留学生合同法案例论文contract law [4]
论文作者:英语论文论文属性:作业 Assignment登出时间:2014-09-25编辑:zcm84984点击率:19380
论文字数:6327论文编号:org201409241312315397语种:英语 English地区:马来西亚价格:免费论文
关键词:留学生合同法案例论文Contract Law Cases法律强制执行
摘要:本文是一篇合同法案例的留学生作业,这篇文章将会向你提供合同法、合同法案例及今天如何使用合同法的概述。也有合同违法案件的案例和一些免费的法律文章的案例。
all evolved from the basic principles of contract law and the principle of putting the parties on as equal a playing field as possible.
Where is Contract Law used today?
As was mentioned above on several occasions, contract law permeates our day-to-day lives, and often we are not aware of its presence. While legally qualified individuals may be aware every time a contract comes into existence and note phrases such as ※the customer uses this at their own risk§ with a wry smile, the majority of society lives in blissful ignorance of how deeply indebted to contract law they are.
In the first instance it would be a useful exercise to list a few of the various instances of contract law coming into play when we may not expect it.
Public Transport 每 every ticket bought on a bus train or on the underground forms a contract. This is a contract of services and the majority of terms will be implied rather than express. If one was to state the whole list of terms on the back of a ticket as to the obligations of the provider of the transport to the customer, it would result in a piece of paper resembling an instruction sheet from Ikea rather than a ticket.
It should be mentioned here that such express terms that form part of the contract must be present at the moment it was entered into. The terms of importance will usually be on display either around the point where a ticket is bought, or it will direct the customer to a full list of the conditions elsewhere.
Employment 每 every employee must have a contract of employment with their employer. While it is a fact that some employers have not bothered with the formality of drafting a document setting out the rights and expectations of both parties, the Employment Rights Act 1996 will infer a number of basic rights for the employee in any event. The offer and acceptance of taking a new job is a given, as is the consideration (days work for a days pay). The intention is not necessarily so obvious but the relationship the contract creates leaves no room for discussion as to its formality in a legal sense.
Any purchase of goods or services 每 while this is dealt with in more detail below, the sale of goods or services is the most basic form of contract. While we may not appreciate the scope of the law and its impact upon a basic purchase of e.g. a new car, the terms and conditions of sale, the various pieces of legislation importing terms and the case law stretching back more than 100 years on similar issues all have a bearing upon a customers (and suppliers) rights and obligations. It is of course rare for anyone to be made aware of all the terms in existence and the ※small print§ usually covers most things of relevance.
Buying a house 每 most people who have become involved in the conveyancing process will recall the stress of waiting for the solicitor to confirm that they have ※exchanged contracts§. While the ownership of a property in England & Wales can only pass by way of deed, the contract is pivotal. The contract will set out the terms of sale, including the price, items of furniture and fixtures that are being left behind and the date of completion. Once the purchase is completed and the monies paid, any issue that may be taken between the parties will have to be raised as a breach of contract. While in the majority of cases the axiom ※Caveat Emptor§ (buyer beware) will apply,
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