contract law

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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.

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    VIC Help on approach to answer a law question (Contract Law).

    Looking for any input on approaches to answering this sort of question. Otherwise, who would you side with in this scenario? Matilda is PhD student specialising in Ancient Egyptology. One day she attended a local market stall. Quite a few of the stalls were selling secondhand wares and antiques...
  2. A

    VIC Contract Law assigment question help

    Can I please have help for a contract law question I'm stumped over... Steven owns a scallop fishing boat and leases it to his cousin Danny for $20,000 per year for 10 years in 2017 to 2027. After 3 years of fishing, Danny realizes the scallops populations have dropped affecting his income and...
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    QLD Contract Law - hire agreement

    Hi There, on the 28th April 2022. I purchased a food trailer that was currently being hired out, the terms of the sale were assumed that the current hirer would continue on and a new contract to be set up with myself, he avoided entering into and agreement and paying rent, until i had the...
  4. R

    Is a contract/quote with a tradesperson applicable if the job was not possible in the first place?

    A plumber sends me a bill for $3000 for a few hours work. The quote for the whole job was $7000. I paid $700 deposit. My storm water drain, under a council lawn verge, between neighbour and my house, needed to be repaired. On starting work they discovered that just under the grass is a Telstra...
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    VIC Contract Law between Individual & Government

    Would anyone know which legislation covers Contract law between an individual and the Government Service? Is it just case law I would refer to here? I thought of Australia Consumer Law but I believe it doesn't apply here. Only between an individual and a business.
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    Does the auction have the right to withdraw their offer?

    I’m located in Victoria and was interested in a car that was on auction. The car listing had no photos so I had called the number provided and requested photos and a description of the car seeing as it is in another state (NSW). The dude I spoke to (called me on his personal number) sent me...
  7. Simmie’s mum

    QLD For those studying contract law

    If you have a written contract agreement to lease a car can it suddenly be terminated by a phone call advising the car needs to be returned ASAP as contract is terminated
  8. L

    Personal Training refund entitlement

    Me and my partner signed up with a personal trainer for a 12 week program. From the beginning he told us he would refund the money once he had put us in his books and under his insurance. So we signed a contract, yes on top of that contract it does say no refunds. The cost of the program we did...
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    VIC GENERAL BANKING QUESTION

    What section of the Bank Act covers - In the matter of disputed transactions - should the card have been stopped? In the matter of overdrafts - with no overdraft agreement how can the accounts be overdrawn? Thank you
  10. B

    Homework Question - Leases: Outstanding Rent and Loss of Trade

    Hi, I'm doing a homework question on IRAC about the following scenario: - Jess takes out a 3 term lease for tenancy in a shopping centre to open a cafe at $4,000 payable at the beginning of each month. After having conversations with the landlord, Matt , she is told that she'd be eligible for...