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Contract
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Contract
Definition
- A contract is a set of promises in the form of an agreement between two parties who agree to give or do something in return for the promise.
- An agreement on specific terms between two parties in exchange for a valuable benefit know as consideration. Such an agreement is legally binding and enforceable by law.
- An agreement between two or more parties that is legally binding.
Elements of contract
Discharging of contract
- Performance
- Agreement
- Breach
- Fustration
Purpose of a contract
- To facilitate planning of projects
- To establish commercial responsibilities and obligations
- To allocate business risks in advance
- To provide remedies if things go wrong (e.g. in the case of building defects)
Vitiating factor
- Incapacity
- Minors
- Mentally unsound
- Intoxicated person
- Illegality
- Duress or Undue Influence
- Misrepresentation
- Fraudulent
- A false representation that is made knowingly, without belief in its truth and recklessly
- Negligent
- Negligent misrepresentation is carelessly made while having no reasonable basis to believe it is true or false
- Innocent
- Innocent misrepresentation is made when the representor has reasonable grounds to believe it is ture
- Remedy
- Recission is a remedy that puts the parties back into a position as if the contract had never taken place
- Damages are claims for losses suffered by the claimant; in some cases loss of profit and opportunity
- Fraudulent
- Mistake
- Common Mistake
- Occurs when both parties make the same fundamental mistake of fact
- Mutual Mistake
- Occurs when the parties misunderstand each other and are at cross-purposes, and are not aware of each other's mistake
- Unilateral Mistake
- Occurs when only one party is mistake. The other party knows or ought to have known the first party's mistake
- Non Est Factum
- Non est factum arises when a party signs a document that is fundamentally different in character from that which she contemplated
- Common Mistake
- Incapacity
Information
- Description
- Engineering Mind Map on Contract, created by Chi Siong Woon on 11/21/2017.
- Created by
- Chi Siong Woon
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- History
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- Created by Chi Siong Woon · Nov 21, 2017
- Copied by Chi Siong Woon · Nov 21, 2017
- Copied by Chi Siong Woon · Nov 21, 2017
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