Contract law Flashcards
(13 cards)
Definition of contract?
is an agreement giving to rise to obligation which are enforced or recognised by law.
types of contracts
simple contract or agreement
offer+ Acceptance= agreement
doesn’t have to be written
Contract of record
imposed by court e.g court fine
Contract by deed
conveyance of land, partnership contract
must be drafted by a solicitor
essential of simple contract
intention to create legal relations
Agreement
capacity- both partied must have an capacity to agree
consideration- anything that is given in exchange
certainty
legality
unilateral offer/bilateral offer
unilateral is a one sided offer by which that side have to fulfil the offer
unilateral- both side are obligated to do the same
Invitation to treat
not an offer but a declaration to sell.
a a frame on display isn’t an offer until the patient approaches the till
Contract of employment- when does the this exists?
when an unconditional offer has been accepted
Employment right Act 1996 requirement
Must be given a contract
need to only be main terms and conditions
don’t sign unless agree with all the terms
Sole Employment - what does it mean?
implies the Duty of fidelity
what does the duty of fidelity contains?
One must not: compete prepare to compete during working hours make secrete profits disclose trade secrets or anything else confidential
what does moonsighting means?
to have a second job secretly and at night on top of regular job
Working time directive- reg 1998
what are the maximum working per week
48