Topic 3.pdf - Topic 3 Contract Law Usual remedies for civil...

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- 1 - Topic 3: Contract Law Usual remedies for civil case Damages Rescission Specific performance (court orders you to do something) Injunction (court stops you from doing something) Breach of contract is a civil case. When a contract is legally binding, the court can assign the usual remedies in case of breach of contract A contract is a legally binding agreement between two or more contracting parties. It is legally enforceable in the eyes of the law. Property contract stages 1. S&P agreement at Estate Agency: contract stage (for simple contract, this is enough) 2. Sign a deed at the lawyer office: deed stage. It gives the legal title of the property. The deed only used under exceptional situation (land). It happens a few months after the S&P agreement. You are the legal owner of the property is your name is on the deed Types of contract Specialty contract/deed/contract under seal o Signed, sealed, or delivered o Enforceable even if lack of consideration o Must use deed for long leases (over 3 years) or transfer of land/flats Deed vs doctrine od resulting trust and constructive trust Deed vs reliance on doctrine of resulting trust and constructive trust when the name is not included in the deed Resulting trust: contribution towards the purchase price Constructive trust: non-purchase price contribution like household expenses, decoration and interior design fees Simple contract Simple contract Formats o Written (like will or partnership agreement or the articles of association). It gives better protection in case of a dispute. o Orally made (buy a computer from a shop through oral conversation) o By conduct (ride a bus) o Contracts are usually made orally or by contract, it is sometimes hard to prove because of a lack of evidence. o To prove them, use witness examination (court gives weights to the different witnesses). All the facts of the case are admissible evidence Elements of a valid contract o Formation
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- 2 - Offer: employer (offeror) gives appointment letter stating all the conditions to employee (offeree). Define and clear promise Bound by specific terms (salary, IP rights, medical benefits, housing allowance, leave entitlement, job duties) If the offer terms are unclear and ambiguous, even if it is accepted, there is no valid contract for an offeree cannot accept something which is unclear in the first place Offer must be communicated to the offeree An offer can be made expressly by words spoken or in writing or implied by conduct It must be made with the intention that it will accepted The offer may be withdrawn at any time prior to acceptance provided that withdraw is communicated to the offeree The offer ceases to be effective o When the offeror properly withdraws o When time expires o If no time is stated, after a reasonable time: usual professional practice of the field (better to make specific deadline clear) o When a counter offer is made o Upon the death of the offeree or death of the offeror before acceptance
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