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Law Of Contract As Private Justice
1,274 wordsContract law- The Doctrine of privity. The law of contract is not about only private justice or public regulation; it is clearly concerned with a combination of both of these aspects of contract law in a number of ways. I will discuss this point in relation to the debate concerning privity of contract and whether a third party beneficiary of a contract should have a cause of action against the promisor. The general rule or doctrine, of privity in contract is that only parties to a contract, henc...
Hobbes Social Contract Theory Thomas Hobbes
376 wordsHobbes Social Contract Theory Thomas Hobbes starts his argument by discussing the nature of mankind. One man can be better in something than another man, but in the end their positive and negative qualities add up to make them equal. This equality brings fear to men. They begin to suspect and hate one another, which brings them to war. When men are at war; morality, values and injustice vanish. The lack of a central governing system allows men to act according to their understanding. Hobbes stat...
Pre Registration Contract Against The Company
1,591 wordsThe common law view of pre-registration contracts was that the company did not exist for legal purposes until it had been formally incorporated (registered). This common law view resulted in company's being unable to enter a binding contract until they had been registered. However "given the delays which can be encountered in the registration process, the promoter of a company may wish to enter into contracts 'for' the company prior to its incorporation". An example of this may be a promoter wan...
476 wordsBusiness Law BA 434 SE Midterm Exam 2001 Spring Term Question One: Jim's promise is not enforceable under the contract law. A contract consists of 3 elements: 1) offer, 2) acceptance, and 3) consideration. The offer must be definite. It must have 1) subject, 2) price, 3) offered, 4) quantity, and 5) time for performance and it must be communicated to the offered. Applying the elements of a contract to the facts before us, the contract began when Jim offered Pam a place to live. He basically stat...
Contract On Behalf Of The Legal Entity
2,523 wordsCharta Magna: agreement between king John and his barons laying down mutual rights and obligations as well as the position of the lower nobility and the church. (1215) Habeas Corpus: is an important remedy against unlawful commitment. (1679) Bill of rights: protects statements in either house of parliament granting parliament itself the power to fine or imprison those who abuse this privilege. It also prohibited the king to levy taxes or keep an army without permission of parliament. (1689) Act ...
Acceptance Of The Terms Of An Offer
1,363 wordsPART I. Introduction England's contract law is consisted of several laws and they can not be written or at least explained in a student's assignment, which is consisted of 1000 words. Despite that I will try to outline the main points of the contact law and explain briefly what each means. On the second point I will explain the little difference between the English contact law with the equivalent contract law of my home country which is Cyprus. I wrote 'little differences ' because, Cyprus is fo...
Common Law View Of Pre Registration Contracts
2,951 words" Section 131 of the corporations act 2001 has changed the common law in respect of pre-Registration contracts". Explain the common law view of pre-registration contracts and then explain how section 131 has changed the common law. Then analyse and discuss the effect of section 131 and 132 in respect of the rights and obligations of promoters, companies and third parties. Your answer should make reference to the relevant cases as well as considering the legislative intention of the section. The ...
Unfair Advantage Of One Party
1,936 words'The law of contract must strike a balance between two competing aims'. Many of the rules governing contract are to ensure fairness and there are a number of distinct, though sometimes overlapping, doctrines concerning this area of English law. The question of fairness may be made in relation to the way in which the contract is made (procedural unfairness) or in the terms resulting from the contract (substantive unfairness). In English law the judicial approach to contracts, which are unfair or ...
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