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Research Paper on Business Law
Pages 9 (2259 words)
1.1 An aggrieved party can use the civil procedure to bring an action under contract or property law among other things. Under the circumstances of a contract the essential elements are offer, acceptance and intent to create legal relations. On formation of such a contract if it is found that there has been a breach of the contract, the aggrieved party can bring an action under the civil procedure.
3. The courts in Barclays Bank v. O'Brien1 have classified undue influence into two classes; the first is actual undue influence where the claimant has to prove that the offender had used undue influence on the claimant to enter into the particular transaction. In the second class that is presumed undue influence, the claimant only has to prove that there was a relationship of trust and confidence which has been breached; there is no need to prove actual undue influence, once a confidential relationship has been established.
4. A lessee is under a duty to abide by the leasehold covenants which have been agreed upon in the agreement. Further the lessee has to maintain property so that third party entering the premises does not get affected from such non-maintenance.
5. Under the Statute of Frauds 1677 it has been clearly stated that contracts of surety must be made in writing and should be duly signed. ...
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