offer. A conditional or qualified acceptance is considered a counter-offer.
3) The acceptance must be communicated to the offeror in a reasonable manner, such as in writing or orally, for a contract to be formed. Silence does not imply acceptance.
The document discusses the legal concept of an offer under contract law. It defines an offer and lists its essential elements. It explains that an offer requires two parties - the offeror who makes the offer and the offeree to whom the offer is made. The document outlines different types of offers including express and implied offers, specific and general offers, cross offers, counter offers, and standing offers. It also discusses rules regarding a valid offer and provides examples to illustrate these concepts. The summary provides a high-level overview of the key topics and concepts discussed in the document relating to the formation and types of offers.
The document discusses the differences between murder and culpable homicide under Indian law. It examines the exceptions under Section 300 that may reduce a murder charge to culpable homicide not amounting to murder. These exceptions include provocation, exceeding the right of private defense, a public servant exceeding their powers, sudden fight, and consent. The document analyzes several court cases to illustrate how the exceptions have been applied in practice and the criteria courts consider in determining whether an exception applies.
This document provides an overview of divorce law in Malaysia, including:
1. The jurisdiction of courts to hear divorce petitions and the requirements under Section 48(1) of the Law Reform (Marriage and Divorce) Act 1976.
2. The ways to obtain a divorce, including presumption of death, divorce by conversion, mutual consent, and breakdown of marriage on grounds such as adultery, behavior, desertion, or living apart.
3. Exceptions to the two-year waiting period before filing for divorce, such as in cases of exceptional hardship or depravity or if one party converts to Islam.
The document discusses bail amounts set in three criminal cases in Malaysia. In the first case, bail of RM70,000 was set for a man charged with 14 offenses related to insulting the Johor royal family, which many viewed as excessive given the charges and the man's financial means. In the second case, bail of RM5,000 was set for a sedition charge, which matched the maximum fine amount and was also seen as unjustifiably high. In the third case, bail of RM15,000 was set for a prominent opposition figure charged with criminal defamation, which some argued was still excessive despite being lower than what prosecutors requested. The document analyzes factors courts typically consider for bail amounts and concludes the
This document discusses the legal principles of occupier's liability in tort law. It begins by defining key terms like "occupier" and explaining that occupier's liability concerns the duty owed by those in control of premises to prevent injuries to visitors from defects in the static state of the premises.
It then examines cases that establish the legal tests for determining who qualifies as an occupier, such as those with control or the legal right to possession. The document also categorizes different types of visitors and outlines the varying duties of care occupiers owe to contractual visitors, invitees, licensees, and trespassers from highest to lowest. Finally, it provides examples of how these principles have been applied regarding what constitutes an
The document discusses the law of negligence and tort in Malaysia. It covers the elements of negligence including duty of care, breach of duty, and damages. It provides examples of how negligence applies in different contexts like construction projects. The document also summarizes the Highland Tower collapse case where the developer, consultant, engineer, and neighboring properties were found to have contributed to the collapse due to issues with slope stability and drainage.
This document summarizes the background of a civil case between Madasama Goodway Sdn Bhd and Lim Eng Huat regarding the sale of a property. Key points:
- Lim Eng Huat had rented a property from Madasama and wanted to purchase it after a fire damaged the building. They signed an agreement on July 19, 2002 for RM270,000.
- Lim paid a deposit and took steps to obtain financing, but Madasama refused to complete the sale. Lim filed a lawsuit seeking specific performance of the agreement.
- The High Court ruled in Lim's favor, but Madasama appealed. The document outlines the claims and evidence presented by both sides regarding whether the agreement was
Helmi lit a bonfire in his garden to burn rubbish. The smoke from the fire annoyed his neighbors and damaged a neighbor's clothes. It also obstructed the vision of a passing motorist who crashed into a lamp post as a result. Later, the fire spread and destroyed a neighbor's garden shed.
Helmi is liable for public nuisance because the smoke obstructed the motorist. He committed a criminal offence by lighting the fire without approval. Helmi is also liable for private nuisance to his neighbors due to the smoke and damage. Finally, Helmi is strictly liable under Rylands v Fletcher because the fire was a dangerous thing that escaped from his property and damaged his neighbor.
A landmark case on the situation of minors in contracts other than necessity, scholarship or insurance. Minor are those below 18 years of age and normally are incompetent to enter into any contracts.
It is common knowledge that contracts are heart and soul of any business activity. A full proof contract requires vast knowledge of the business world, a thorough understanding of drafting knowledge. Commercial contracts form the backbone of many commercial transactions from vendor agreements to client engagement agreements.
The document discusses various concepts related to contracts including the definition of a contract, essential elements of a valid contract, classification of contracts, joint ventures, and complex contract terminology. It provides details on the Indian Contract Act of 1872, general principles of contracts in India, tendering processes, and requests for proposals. Key points covered include the history and objectives of the Contract Act, types of contracts based on validity and performance, advantages of joint ventures, and considerations for negotiating complex contracts.
The document discusses Memorandums of Understanding (MOUs), including what they are, why they are created, and factors that determine whether an MOU is legally enforceable. Some key points:
- MOUs outline mutual understanding and plans between two or more parties, but are generally not legally binding like contracts. They help avoid disputes by defining roles and responsibilities.
- Courts examine elements like the parties' intent, language used, conduct after signing, and inclusion of clauses on confidentiality, dispute resolution, and liability when deciding enforceability.
- MOUs can become enforceable if they satisfy contract requirements and indicate the parties intended to be legally bound through factors like specifying consequences for breach. The inclusion of in
The document discusses a case involving TAM's College hiring a marketing firm, NAMS, to promote the college. TAM's paid NAMS £1500 upfront but NAMS broke the contract terms by missing deadlines. TAM's is suing NAMS to get their money back. Additionally, a TAM's staff member was injured on the job for not wearing proper protective gear as required. TAM's is facing legal penalties due to vicarious liability policies. The document analyzes contract elements, types of contracts, negligence torts, and defenses against negligence in analyzing both legal situations.
The document discusses various aspects of business law and legal issues related to contracts and agreements in the tourism industry. It defines key terms like contract, essential elements of a contract, offer and acceptance. It also explains different types of contracts/agreements, conditions for a valid contract, breach of contract and available remedies. Additionally, it discusses void and voidable agreements, and compares contracts and agreements. The document provides useful information on the formation, interpretation and enforcement of contracts in business and tourism.
This document provides an overview of business law and contracts in Pakistan. It discusses key topics such as the definition of law and business law, essential elements of a valid contract including offer, acceptance, consideration and capacity of parties. It also classifies contracts according to enforceability, formation, parties and performance. The Contract Act of 1872 is the main law governing contracts in Pakistan and covers general contract principles and specific contract types like indemnity and agency.
The document discusses a case involving contracts between TAM's College and NAMS marketing firm. NAMS was hired for one month to promote TAM's but broke the contract after one week. TAM's sued based on a contract term requiring NAMS to refund fees and pay £1500 if they failed to deliver. TAM's was also sued under vicarious liability because a staff member was injured for not wearing proper attire as required. The document analyzes elements of a valid contract, different contract types, terms, and defenses. It contrasts tort and contractual liability, discusses negligence elements and defenses, and how vicarious liability applies to businesses.
The document provides an overview of contract law presented by a group. It discusses key topics like the definition of a contract, essential elements, capacity and intention. The presentation aims to help understand contracts and distinguish between valid, void and voidable contracts, including valid infant contracts. Team members are listed and 6 learning objectives are provided on defining contracts and understanding capacity, intention and how they relate.
11262014 The Legal Environment of Business, Ch. 6 - Learning.docxhyacinthshackley2629
11/26/2014 The Legal Environment of Business, Ch. 6 - Learning Activity - Week3 - LAW/421 - eCampus
https://newclassroom3.phoenix.edu/Classroom/ToolContainer.jsp?context=co&contextId=OSIRIS:44425562&activityId=96f01290-3b42-490d-be28-e6f95540138d… 1/24
Overview and Formation of Contracts
Learning Outcomes Checklist
After studying this chapter, students who have mastered the material will be able to:
Distinguish between contracts based on categories and apply the correct source of law to specific contracts.
Explain the concept of mutual assent by defining the legal requirement of agreement.
Identify and explain the other requirements for the formation of a valid contract.
List the events that terminate the power of acceptance and distinguish between termination through action of the parties versus
operation of law.
Apply the mailbox rule to resolve a question of when acceptance is effective.
Articulate the legal requirement of consideration and identify which contracts do not require consideration.
Give examples of circumstances where the legal requirements of capacity or legality are at issue.
Explain the concept of enforceability and geniune assent.
Categorize what contracts must be in writing to be enforceable and explain the minimum required terms that satisfy the law.
The law of contracts is one of the most common and important areas of the law that business owners and managers deal with on a dayto
day basis. Everyone working in a business environment will, in one form or another, deal with contracts throughout their career.
Employment contracts, leases, and agreements of sale for assets or land or merchandise are just a few examples of contracts commonly
used in business transactions. The simple act of purchasing office supplies from a local merchant is a form of agreement governed by
contract law.
Formation and legal enforcement of agreements have been recognized since ancient times. As early as 1780 BC, contracts were being
enforced by the Babylonians by virtue of the authority of the Code of Hammurabi. During much of the rule of the Roman Empire, the
Justinian Code included the rule pacta sunt servanda (agreements shall be kept). Many legal scholars, notably Dean Roscoe Pound, have
written extensively on the importance of society recognizing legally enforceable promises and providing remedies for those who suffered
losses. Consider the consequences of failing to provide for legal enforceability of a promise and its impact on the very fabric of civilized
societies.
Since business owners and managers are often involved in daytoday oversight of various agreements and transactions, understanding
contract law reduces risk by limiting liability through the recognition of potential legal issues, crafting an appropriate response, and
implementing a system to ensure compliance. Contract law is also essential to structuring business transactions in strategic ways to
achieve business objectives without excessive risk.
In this.
The document summarizes key aspects of contract law in India according to the Indian Contract Act of 1872. It defines a contract as an agreement that is enforceable by law, consisting of an agreement and enforceability. It outlines the essential elements that must be present for an agreement to be considered a valid contract, including offer and acceptance, lawful consideration, capacity and consent of parties, a lawful object, and certainty of terms. It also distinguishes between different types of contracts based on validity, formation, and performance. Finally, it compares the differences between void, voidable, and illegal agreements.
The document discusses the Indian law of contracts. It provides definitions of key concepts like law, agreement, and contract. It summarizes the Indian Contract Act of 1872, including that it has 266 sections across 11 chapters governing general contract principles. It also discusses essential elements of a valid contract, types of contracts, and formation of contracts through offer and acceptance.
This document contains information about a group assignment for a contract law class. It lists the names and registration numbers of 3 students - Hadija Nyagawa, Masunga Jandika, and Christian Mrema. The rest of the document summarizes key concepts of contract law, including the requirements for a valid contract, acceptance of an offer, interpretation of contracts, capacity to contract, remedies for breach of contract, and ways a contract can be discharged.
Online Assignments Australia is pioneer in assignment writing service, Valid contract Assignment Help is based on essential elements of valid contract .
What Is an IC Agreement: A Complete OverviewBnher.com
In the realm of business relationships, Independent Contractor (IC) Agreements stand as essential documents governing the engagements between entities and individuals providing services as independent contractors. This comprehensive guide aims to unravel the intricacies of IC Agreements, shedding light on their purpose, key components, and the legal considerations that underpin these contractual arrangements.
Contract short note.pptx contract law part oneSaabbaaMan
This chapter introduces the concepts of obligation and contract. It defines obligation as a legal or moral duty and notes there is no single definition. Contract is defined as a legally enforceable promise or agreement. The key elements of a valid contract are identified as capacity, consent, object, and form if required. Sources of obligations are contractual, from terms of a contract, and non-contractual from other legal sources like tort. Historical development saw contract law emerge in the 19th century from commercial disputes in a period of expanding trade.
A contract is an agreement that is enforceable in court and is formed when two or more parties agree to perform or refrain from performing some act now or in the future. The essential elements of a valid contract are agreement, consideration, contractual capacity, and legality. There are different types of contracts including bilateral and unilateral contracts, formal and informal contracts, and express and implied-in-fact contracts. Defenses to the enforceability of a contract include issues with genuineness of assent, mistakes, duress, and improper form.
This document discusses various aspects of contracts and negligence. It begins by outlining the essential elements required for a valid contract, including offer and acceptance, intention to create legal relations, consideration, and free consent. It then examines different types of contracts and terms that may be included. Several business scenarios are analyzed to demonstrate how contracts may or may not be formed based on the presence of essential elements. The document also explores the differences between contractual liability and tort liability, as well as the nature of liability in negligence cases. Vicarious liability is briefly discussed. Overall, the document provides a comprehensive overview of key legal concepts relating to contracts and negligence.
The document discusses the definition and essential elements of a valid contract. It defines a contract as an agreement that is enforceable by law, made between two or more parties where each party provides something in return. The essential elements for a valid contract are: agreement between two competent parties, lawful consideration, lawful object, intention to create a legal relationship, free consent, and certainty of terms. The document also discusses different types of contracts based on validity, formation, and performance, including valid, void, voidable, illegal, unilateral, bilateral, executed, and executory contracts.
The document discusses the definition and essential elements of a valid contract. It defines a contract as an agreement enforceable by law involving an offer, acceptance, consideration, and lawful object. It outlines the key elements that must be present for an agreement to constitute a legally binding contract, including offer and acceptance, intention to create legal relations, lawful consideration, capacity of parties, free consent, lawful object, certainty, possibility of performance, and avoidance of certain prohibited agreements. It also distinguishes between different types of contracts and agreements.
Meaning Definitions and Essentials Elements of a Valid ContractAmitGuleria13
The document discusses the meaning, definitions, and essentials of a valid contract under Indian law. It provides definitions of a contract from various legal scholars and under Indian Contract Act 1872. It explains that a valid contract requires an offer and acceptance, lawful consideration, lawful object, free consent between competent parties, and intention to create legal obligations. The document outlines the key elements that must be present for an agreement to amount to an enforceable contract under Indian law.
The activity of note taking can be considered part of Writing across the Curriculum, Good note-taking can play a huge role in your academic success but not everyone has the note-taking skill necessary to make use of this beneficial practice. The activity of note taking is very crucial; however you can improve your note-taking skills and grades, while learning more with less effort.
Transport is the act of moving, carrying and conveying items and people from one place to another. Communication on the other hand refers to the process of transferring information between individuals, groups and places. Transport and communications facilities enable people to interact by travelling, moving commodities and spreading information.
Research has been very interesting discipline to scholars and researchers for the past decades, but now new researchers and even final year students might find it difficult because their experience towards it may be very limited even thought they are expected to do and present their final project proposals. The fact remains that, research is so interesting and exciting subject, all you need is to be interested your area of research, select good topic and be ready to contribute.
Dualism, main assumptions of dualism, similarities, differences, and why plan...Ali jili'ow
This document discusses dualism, development thinking, planning, and why planning is needed in developing countries. It begins by outlining the main assumptions of dualism theory, including that traditional and modern sectors develop separately with little interaction. It then discusses definitions of planning and reasons why planning is important in developing contexts, such as rapid population growth, resource scarcity, and poverty. As an example, issues around development in Nigeria are described. The document also provides an overview of strategic planning processes and gives an example strategic plan for a local mineral water organization.
Policy, procedure, types of policy, characteristics of policy & policy an...Ali jili'ow
There has been a widespread confusion among students regarding the meaning of policy and procedure and the difference between these terms, some people talk about policy, meaning of a policy and procedures manual, Others talk about policy meaning the implicit framework that guides our day to day actions on the job while still Others emphasize that policy is made by boards within an organization.
However, this paper highlight very briefly what is a policy meaning and definition of policies, types of policy stages of policy cycle, elements of policy¸ criteria for good policy, policy analysis approaches, forms of policy analysis approaches, differences between policies and procedures, characteristics of policy and stages of policy process, the paper arranged as Q/A format.
Business strategy, corporate strategy, swot analysis & swot matraxAli jili'ow
Business strategy has been concern for many managers and investors, in order for any organization to be successful in its missions and vision, organization should establish and implementing the best strategy that can conform to all organization's corporate and business levels. As famous scholar has already said ''business without strategy is like a ship without compass''.
Nevertheless, this report discusses the background of Nike Corporation, mission and vision statement of the company, the company's SWOT analysis in the form of Matrix, the corporation's competitive Profile matrix, External factor evaluation matrix, Internal factor evaluation matrix, the report also identifies and evaluates Nike's current corporate and business level, finally the this report recommends the best strategy that Nike should pursuit in order to be successful in the athletic market. Nike Corporation is being chosen because there are no corporations that operate officially here in Mogadishu, Somalia and what is more, data availability is relatively difficulty.
Introduction
Undergraduate students find difficult to prepare detailed, clear and concise assignment and course projects, because their research experience is quite limited, it's far worse when course instructor/lecturer send them to prepare marketing plan in second or third semester. Nevertheless, this paper presents (step-by step) what is a marketing plan is all about technically, we choose very popular bank named Citibank in the United States, I hope students will meet their requirements about how to write detailed and neatly arranged marketing plan. If you find it useful, don't hesitate to download and use it. Please be advised not to copy, paraphrase it.
DIFFERENCE BETWEEN PROPOSAL, RESEARCH & REPORTAli jili'ow
This document provides information on proposals, research, and reports. It defines a proposal as a written presentation that clarifies a research problem, purpose, methodology and budget. Research is defined as a systematic search for knowledge on a topic. There are different types of proposals including new, revised, supplemental and continuation. The document also discusses writing a research proposal, what constitutes research, characteristics of good research, and how to prepare and structure reports. It provides guidance on the key differences between proposals, research and reports.
Is islamic insurance substitute to conventional insuranceAli jili'ow
Islamic insurance has captured the attention of Muslims and non -Muslims throughout the world, due to its tough establishment of Islamic principles which are based on the idea of brotherhood, mutual co-operation and solidarity.
Do you believe that Islamic insurance could be substitute to conventional insurance?
Personnel planning, recruitment process and hr challenges in the 21st centuryAli jili'ow
This Paper discusses personnel planing, recruitment, selection and the procedure for planning Organization's human resources requirements, and subsequently recruitment process. Finally the paper focuses very briefly on the challenges that HR managers are facing in the 21st century.
Report on consumer's level of awareness and rights in mogadishu, somaliaAli jili'ow
This Paper highlights Consumer's level of Awareness, Consumer Empowerment and Rights in Mogadishu Somalia, First of all the paper provides an overview about Somalia, Demographic characteristics of Somali Population, it discusses very briefly Somali's first survey after decades of chaos and energy, it also discusses Consumer Protection & Empowerment in America, Africa, Asia and Europe, Finally it compares Somalis consumer protection with that of South East Asian Nations.
Corporate social respobsibility:Is it positive or negative, Contradictory vie...Ali jili'ow
This paper emphasizes weather corporate social responsibility is positive or negative,the paper presents concepts, history and definition of social responsibility, finally the paper discusses different arguments that supports or challenges this concept.
Report on consumer's level of awareness and rights in mogadishu, somaliaAli jili'ow
This report Presents consumer's level of awareness and rights in Mogadishu Somalia.Primarily the report shed lights on an overview about Somalia,the Somali's demographic characteristics,Consumer protection in America, Asia, Europe and Africa, particularly in East Africa,it also compares the consumer protection in South East Asian Countries with in Somalia.
This document provides information about Nike Corporation, including:
- Background on Nike's founding in 1962 and its mission to bring inspiration and innovation to every athlete.
- Nike's vision is to be the world's leader in athletic wear. Its goals are to eliminate waste and harmful substances.
- An analysis of Nike's environment including the growing athletic industry, competitive landscape, and how economic and technological changes can impact Nike.
- A SWOT analysis and discussion of Nike's strategies to maintain its leading market position in the athletic industry.