Explain the circumstances in which an equitable pledge may arise in a contractual relationship.
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Q: and
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A: ANSWER IS AS BELOW:
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Q: b) Write two elements of a contract of indemnity.
A: An indemnity agreement is an agreement between two parties in which one party (the indemnifier)…
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- Explain the process and legal requirements involved in drafting and enforcing contracts in business transactions.A pizza parlor owner uses a vending machine company to service his soft drinks.The owner of the company sells his route to Mr X and delegates all of his contractsincluding the one with the pizza parlor. This enrages the pizza parlor owner, because Mr. X was engaged to the pizza parlor owner's sister and left her standing at the altar. He claims that the obligation is non-delegable because it's "personal". Do you agreeDifferentiate obligations arising from delict from obligations arising from quasi – delict.
- Evaluate when a promise is enforceable, the elements of a contract, performance, and the remedies available in the event of breach.Can the certainty of the object of the contract be negated by the failure of the parties to state the exact location of the property in the contract?State the effect of illegality on a contract.
- Identify and describe and explain the elements of an enforceable, valid legal contractSamantha signs a contract to buy a brand-new unit in Kogarah. The contract is subject to an extended settlement period of 120 days. Samantha, through her solicitor, transfers the 10% deposit to the vendor’s solicitor and then speaks with her mortgage broker about obtaining a loan. While all this is going on, Samantha sells her own unit in Oatley. She intends to use the money realised from the sale of the Oatley unit to pay the balance of the purchase price of the Kogarah unit. A problem arises when Samantha’s unit does not sell by the expected date. Samantha needed to secure short-term finance at an almost exorbitant interest rate just so she can buy the Kogarah unit. Samantha consults her solicitor, who advises her that she can sue the buyer of her Oatley unit for breach of contract and ask for damages including the additional interest charges she incurred. Is Samantha’s solicitor correct? Explain plsGianna contracts with Boris for Boris to bring a llama to her daughter Vivian's birthday party in exchange for $125. Gianna later learns her daughter is frightened of llamas. She contacts Boris and Boris agrees to bring a pony to the party for $75 instead. Which of the following is true of the original agreement involving the llama and the $125? It was discharged by mutual rescission It was discharged by accord and satisfaction It was discharged by substituted contract It was breached
- What is the test for whether a term is a condition? pick one answer from the following: The parties have described the term as a 'condition' or 'essential'. The promisee would not have entered the contract unless assured of strict or substantial performance of the relevant promise. Whether the term provides that performance of the contract is conditional on a contingency being fulfilled, such as finance being obtained, or development consent being granted. It was apparent to the promisor that the promisee would not have entered the contract unless assured of strict or substantial performance of the relevant promise.$900.00 Smalltown, IllinoisMaker, November 15, 2014The undersigned promises to pay to the order of John Doe Nine Hundred Dollars with interest from date of note. Payment to be made in five monthly installments of One Hundred Eighty Dollars, plus accrued interest beginning on December 1, 2014. In the event of default in the payment of any installment or interest on installment date, the holder of this instrument may declare the entire obligation due and owing and proceed forthwith to collect the balance due on this instrument.(Signed) Acton, agentOn December 18, 2014, no payment having been made on the note, Doe indorsed and delivered the instrument to Todd to secure a preexisting debt in the amount of $800.On January 18, 2015, Todd brought an action against Acton and Phi Corporation, Acton’s principal, to collect the full amount of the instrument with interest. Acton defended on the basis that he signed the instrument in a representative capacity and that Doe had failed to deliver the…A party contracts to guaranty the collection of the debts of another. As a result of the guaranty, the creditor, upon debtor's default, can immediately proceed against the guarantor without further notice. T/F?