midterm law.docx - Part A 1 English law 2 Federal constitution 3 State legislation 4 Superior courts 5 Superior courts 6 Plaintiff 7 Contract 8

midterm law.docx - Part A 1 English law 2 Federal...

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Part A 1. English law 2. Federal constitution 3. State legislation 4. Superior courts 5. Superior courts 6. Plaintiff 7. Contract 8. Acceptance 9. Invitation to treat 10. A supply of information Part B 1. Meaning of consideration in Section 2(d) of the Contracts Act 1950 is at the desire of the promisor, the promisee or any other person, has done from doing, or does from doing, or promises to do from doing, something, such act is called a consideration for the promise. 2. Bilateral contract is a contract offers to a particular or group of persons. The identity of the parties are known to the parties. Unilateral contract is a contract offers to the “world at large” /public. Only the identity of the offeror will be known. 3. However, in the case of Merritt v. Merritt (1970) the presumption was rebutted by evidence from the circumstances surrounding the case. The presence of a written note signed by the husband and the wife paid the installments of the house were evidence that the parties intended the agreement to have legal consequences. The wife succeeded to have the house transferred to her as promised. In commercial and business agreements the general rule is that there is always the presence of intention to create legal relations - Esso Petroleum Co. Ltd v Customs and Excise Commissioner (1976). This presumption is also rebuttable if the parties clearly express that it is not intended to be legally binding.
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