Acca F4 Mind Maps Notes

Kitto J. verified that whether or not an existing contract is considered to have been rescinded, depends on the intention of the parties involved. When examining the two critical correspondences of 21st March 1952/ June 4th 1952, it was held that no intention by the defendant to discharge the previous 1951 contracts was found; the letters of offer and acceptance did not constitute a new and substituted contract, and hence all conditions of the earlier contracts were to be binding. Assuming that the contracts is of variation, the final substantial issue to be anlaysed was whether the Plaintiff's acceptance of the original contracts was effective for the Defendant to be in breach of its terms.

Prepare an (approximately) 200 word summary of the textbook material you have read this week on Chapter 6. This summary should be entered in your learning journal this week.

A mind map is an outline used to visually sort out data. A mind map is mostly made around a single theory, drawn as a picture in the focal point of a clear scene page, to which related representations of plans.

The book is composed of twenty chapters each with a separate contributing author(s). Each chapter has the same format as an essay with a brief overview of the section

Kellerher Funeral Home, Inc. is claiming that a breach of contract has occurred in as much as the work completed by Gonzaga Construction was of sufficiently poor quality as to require rework that cost $4,700. Further, though Kellerher controlled the delays in construction due to his need to continue business operations, he is charging that the lost profit is due to construction delays brought about by Gonazaga's work on the site. The contract language did not stipulate how the interests of the going concern would be balanced against construction project schedule. Indeed, no date of completion was specified in the contract, and a two-week interim between the filing and the commencement of construction is a reasonable period of time for material procurement and arranging for labor. Moreover, the poor workmanship allegation was not communicated during the construction project, leaving Gonzaga with no opportunity to correct any problems with workmanship. For both parties to the contract, it is generally understood that a business contract agreement for services includes some intangibles, such as cooperation, quality of work, reliable communication, experience, and so forth. An essential element in a contract is consideration, which refers to a benefit to the promisor or a detriment to the promise. In other words, consideration is an exchange that is bargained for in the present in return for

content and you must not be unjustly enriched by such a contract or it could be deemed unenforceable

This case illustrates the presence of conditions precedent, implied conditions, substantial performance, and breach of contract (material).

There are many ideas about the correct basis for contractual obligation. They include promise, consideration, and cause. All jurisdictions follow at least one. In Thomas E. Davitt’s The Elements of Law, the author articulates a very credible argument for the basis for contractual obligation being one of those named above. Davitt simplifies the arguments for all of these and names one correct basis: the promise itself. Generally Thomas E. Davitt, S.J., The Elements of Law, 272 (1959). This paper will argue in favor of Davitt’s writings. The basis for contractual obligation is the promise itself. In order to effectively argue in favor of one basis over the possible others, it is necessary to discuss and rule out the others.

There were a total of two agreements between the plaintiffs and defendants. The first one was a ‘Memorandum Of Understanding’ (MOU). This was between the plaintiff company

In consideration of the covenants and agreements contained in this Agreement, the Parties agree to the following:

Overall, this book has astounded me even though it was too short. I rate That Place of Knowledge 4 out of 4 stars as it subsume more useful ideas, and I recommend to everyone who ought to be

At the start I thought that using mind map is a waste of time. So I used the normal way of taking notes however when the teacher told me the uses of mind map I actually changed my strategy of taking notes.

Compared with Oskar’s chapter, this chapter is more organized and easier to understand; however, for some reason, it doesn’t provide much information like Oskar’s chapter.

THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows:

Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.