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It has been regularly stated that the courts in Australia are generally reluctant to ignore the principle of separating the identity of the corporations. This doctrine is considered as one of the basic principles of corporations law. The doctrine of separate identity and also the notion of limited liability of a corporation can be described as the reasons which have immensely helped in increasing the popularity of corporate form in Aus...
Companies are legal entities which have a separate legal personality from its owners, and this personality provides them various rights such as the ability to form contractual relationship, purchase, sell or hold assets, sign legal contract, and others. The element of separate personality is referred as a corporate veil which separates the shareholders, directors, and members of the company from its legal existence. ...
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It is a well settled principle in law that when a contract has been breached a party’s failure to perform primary obligations in the contract, it becomes voidable. This implies that the innocent party can terminate the contract at his at his own volition. According to the court in L'Estrange v E. Graucob Ltd that once a contract has been signed the parties’ bears a moral and legal imperativ...
A contract is referred to a legally binding relationship which is constructed between two or more parties who agree to its terms which are enforceable on them. The terms of a valid contract are enforced on each contracting party and they have to comply with them. Certain elements are necessary to be fulfilled by the parties in order to form a valid contract. These elements include offer, acceptance, intention, consid...
The contract is like promise between individuals. A contract refers to the promise or set of promise, which are lawfully enforceable and in case of violation, allow injured person entry to permissible approaches. The contract law identifies and regulates powers and obligations rising from agreement. The contract formation normally need the offer, acceptance, deliberation, and the common intent to be assured. It is required that every p...
Whether there is any obligation on Hyacinth to make payment of £175 to Lenny in context of carpeting job and extra £30 in context of painting the front door of the house?
Whether Lenny can rely on the limitation clause stated in the contract?
Contract is consider as valid contract if all the essential elements of the contract are present in it, and these essential elements are state below:
Offer- offer is d...
a. To create a contract between Shona and Raymond, some elements must have been there such as:-
- There must be an offer whether in writing or in verbal mode (jifkins, 2017).
- Offeree must accept the offer before it is revocation by the offeror (Tepper, 2014).
- Such acceptance need be free from fraud or misrepresentation or any kind of undue influence of a ...
“Frequently the courts have been requested to look behind the corporate veil [of companies] …where to all outward appearances they seem to operate as a single entity. The Australian courts…have been reluctant to depart from the separate entity where there is no legislation requiring them to do so.” [Lipton & Herzberg, Understanding Company Law, 12th Ed, 2004, Thomson]
The Concept of S...
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