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Search Results - Essays tagged with 'implied'

Essay Title	Members Rating
"It would be hard to over emphasise either the contribution made by implied terms in building up a contract of employment or the flexibility and power this operation gives to the judges whose job it is to construe the contract" - Discuss.
According to law, a "contract" is, generally speaking, a legally binding bargain between parties, where there has been offer, acceptance and consideration.
Do companies have complete freedom to act? Analyse the doctrine of ultra vires and the proposed reforms in the Companies Bill designed to grant companies full capacity.
"business law in hong kong" p
"Everyday Use" by Alice Walker and "A&P" by John Updike, both exhibit a comparable problem concerning acceptance.
"Given the House of Lords' strict interpretation of the doctrine of offer and acceptance in Gibson v Manchester City Council [1979] 1 All ER 972, would The Satanita [1895] P 248 be decided the same way today?"
"Intention to create legal relations could be used to replace the doctrine of consideration. There is no reason in principle why a gratuitous promise seriously meant should not be enforced."
"The common element [of the doctrines of both common mistake and frustration] is ... that both doctrines are concerned with the allocation of risk of unforeseen events." Ewan McKendrick Contract Law: Text, cases and Materials (Oxford: OUP, 2005) p.636. Di
"The courts have insisted that no contract (other than a contract under seal) can be enforceable in the absence of consideration."
"The current law of duress and undue influence is so unclear that it creates chaos rather than uncertainty in the law." Discuss.
"The current law of duress and undue influence is so unclear that it creates chaos, rather that certainty in the law" Discuss.
"The law in relation to misrepresentation drives a 'coach and four' through the hallowed principle of caveat emptor".
"The Law in relation to misrepresentation drives a 'coach and four' through the hallowed principle of caveat emptor." Discuss
"The law in relation to misrepresentation makes a mockery of the hallowed principle of caveat emptor"
"The law in relation to misrepresentation makes a mockery of the hallowed principle of caveat emptor", discuss.
"The Roles and contract of Employment".
"The rules on offer and acceptance may have been adequate in the twentieth-century: they are inappropriate for the technologies of the twenty-first". Do you agree? Give your reasons.
"There are occasions where terms are implied into contracts which have never been discussed by the parties. Critically consider the circumstances in which this is likely to occur"
"To see leases as contracts is helpful with respect to the original landlord and tenant but not with respect to third parties." Discuss.
"Whist ultimately the courts and case law will resolve any dispute which arises, Financial Services and the Financial Services sector have skilfully employed contract law at every opportunity in an endeavour to ensure disputes can be avoided"
'Commercial Law Aspects of Commercial Transactions'
'English law probably does and certainly should recognise a duty to bargain in good faith.' Discuss.
'The classic definition of consideration is that it may consist of some benefit accruing to one party or some detriment suffered by the other. In truth, however, the courts are inconsistent in their approach in identifying a benefit or detriment.
'The club will not accept responsibility for any loss suffered by customers', would appear to be, what the dance club would define as, an exclusion clause - Discuss.
'The Contracts (Rights of Third Parties) Act 1999 has replaced one bad rule with another.' Discuss.

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Search Results - Essays tagged with 'implied'

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