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. M

    VIC Can I pull out of contract of sale?

    I recently purchased a commercial property and signed the contract of sale. The commercial property was tenanted and I found out today after its all been signed that the tenant is in administration. Can I pull out of the sale? If so, how?
  2. H

    QLD Contract changed without consent?

    Good morning, I have just come across this forum and wanted to see if anyone might have any knowledge on what my situation would fall under in legal terms? I accepted a position of permanent part time, still have my letter of offer in my emails reflecting this and showing I was to be rostered...
  3. Michael1983

    NSW Employment Contract Mobile Phone

    I have an existing contract (10 years ago) which included a car and mobile phone as part of the package. 99.9% of my mobile usage is work related. Particularly given the current work from home covid situation, plus I am usually on site or on the road. My employer has recently said he doe not...
  4. N

    QLD i want to sue golden casket for breach of contract anyone out there that can help or advise me on this

    i want to sue golden casket for a clear breach of contract which probably cost me proving a major lotto win/is there any advise or anyone that can help me out there my statute ended end jan this year but they golden casket unfairly treated me really only a few months ago and i did file in court...
  5. D

    VIC Contract Law between Individual & Government

    Would anyone know which legislation covers Contract law between an individual and the Government Service? Is it just case law I would refer to here? I thought of Australia Consumer Law but I believe it doesn't apply here. Only between an individual and a business.
  6. jwelchnz

    VIC Breach of consumer contract and email agreement

    Good Evening, I need assistance with an issue I have regarding my loan contract with a finance company. I currently have a secured car loan and I have breached the contract. Due to Covid-19 I moved back to NZ and the vehicle I also exported home with me while continuing to make car...
  7. W

    NSW Resignation Payout/ Individual Contract

    I am employed in an executive position under an individual contract. I decided to retire at the age of 63 and provided formal notice to my employer as required by my employment agreement (EA). One week before I finished, my employer advised me that they had cashflow problems and could not pay me...
  8. B

    WA Who is responsible for the financial loss incurred where a sold item is lost/stolen and the buyer never receives the good/s purchased?

    ⁠Here is the problem: Person A , the seller, offers for sale on social media a luxury item (eg, watch or jewellery) for sale and Person B, the buyer, agrees to the price which includes shipping to his/her place of residence. Money is transferred to the seller and the item is then shipped by the...
  9. N

    NSW Gym Contract Enforcement

    Hi all, I signed a gym contract that states I get a special 20% ongoing discount through a third member organization as well as further 10% gym discount for the first 16 weeks. They have only given me the 10% gym discount for the first 16 weeks with the third member organisation saying they are...
  10. C

    WA HIA fixed price building contract - builder increasing price after construction starts ?

    Hi building a first residential house in WA standard HIA fixed price building contract thru large project builder. Slab is laid construction underway. We have a 5% price rise which is being charged due to clause 3a (attached) as there was a delay to start construction beyond 45 days. The delay...