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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.
Should clauses in a contract reflect the law? For example, the law states that an operator of a retirement village is allowed to increase the monthly charges above the CPI if agreed to by a majority of a residents' committee. Should this also be clearly stated in a contract?
Hey guys - I have been sent a contract to sign for some contract work I will be doing for a company (web development) and whilst for the most part I understand it all, though I am unsure about a few of the clauses in it and was hoping I could get some help.
This bit:
As I understand it this...
Hi all,
I had been working at a company in Adelaide, SA for under a year in 2015. It was small "company" that only had the employer, myself, and a few helping hand. I was originally working there as part of my visa scheme as well, as they said they would sponsor me for a work visa (I was on a...
Hi
From 2013 until 2015, I lent money to an ex boyfriend to pay for vehicle parts and paid for a trip to Europe. Before I lent him the money for the vehicle parts, we made an agreement he would pay me back. He never did.
The European holiday we agreed to pay half and I ended up paying for...
Hi everybody, I hope you're doing well!
I have a question that I am stuck on currently the question is;
What is the purpose of the Sale of Land Act 1962 as it applies to contracts for land?
I have browsed through this legislation on austlii but I have not found anything that gives me a...
Hello all
Need a bit of help with a homework question!
So, Jill called a carpet laying company and stated to the carpet lady, Sally, on the phone, "
“Our plan is to remove the old carpet and install new floorboard instead"
and the carpet lady, Sally, stated: "We can do this for you at a great...
Hi everyone,
My wife has found herself in a very stressful situation and we are seeking some help.
She is a nurse and a new mum. We have a 5-month-old daughter. While she was in maternity leave, she decided to apply for a job in a clinic in a shopping centre where they do botox and other...
Good evening all...
I would be grateful for a little guidance ahead of another call with my lawyer on Monday on an issue I have with a property in the UK. The property is in joint names with my wife and I, and it has been let to the same tenants since 2011 with me noted as the landlord and...
I have equipment that is on a 5-year agreement (against my knowledge). The paperwork has been signed by an employee without my authority. Do I have to stand by that under Contract Law?
Hello
I am seeking assistance in locating case law or statutes relating to the following issues:
The organisation receives funding from the State government in an individuals with a disabilities name (the organisation having already entered a service agreement with the individuals). The...