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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  1. A

    VIC contract law - can I sue the directors directly

    I provided design and drawings to a Pty Ltd company for a planning permit. They didn't pay my invoices and I am going to court now. But one friend told me, they would blame me for not following instructions and than liquidate the company, so I won't get any money. Is it possible to sue the...
  2. M

    Invitation to treat and postal law

    can we apply the postal law for invitation to treat? Ex: if someone saw an advertisement like this "rx8 for sale for 10000$. Will be sold to the first person who sends a notice in writing that he wish to buy it for 10000$ To this address.14 park road fox hill." What will happen if the seller...
  3. M

    Invitation to treat and postal law

    can we apply the postal law for invitation to treat? Ex: if someone saw an advertisement like this "rx8 for sale for 10000$. Will be sold to the first person who sends a notice in writing that he wish to buy it for 10000$ To this address.14 park road fox hill." What will happen if the seller...
  4. M

    Contract Law: am I contractually bounded?

    I posted a ad like this "For sale Honda hybrid 18000$.will be sold to the first person who sends notice in writing that they wish to buy it for 18000$.for my address. What happen if an old friend of mine send a email to me. But my mail is not in use now. What will happen am I contractually bound?
  5. J

    VIC Investment Contract(Individual & Private Company)

    Hi All, I need some advice on how to go on about recovering my investment from private company. I have been approached by common friend to invest in an Entertainment event in Australia managed/run under company structure. Verbally i have been promised that my money will be break even if any...
  6. MrsC

    QLD Refund refused and I was misled

    I was phoned regarding a competition I had entered on FB, and though I didn’t win, I was offered a discounted place at a coaching event in May. I said that I wasn’t sure if I would be able to attend and would need to check with my husband, and that I would need to make sure I didn’t have any...
  7. S

    WA Hypothetical Question Regarding Contract Law?

    I am not sure where to start. I have a hypothetical question about contract law. Situation is like this. Johnson instructs Kepler Wessels to purchase a brand-new Maîtres du Temps Chapter One from Thomas Muller for no more than $400k and because he wishes to remain anonymous, Johnson asks Kepler...
  8. J

    VIC Property Law - Property Sale Commission Structure Legal?

    I’m considering the following arrangement with a real estate agent under a General Authority contract to sell our property: If the agent is successful at selling our property, they will get a 2% commission. A bonus 3% commission is available on settlement of the property (for a total 5%...
  9. R

    ACT Need more understanding of AUS laws re: partnership agreements

    Hi there, I need more information with regards to a partnership agreement that I signed with an Australian last year. As I am an US citizen, I am not familiar with the AUS law. The summary version is this: we signed a written agreement stating that we would both have 40% equity in a company...
  10. L

    VIC Retirement village contract

    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?