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. R

    Building contract deposit refund

    -I signed the building contract on 08/22. The price on the contract for a double story house was $620K and the site cost was told to be fixed before signing the contract. I paid 5% deposit to the builder (I HAVEN'T ASKED ABOUT BUILDING INSURANCE) which was $31k even before signing the contract...
  2. A

    VIC Understand if mutual agreement in email are legal

    Dear All, I have been pursuing my neighbor to replace the dividing fence between our properties and after many email exchanges, they have agreed to replace the fence. As they have financial problems, and are unable to pay their share, I have agreed to bear the cost of the fence replacement in...
  3. cakeforbreakfast

    QLD Is this agreement legally binding ?

    (Context) So I recently made a purchase on eBay and i the item I received was not the same as it was advertised. So I contacted the seller and arranged a return to be approved. Soon after the return was approved I received email from eBay that said the seller could not provide the return...
  4. kim8hughes

    NSW Employee or independent contract and deducting income tax

    What weight does the court place on the fact that income tax is NOT deducted when assessing whether a person is an employee or independent contractor? Is not deducting income tax a decisive factor? Please provide some case law authority
  5. X

    QLD Fraud, regarding an employment contract, salary increase by the bookkeeper for herself and use of signature without notice, where to report it?

    When an employee commits fraud, by using the sign of MD and his email address, and also increasing her salary without a contract signed or viewed, who do we report this to?
  6. 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?
  7. 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...
  8. 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...
  9. 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...
  10. 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...