contract

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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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  1. W

    WA Health Insurance Fund breach of contract

    Are private health funds allowed to change it's policy suspension rule and enforce it retroactively despite having previously signed written contract stating terms and conditions? Is this not considered breach of contract?
  2. F

    VIC Domestic Building Contract

    We verbally changes the contract amount. Builder did not take last 2 progress payment stages, the second last invoice was not even sent during the construction, only after I raised defect issues did the builder start sending me the last two invoices after completion of house. (using this as a...
  3. C

    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. pino.defazio99

    VIC Employer Making Employee Pay Excess

    Hi All, I work at a mid-size IT company of about 200 employees. I've been given a company car as part & had 2 accidents in it, one a months or so ago & the other happened less than 24 hours ago. The company now suddenly wants $1,250 for each of these two incidents totaling $2,500. I was...
  5. M

    VIC Trucking industry Giving shorter Notice period than contract.

    My husband is an owner driver in trucking industry. He has given 2 weeks notice to end the contract but the employer asks for 30 working days notice. He has sold the already and cannot work more to satisfy their notice terms. My husband doesn’t has the contract papers as the employers have taken...
  6. Dfc007

    NSW Unsigned contract

    Hello, my question is what legal process do I need to start after my landlord gave me two weeks notice to leave without any warning. I’m a farmer, who is leasing 1ha certified organic land in NSW for the past 13 months. I drafted a leasing contract and met with the landlord on 3 occasions to...
  7. Student911

    NSW Debt without contract or paperwork!

    I am an international student who got a loan from my ex girlfriend when we were in a relationship without any contract or paperwork! I have been trying to pay back little by little through instalments but it has slowed down recently due to covid and all! Now she is threatening me with getting...
  8. N

    Inclusions in Contract of Sale

    Hi, Has anyone come across a clause in the contract of sale that refers to a split of commission between two agents?? I thought this was sorted out by the primary agent after the sale. I don’t think it should have been included in the contract of sale… am I right?
  9. P

    WA Termination clause of contract - Do "Group members" include sole trader/company?

    In a supply/distributor agreement with a manufacturer the following termination clause is included - The distributor represents and warrants that neither it not any of its group members (if any) is insolvent or is deemed or presumed insolvent under any applicable law.... The agreement is...
  10. Q

    VIC Signed Employment Contract - No longer want job.

    Hi, hoping someone might be able to help. I was offered a new ongoing position which I accepted and signed an employment contract. However I no longer want the job due to a change in my circumstances. Am I obligated to start the new position? Are there any potential legal implications or...