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Taking the responsibilities of a legal executive of a solicitor firm, I made this report recording claims accomplished with my recommendations to my client (Mr. Winslow) as well as my interpreting in the related problems. During the process of analyzing details in the claims, I applied all my knowledge and the theory about these terms to make the best suggestions for my client. Furthermore, I would like my client to have understanding about their situation to make a right decision and to know more about contract law and its importance in society. Besides, this report is to provide an introduction to the law of contract with a particular focus on the formation and operation of a business contract. In addition, the current report also contains the practical application of standard form contract.
A REPORT OF COMMON LAW IN LAW OF CONTRACT BANKING ACADEMY OF VIETNAM Transmitted to: Mr Winslow Prepared for Lecturer: Unit 5: Common law Banking Academy, Hanoi BTEC HND in Business (Finance) Prepared by Student ID: Class: No of words: 4488 (Excluding executive summary, introduction, conclusion, table of contents, appendix and references) Page | EXECUTIVE SUMMARY Law provides rules which can or cannot be done in personal lives and in business lives Contracts can appear in simple situations in daily life, but modern society operates by people and companies exchanging goods and services and contracts are evidence for the human civilization in their activities The law of contract helps to give a structure to measure and evaluate them in particular situations The law of contract is part of Private Law, so it is concerned with relationships between parties It helps us to decide what a valid contract is In addition, the Law of Contract is also part of Civil Law, so it is concerned with remedies It helps us if the other party in a contract does not keep to the agreement The presence of contract law is a good tool for business activities in aiming clarity and fairness and contributes to economic growth of each country as well Therefore, contract law increasingly plays a more and more important role in common law system from which it can originally be traced Moreover, most of transactions in society, no matter for business purposes or common needs, relate to contract law Based on equal, voluntary, agreeable and responsible rules between two or more parties, contract law is identified to ensure the freedom for participants and this is only limited by some exceptions to ensure public order or the rights for the third party Taking the responsibilities of a legal executive of a solicitor firm, I made this report recording claims accomplished with my recommendations to my client (Mr Winslow) as well as my interpreting in the related problems During the process of analyzing details in the claims, I applied all my knowledge and the theory about these terms to make the best suggestions for my client Furthermore, I would like my client to have understanding about their situation to make a right decision and to know more about contract law and its importance in society Besides, this report is to provide an introduction to the law of contract with a particular focus on the formation and operation of a business contract In addition, the current report also contains the practical application of standard form contract Based on the claims and legal issues relating to problems surrounding Mr Winslow, I play a role as a consultant about law especially contract law for him to deal with those problems and give him useful recommendations By all of my effort for investing time to study principles of contract law and legal legislations to analyze these problems, I asserted the rights that my client is worth getting and the strengths he was holding In other words, I tried to find all means to show evidence contradicting the claims Mr Winslow require me to justify By making a detail about the problems and what I have done, this report could become a good reference for me in the future Moreover, it is also a proof which determines my level in this field to be better and more confident to deal with similar problems This is also a good experience for me to improve my knowledge about the essential elements of a valid and legally binding contract and its role in business context as well as the significance of specific terms in a business contract After dealing with these problems, I believe that I could be more flexible in considering claims and applying contract law on my future work in term of economic field Page | TABLE OF CONTENTS Cover sheet Title page Executive summary Table of contents Introduction 1.1 Basic concept of Contract Law 1.2 The aims, purposes, scopes 1.3 Sources of information 10 1.4 Limitation of weakness 10 1a TYPES OF BUSINESS AGREEMENT AND THE IMPORTANCE OF THE KEY ELEMENTS IN A VALID CONTRACT 1a.1 EXPLANATION OF CONTRACT 11 1a.1.1 DEFINITION OF CONTRACT 11 1a.1.2 EXAMPLES FOR DIFFERENT TYPES OF CONTRACTS 11 1a.1.3 SITUATIONS TO ENTER INTO A CONTRACT 12 1a.2 TYPES OF BUSINESS AGREEMENT 13 1a.2.1 AGREEMENT … 13 1a.2.2 EXAMPLES OF TYPES OF BUSINESS AGREEMENT 13 1a.3 THE IMPORTANCE OF KEY ELEMENTS IN A CONTRACT 14 1a.3.1 THE ESSENTIAL ELEMENTS TO FORM A CONTRACT 14 1a.3.2 EFFECT OF CONTRACT WHEN KEY ELEMENTS ARE ABSENT 14 1a.3.3 EFFECT ON AFFECTED PARTIES 15 1b ANALYSIS OF THE SCENARIO FROM THE PERSPECTIVE OF THE LAW OF CONTRACT AND APPLICATION OF OFFER AND ACCEPTANCE’S RULES IN A GIVEN SCENARIO AND THE IMPACT OF NEW TECHNOLOGY 1b.1 ONLINE TRANSACTION 16 1b.2 DEFENCE AGAINST WINSLOW 16 1b.3 DEFENCE AGAINST CHARLENE 17 Page | 1b.4 HOW TO PREVENT A SIMILAR INCIDENT FROM HAPPENING AGAIN IN THE FUTURE 17 1c ASSESSION FOR THE IMPORTANCE OF THE RULES OF INTENTION AND CONSIDERATION OF THE PARTIES TO THE AGREEMENT 1c.1 The importance of intention 1c.2 The importance of consideration 1c.3 Mr Winslow V Mrs Winslow 1c.4 Legal intention for a room rental contract 1c.5 Seeking to increase rent 18 18 19 19 20 1d THE IMPORTANCE OF THE CONTRACTING PARTIES HAVING THE APPROPRIATE LEGAL CAPACITY TO ENTER A MINOR AND ANOTHER PARTY 1d.1 Different groups of contracts between a minor and another party 20 1d.2 betting contract 21 1d.3 Share contract 22 1d.4 Fake gold chain contract 23 2a SPECIFIC CONTRACT TERMS WITH REFERENCE TO THEIR IMPORTANCE AND IMPACT IF THESE TERMS ARE BOKEN 2a.1 Terms of existing contract 23 2a.2 Restraint of trade and remedies 24 2a.3 Exemption clause 25 2b STANDARD FORM CONTRACT 2b.1 Definition of standard form contract 25 2b.2 Validity of the contract 25 2b.3 Express terms Page | 2b.3.1 Conditions 26 2b.3.2 Warranty 26 2b.4 Implied terms 27 2b.5 Exemption clause 27 2b.6 Main purpose rule 28 2b.7 Fundamental breach 28 2b.8 Unfair Contract Terms Act 1977 28 2c EFFECT OF EXEMPTION CLAUSES IN ATTEMPTING TO EXCLUDE CONTRACTUAL LIABILITY 2c.1 Exclusion clause 29 2c.2 Exclusion clause 1: Newport Service can accept no responsibility for any damage caused as a consequence of repairs carried out on these premises 29 2c.3 Exclusion clause 2: The exclusion clause of the Newport which claims ‘these premises are dangerous Clients enter these premises at their own risk and Newport Service accepts no responsibility for any damage or injury sustain CONCLUSION REFERENCE APPENDICES 31 33 34 37 INTRODUCTION 1.1 Basic concept of Contract Law By the different overview from different aspects, the basic concepts of contract law are known variously As far as the basic requirements to make a contract are concerned, the Page | basic concepts include an agreement, consideration, intention to create legal relation, certainty as the terms of the agreement and capacity to contract However, they are also classified into five popular areas involved in formal contracts, simple contracts, apparent simple contracts (intention, agreement and consideration), elements of simple contracts which may affect validity (capacity, certainty and legality) and simple contracts-forms No matter how contract law is interpreted into the basic concepts, it is thoroughly examined with the aid of real life cases, the rights and obligations that contracts create and which the law will enforce 1.2 The aims, purposes, scopes This report mentions to the principles that makes a valid contract through providing an introduction to the fundamental facts that anyone should know about the Law of Contract My purpose in the process of writing the current report are to record my knowledge and understanding of the main principles of the law of contract Besides, it also supports me with a sound foundation for the study of other subjects based upon or involving the law of contract Based on my experience in recommending my client, I could develop skills of legal analysis and problem solving Therefore, this is a good start for my effort for my further future 1.3 Sources of information To support my analysis and evaluations for particular situations, I collected information from the Internet which contains various sources of information from different Page | viewpoints Moreover, I found data from the course book Common Law I (Mandatory Unit 5) to support my explanations Furthermore, in order to make my arguments more persuadable, I made use of books from the library of Banking Academy Above all, I used all of my experience and understanding about this field to solve problems and record them into this report 1.4 Limitation of weakness The current report is a result of my careful and hard effort but it cannot avoid limitations during the process making this report Because of word account that only allows no more than 3000 words, I have trouble in going in details with my explanations and analysis The other difficulty that I had to deal with is my weakness in solving the claims to give the best advice for the client I think that in the next time I will be more confident and cleverer to make a good impression on the clients and hopefully I could get useful suggestions from you for my greater improvement 1a TYPES OF BUSINESS AGREEMENT AND THE IMPORTANCE OF THE KEY ELEMENTS IN A VALID CONTRACT Page | 10 1a.1 EXPLANATION OF CONTRACT 1a.1.1 DEFINITION OF CONTRACT According to the American Law Institute "a contract is a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes as a duty” 1a.1.2 EXAMPLES FOR DIFFERENT TYPES OF CONTRACTS TYPES OF CONTRACTS Bilateral contract involves an exchange of CASE EXAMPLES Thornton v Shoe Lane Parking Ltd promises- a promise for a promise (1971) (Appendix 1a.1.1a, p37) Unilateral contract involves an Lefkowitz v Great Minneapolis Surplus exchange of an act for a promise Store (1957) (Appendix 1a.1.1b, p37) Express contract is one in which the terms are expressed verbally, either orally or in Bovell Vs Voorheis (1879) (Appendix 1a.1.1c, p38) writing Implied contracts is one in which the Clarke v Dunraven (1897) (Appendix circumstances imply that parties have 1a.1.1d, p39) reached an agreement Promissory estoppel : a party can rely on Central London Property Trust Ltd V a promise made by another party despite High Trees House Ltd [1947] the nonexistence of a formal , or even (appendix 1a.1.1e, p40) Page | 11 implied contract Quasi contracts are obligations imposed by law to avoid injustice Simple contract is any contract other than a formal contract Specialty contract is under seal contract Standard form the standard document Callano v Oakwood Park Homes Corp (1966) (appendix 1a.1.1f, p41) Labor contract ( appendix 1a.1.1i, p41) prepared by many large organizations and setting out the terms on which they contract with their customers 1a.1.3 SITUATIONS TO ENTER INTO A CONTRACT WITH SOMEONE You enter into a contract with someone when you open an account in a bank, when you hire a flat and when you borrow money from someone 1a.2 TYPES OF BUSINESS AGREEMENT 1a.2.1 AGREEMENT Page | 12 Agreement exists when an offeror makes an offer to an offeree that is accepted by the offeree Agreement which is the first requirement for a valid contract contains an ‘offer’ and an ‘acceptance’ Offer is a definite promise to be bound on specific terms and acceptance is the unqualified agreement to the terms of the offeror Both offer and acceptance are important because they are a useful technique for the courts in assessing at what point an agreement should be binding If there is missing one of them, the agreement does not exist and then the contract is invalid Applying to the case to open an account in a bank, you make an agreement with the bank about amount of the loan, repayment terms, and insurance against nonpayment and so on 1a.2.2 EXAMPLES OF TYPES OF BUSINESS AGREEMENT There are many kinds of business agreement like employment contract, franchising contract or renting a property Taking a case example for renting a property contract (appendix 1a.2.2, p… ), the offeror is San Miguel House and renter is the offeree for the terms of security deposit, general policies, care and maintenance and so on 1a.3 THE IMPORTANCE OF KEY ELEMENTS IN A CONTRACT 1a.3.1 THE ESSENTIAL ELEMENTS TO FORM A CONTRACT Page | 13 on the last day of the contract Check-ins and check-outs before or after these times can be negotiated for an additional fee, pending availability of the house There is a fee of $50.00 United States Dollars for late night arrivals Stocking the house with food, beverages, fruits, vegetables etc is also available at an additional cost Payments for this lease can be in United States Dollars or the Mexican Peso equivalent Please contact the Agentfor specific payment options Reservations are confirmed upon receipt of this electronic contract as well as the first 50% payment of the rental rate and taxes by the Agent You can make payment by credit card online through PayPal, by wire transfer to our Mexican bank, or by mailing us a U.S bank check in U.S dollars IMPORTANT: The check needs to be made payable exactly like this: CARE AND MAINTENANCE Renter accepts the premises in their present condition and agrees to take good care of said premises This care includes not making any alterations, additions, repairs or improvements and/or any removal of the Owner'spersonal property from the premises without the approval of the Agent The Renter also agrees to accept the liability of any negligence caused by a family Page | 50 member or guest of the Renter who would not live up to the above conditions of this rental contract The Renter agrees to contact the Agent at once if an infraction of the lease occurs with regard to damage and pay to Agent immediately the cost of repairs or the solution to the problem incurred Renter will pay reasonable attorney's fees and court costs, if any, incurred by the Agent or Owner in enforcing this contract in court or otherwise to recover costs of damages FIREPLACES IN HOMES Homes with wood burning fireplaces not come furnished with firewood All firewood is at Renter's expense CONDITIONS OF RENT Any complaints which the Renter may have concerning the premises shall be directed to the Agent The Agentwill attempt to take care of any concerns or emergencies A complaint may be resolved immediately, or it may require some time to address the situation appropriately Whichever the case, this does not alter the contract Renter shall use the premises solely for residential purposes The premises shall not be occupied by more than persons Parties or gatherings of more than twice the occupancy of the house require advance approval by the Agent, and certain extra charges apply There will be a charge in the amount of $200 United States Dollars per day for each person staying overnight Page | 51 in the house beyond the occupancy limit specified without prior permission of the Agent Our general policy is that pets are not allowed, but in some special cases the Owner will allow small well-behaved pets for an ADDITIONAL SECURITY DEPOSIT of $250 United States Dollars Any agreement regarding pets shall be negotiated and paid for prior to your arrival Agent will have the right to show the premises to prospective clients ( future renters or potential buyers, if the house is for sale ) with 24 hour notice to Renter at Renter's convenience The Agent has the right to inspect the premises at anytime if Agent has reasonable cause to believe the Renter or any other person is misusing or damaging the premises or furnishings therein This contract may be amended only by a written agreement executed by Agent and Renter All discussions, understandings and agreements, whether written or verbal, between the parties, shall be governed and interpreted under the law of the Republic of Mexico The jurisdiction to which the Renter and Agent submit themselves to in the Republic of Mexico is San Miguel de Allende, State of Guanajuato expressly waiving any other jurisdiction that may correspond to them due to their present or future domiciles or due to any other cause If for any reason the Owner cannot deliver the property for the specified time, the Agent will try to find a comparable property to the satisfaction of the Renter If the Renter cannot be satisfied, the Agent will refund all money collected to that point Page | 52 Agent or Owner will assume no personal liability with respect to Renter, Family of Renter or Visitor except in the case of Agent's willful deception of Renter regarding the premises or gross negligence in performing the duties as Agent In no event shall the Agent or Owner be liable to Renter for any consequential or indirect damages, injury, or for pain or suffering incurred by Renter in connection with this contract to lease the specified premises The use of stairways, balconies, rooftops and pools as well as gas and electric appliances are at the Renter, Family of Renter or Visitors' own risk If children are included in the rental party, the Renters are responsible for the behavior and actions of their children and any of the children's friends or guests Renters must agree personally to supervise any children on the rental property, especially in homes with pools It should be understood that the household staff is present to perform cleaning and cooking duties; they are not authorized to serve as babysitters Renters are responsible for procuring their own babysitting services By affixing his/her name to this contract, and completing the following form, it is understood that the Renter has read and agreed to all the above terms and conditions Signature of Renter Date: Renter's Name: Street Address: Page | 53 City: Telephone: E-mail: San Miguel House Rentals San Miguel de Allende, Mexico Phone: 011-52 415 120 0829 E-mail: San Miguel House Rentals 1b.1 Chwee Kin Keong v Digilandmall Pte Ltd Fact: The respondent was a company that sold information technology products across the internet As part of its business it operated a website owned by Hewlett Packard and its own website ('the Digilandmall website') On January 2003 employees of an entity related to the respondent, Digiland International Ltd ('DIL'), were undergoing a training session at the respondent's premises A DIL employee inadvertently loaded contents of the training template onto the Digiland commerce website, which then automatically and instantaneously initiated the insertion of similar contents onto all three websites As a result of the mistake the price of the laser printer 'HPC 9660A Color Laserjet 4600' was advertised at the wrong price of $66 The actual price was $3,854 All six appellants were graduates conversant with the usage of the internet and its practices, and endowed with more than an adequate understanding of business and commercial practices There were various communications between the six appellants on 13 January 2003, including a comment from a third party to the first appellant that he thought the Page | 54 price of the printers was the 'wrong posted price' In the early hours of 13 January 2003 the six appellants placed orders over the internet for 1,606 of the printers Confirmation notes were automatically despatched to the appellants through e-mail When the respondent learnt of the error the advertisement was promptly removed from the websites and the appellants, as well as 778 other buyers of the printers, were informed that the price posting was an error and that the respondents would not be meeting the orders The appellants collectively and individually maintained that while they thought the price of $66 was a good deal, they did not think that the website prices had been mistakenly placed or inserted The appellants brought legal proceedings seeking enforcement of the contracts It was submitted on behalf [2006] LRC 37 at 38 of the appellants that the contract was binding and one which the respondent was obliged to honour The High Court dismissed the action, holding that the contracts were void because the appellants had actual, or alternatively constructive, knowledge of the respondent's mistake The appellants appealed to the Court of Appeal The main issue in the proceedings was the level of knowledge possessed and/or belief entertained by each of the appellants when they entered into each of the transactions for the purchase of the laser printers The appellants also contended that the High Court had erred in awarding the respondent the full costs of the trial as there were several issues at trial on which the respondent had not succeeded HELD: Appeal dismissed Costs order set aside and order for reduced amount of costs substituted Page | 55 1b.2 McRae v Commonwealth Disposals Commission (1950) 84 CLR 377 Facts: The defendants sold an oil tanker described as lying on Jourmand Reef off Papua The plaintiffs incurred considerable expenditure in sending a salvage expedition to look for the tanker There was in fact no oil tanker, nor any place known as Jourmand Reef The plaintiffs brought an action for (1) breach of contract, (2) deceit, and (3) negligence Decision: The trial judge gave judgment for the plaintiffs in the action for deceit He held that Couturier v Hastie obliged him to hold that the contract of sale was void and the claim for breach of contract failed Both parties appealed The High Court of Australia stated that it was not decided in Couturier v Hastie that the contract in that case was void The question whether it was void or not did not arise If it had arisen, as in an action by the purchaser for damages, it would have turned on the ulterior question whether the contract was subject to an implied condition precedent In the present case, there was a contract, and the Commission contracted that a tanker existed in the position specified Since there was no such tanker, there had been a breach of contract, and the plaintiffs were entitled to damages for that breach 1b.2 Taylor v Johnson (1983) Fact Plaintiff and Defendants are both horse breeders Plaintiff and Defendant entered in an agreement to breed Plaintiff’s mares with Defendant’s Stallion Defendant then sold the stallion and shipped it to Kentucky Plaintiff and Defendant made several attempts to breed the mares Page | 56 with the stallion but the breeding never came to pass Decision For there to be anticipatory breach as a matter of law, one party must state, clearly, that they will not perform the contract or make such performance impossible, not, merely, difficult 1b.3 Leaf v International Galleries [1950] KB 86 Fact: The claimant purchased a painting from the defendant Both parties believed that the painting was by the artist Constable In fact years later the claimant discovered the painting was not a Constable The claimant brought an action based both on misrepresentation and mistake The claim based on misrepresentation was successful however, since it was an innocent misrepresentation, the claimant had lost the right to rescind the contract through lapse of time With innocent misrep the time starts to run from the date of the contract not the date of discovery Decision: The claim based on mistake was unsuccessful as the mistake related to the quality and did not render the subject matter something essentially different from that which it was believed to be He believed he was buying a painting and he got a painting 1c.3.1 Balfour v Balfour [1919] KB 571 Facts: A husband worked overseas and agreed to send maintenance payments to his wife At the Page | 57 time of the agreement the couple was happily married The relationship later soured and the husband stopped making the payments The wife sought to enforce the agreement Decision: The agreement was a purely social and domestic agreement and therefore it was presumed that the parties did not intend to be legally bound 1c.3.2 Merritt v Merritt [1970] WLR 1211 Court of Appeal Facts: A husband left his wife and went to live with another woman There was £180 left owing on the house which was jointly owned by the couple The husband signed an agreement whereby he would pay the wife £40 per month to enable her to meet the mortgage payments and if she paid all the charges in connection with the mortgage until it was paid off he would transfer his share of the house to her When the mortgage was fully paid she brought an action for a declaration that the house belonged to her Decision: The agreement was binding The Court of Appeal distinguished the case of Balfour v Balfour on the grounds that the parties were separated Where spouses have separated it is generally considered that they intend to be bound by their agreements The written agreement signed was further evidence of an intention to be bound 1c.4a Edwards v Skyways [1964] WLR 349 Court of Appeal Facts: The claimant was an airline pilot working for the defendant He was to be made redundant The defendants said that if he withdrew his contributions to the company pension Page | 58 fund, they would pay him the equivalent of company contributions in an ex gratia payment The claimant agreed to this and withdrew his contributions The company then ran into further financial difficulty and went back on their promise relating to the ex gratia payment Decision: The agreement had been made in a business context which raised a strong presumption that the agreement is legally binding The claimant could therefore enforce the agreement and was entitled to the money 1c.4b Roscorla v Thomas (1842) QB 234 Facts P purchased a horse from D D then promised the horse was sound The horse was in fact not sound and P sued for breach of contract Held There was no consideration for the promise that the horse was sound The only consideration that had been alleged was the contract for the sale of the horse – this, however, had preceded the defendant’s promise – it was not part of the bargain – not given in exchange for the promise Consequently it was not good consideration 1d.1a Corpe v Overton (1833) Page | 59 Facts: a minor agreed to enter into a partnership, which was to be formed in the future He paid a £100 deposit, knowing that he would lose it if he did not in the end go through with the partnership Before the partnership was put into operation, the minor repudiated the agreement Decision: The minor was entitled to have his deposit back, because there was a total failure of consideration, at the time he terminated the contract, he had received nothing in return for it 1d.1b Roberts V Gray (1913) KB 520, CA Fact: In this case a minor was held liable for his failure to perform a contract for a tour with the plaintiff, a professional billiards player It was a contract for the instruction of the minor The contract was wholly executory and but it was held that the contract was binding on him from its formation The reason for this may be that there is a distinction between necessary goods and necessary services, however difficult to justify Decision: This study area has been created by our experts to help students with Contract Law Essay and Problem Questions If you require further help with your question, why not order a fully customised model answer on which to base your assignment? Use our online order form to submit your request and you could have a complete model answer written to your specification within 24 hours 1d.2 Mercantile Union v Ball (1937) Fact: Ball bought a truck on a hire purchase and fell behind payment Mercantile sued Decision: ball will not bound by the contract as he could not understand his legal position as a minor The contract is unenforceable Page | 60 1d.3 Steinberg v Scala (1923) 2a.2 Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co (1894) 2b Standard form contract: labor contract VANLAACK ASIA CO., LTD Number: VL- /LTD THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ***************** LABOR CONTRACT Issued under the Circular No.21/2003/TT-BLDTBXH dated 22 September 2003 of the Ministry of Labor, Invalid and Social Affairs We are, from one side: Ms KIM THU HUONG Position: Director On behalf of: Van Laack Asia Co., Ltd Address: Ngoc Hoi Industrial Zone, Thanh Tri District, Hanoi City Tel: 04 684 0700 Fax: 04 689 2198 And from other side: TRƯƠNG MINH TUYỀN Date of birth: 25/11/1984 Degree: Profession: Home address: Thôn 1, Vạn Phúc, Thanh Trì, Hà Nội ID card no #: 012221218 Issue date: 19/04/1999 Issue at: Hà Nội Labor book no (If any) Tel: Agreed to sign this labor contract (the “Contract”) with the following terms and conditions: Article 1: Term and job in labor contract 1.1 Kind of Contract: Limited, commencing on July 1st 2007 to Jun 30th 2009 The Employer holds the right to terminate the Contract if the Employee does not satisfy the Page | 61 requirement of work 1.2 Working place: Van Laack Asia Co., Ltd 1.3 Position/Profession: Employee Department: Production 1.4 Job description: All tasks as assigned by the company's management Article 2: Working Hour Working time: Follow the working times regulated by the Company Article 3: Obligations, right and benefit of the Employee 3.1 Right and benefits of the Employee * Uniform: Provided with uniform and labor safety facility * Mean of Transportation: As regulated by the Company * Monthly salary: - Basic salary: 53.50 USD - Executive allowance: USD - Total: 53.50 USD * Method of Payment: Salary to be calculated and paid on the fifth of the following month by Bank transfer/in cash * Salary Increment: According to the Company’s Policies * Bonus: According to the Company’s Policies * Training: According to the training schedule and plan arranged by the Company * Time of Rest: According to the Company's Labor Regulation and current labor regulations * Social & health insurance: Social and health insurance of the Employee will be paid in accordance with the regulations on insurance 3.2 Obligations of the Employee - Fulfill the Job undertaken in this contract, to comply with production and business orders, protect the properties of the Company and shall compensate for damage or loss properties incurred by the Company due to carelessness, negligence or stolen - Strictly follow and respect the term of and commitment in the Labor contract Compensate to the Company all training expenses and/or monetary commitment mentioned in the Labor contract and/or in labor regulations of the Company in the case the Employee intentionally terminates the Labor contract without approval of the director of the Company - Strictly follow the instruction of management level, rules and regulations in the Company Article 4: Obligations and rights of the Employer 4.1 Obligations of the Employer - Ensure the work and completely fulfill all the commitment in the Contract - Duly and in time settle all the rights and obligations to the Employee in accordance with the Contract 4.2 Rights of the Employer Page | 62 - Has the right to suspend or apply disciplinary measures according to labor law and regulations or terminate the contract of the Employees who has violated the regulations, rule of the Company or the health and ability could not meet the requirement of work - Employer reserves the right to transfer the Employee to other property which is owned or managed by the Employer in accordance to the law and regulations Article 5: General Provisions 5.1 This contract is made and signed on: July 1st 2007 in Hanoi City 5.2 This Contract is made in copies, copy will be kept by the Employer and copy to be kept by the Employee Employer KIM THU HƯƠNG Director Employee TRƯƠNG MINH TUYỀN 2c.2 Karsales (Harrow) Ltd v Wallis [1956] 2c.3 Causer v Browne (1952) Fact: At the drycleaners, Browne received a receipt of the dryclean service without knowledge of the terms written on the receipt The plaintiff messed the clothes up Browne complained and didn't pay The plaintiff argued that terms on the receipt stated that he was not liable for any damage to the clothes Decision: The plaintiff lost The judge agreed that it wasn't obvious that the receipt had terms of contract on them Page | 63 2c.3 Curtis v Chemical cleaning co (1951) Facts: The plaintiff brought a dress to the defend Curtis v Chemical Cleaning Co [1951] KB 805 The plaintiff took a wedding dress to be cleaned by the defendants She signed a piece of paper headed 'Receipt' after being told by the assistant that it exempted the cleaners from liability for damage to beads and sequins The receipt in fact contained a clause excluding liability "for any damage howsoever arising" When the dress was returned it was badly stained Decision: It was held that the cleaners could not escape liability for damage to the material of the dress by relying on the exemption clause because its scope had been misrepresented by the defendant's assistant Page | 64 ... School of Law, LAW OF CONTRACT: LAWS1015, [Online] Available http://www.soton.ac.uk /law/ ugopportunities/llb/laws1015_contract _law. html 9, Contracts Law Overview, [Online] Available http://www.4lawschool.com/contracts101/contractslaw.htm... writing this report, I have improved my knowledge about law of contract as well as practical experience for each claim in the current report This report and context and requirements of common law helped... https://www.dlsweb.rmit.edu.au/lsu/content/D_BUS /law/ business_contract/concept/map.html 7, Assented.org “Your Complete Contract Law Resource”, Contract law information, [Online], Available http://www.assented.org/Contract _law/ encyclopedia.htm?