Contract law Flashcards
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