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A contract is a legally binding document that recognizes and governs the rights and duties of the parties to the agreement. A contract is legally enforceable because it meets the requirements and approval of the law. A contract typically involves the exchange of goods, service, money, or promise of any of those. "Breach of contract", means that the law will have to award the injured party either the access to legal remedies such as damages or cancellation.In the Anglo-American common law, formation of a contract generally requires an offer, acceptance, consideration, and mutual intent to be bound. Each party must be those who are binding by the contract. Although most oral contracts are binding, some types of contracts may require formalities such as being in writing or by deed.In the civil law tradition, contract law is a branch of the law of obligations.Each country recognised by private international law has its own national system of law to govern contracts. Although systems of contract law might have similarities, they may contain significant differences. Accordingly, many contracts contain a choice of law clause and a jurisdiction clause. These provisions set the laws of the country which will govern the contract, and the country or other forum in which disputes will be resolved, respectively. Failing express agreement on such matters in the contract itself, countries have rules to determine the law governing the contract and the jurisdiction for disputes. For example, European Member States apply Article 4 of the Rome I Regulation to decide the law governing the contract, and the Brussels I Regulation to decide jurisdiction.
Hello all,
My wife and I have been separated for over 15 months and launched the joined divorce application last month to Family Court WA. The court said will take more than 6 weeks to file the application, then arrange a court date. We figure that will be a long process to wait.
As we both...
Hi,
I have been tearing my hair out over this frustration for some time now and getting nowhere.
I have an agreed property settlement in hand with my ex. All I have to do is pay out x amount to her for her share of the house. Amount agreed, done. It is just a matter of getting it down on...
Can someone clarify what this means in a binding financial agreement?
"The provision of property and/or superannuation to either party pursuant to this agreement is also the provision of maintenance to that party of a value equal to 50% of the value of such property and/or superannuation."...
Hello,
Situation:
Wife inherited money from her grandmother who expressly wanted to provide for her. She purchased a 3 bedroom home in 1995 with this money and a mortgage. She lived in the house for a couple of years, then rented it out till September 2003 when she and her de facto moved into...
Is there a difference in the effect of an Binding Financial Agreement and a Binding Child Support Agreement (it's in addition to child support, and for school fees, uniforms and medical) in how the payments are collected or enforced? What legal remedy is available to the recipient of money under...
I have to sign a binding financial agreement for a divorce. The other party is having their solicitor draw it up. He has said that i need it sent to a solicitor and they will not send it to me. I haven't secured a solicitor yet and don't want to be pressured to pick someone so the papers can...
My fiancés financial settlement with his ex has dragged on.... so much so that we're getting married next month and although we thought we'd have it behind us by now... We won't.
Is there anyway I can prevent my assets - particularly my unit and savings being pulled Into the proceedings? Would...
Hi all
Hoping I can get my questions answered as I have been getting some conflicting information online.
Situation:
I met a girl in October 2016, and dated for a while but started a relationship in early January 2017. She started to stay over at my place full time since then (January 2017)...
I am trying to make a Binding Financial Agreement with my ex regarding our financial affairs to protect myself in the future. I had my solicitor draw up s90C documents (with consent via my ex's solicitor but at my expense). This reiterated the arrangements we had made when we separated (we...