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Questions and Answers
What distinguishes franchise agreements from other agreements in restraint of trade?
What distinguishes franchise agreements from other agreements in restraint of trade?
Franchise agreements are not regarded as agreements in restraint of trade due to their characteristic of allowing individuals to operate under a brand rather than solely restricting business activities.
Under what conditions are agreements in restraint of trade considered void?
Under what conditions are agreements in restraint of trade considered void?
Agreements are deemed void if they impose unreasonable restrictions on trade or if they inhibit free competition without valid justification.
What impact do negative covenants have on contracts?
What impact do negative covenants have on contracts?
Negative covenants restrict one party from engaging in certain activities, which can help protect business interests but may also be challenged if overly broad or unreasonable.
What are the implications of agreements in restraint of legal proceedings?
What are the implications of agreements in restraint of legal proceedings?
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How does Section 28 affect agreements in restraint of legal proceedings?
How does Section 28 affect agreements in restraint of legal proceedings?
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What are the consequences of an agreement that is declared void?
What are the consequences of an agreement that is declared void?
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What is a key characteristic of a bilateral mistake?
What is a key characteristic of a bilateral mistake?
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Explain the term 'void agreements' as mentioned in Section 7.1.
Explain the term 'void agreements' as mentioned in Section 7.1.
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What makes an object of an agreement unlawful according to the law?
What makes an object of an agreement unlawful according to the law?
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What types of agreements are expressly declared void by law?
What types of agreements are expressly declared void by law?
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How does Section 29 relate to the certainty of terms in an agreement?
How does Section 29 relate to the certainty of terms in an agreement?
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What is an example of an agreement that is impossible to perform?
What is an example of an agreement that is impossible to perform?
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What legal formalities are required for certain agreements to be enforceable?
What legal formalities are required for certain agreements to be enforceable?
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What are restraint of trade agreements and why are they important?
What are restraint of trade agreements and why are they important?
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What does a negative covenant in a contract imply?
What does a negative covenant in a contract imply?
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Why are agreements not to engage in legal proceedings considered void?
Why are agreements not to engage in legal proceedings considered void?
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What is required for the evidential value of information stored in a digital device to be accepted in court if it cannot be physically produced?
What is required for the evidential value of information stored in a digital device to be accepted in court if it cannot be physically produced?
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Explain the significance of using electronic mail systems over WhatsApp messaging for business partnership agreements.
Explain the significance of using electronic mail systems over WhatsApp messaging for business partnership agreements.
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Define implied contract and give an example from daily life.
Define implied contract and give an example from daily life.
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What distinguishes a quasi-contract from a traditional contract?
What distinguishes a quasi-contract from a traditional contract?
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What is the legal implication of a person boarding a bus with respect to contract law?
What is the legal implication of a person boarding a bus with respect to contract law?
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What are the two categories of contracts based on execution?
What are the two categories of contracts based on execution?
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How does Section 65B relate to the digital presentation of evidence in legal proceedings?
How does Section 65B relate to the digital presentation of evidence in legal proceedings?
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In the context of business law, what effect does a negative covenant have on contractual agreements?
In the context of business law, what effect does a negative covenant have on contractual agreements?
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Study Notes
Valid Contract Elements
- Lawful object: An agreement is unlawful if forbidden by law, defeats existing laws, is fraudulent, harms another's person or property, or is considered immoral/against public policy.
- Void agreements: Specific agreements are explicitly declared void by law (e.g., restraint of marriage, trade, legal proceedings; uncertain, wagering, impossible agreements). These are unenforceable.
- Certainty of terms: Contract terms must be clear or capable of clarification. Vague agreements (e.g., "a hundred tons of oil" without specifying type) aren't enforceable.
- Possibility of performance: Agreements with impossible acts (e.g., bringing a dead person back to life, discovering treasure magically) are unenforceable.
- Legal formalities: Some agreements require written or registered documentation to be enforceable. Examples include partnership deeds, time-barred debt agreements, and property transfers (requiring writing and registration).
Proof of Digital Evidence
- Original digital device in court: If the original digital device containing the information is physically produced in court, with the owner/operator present, no special certificate is needed.
- Digital device not physically present: If the device is part of a computer system/network and cannot be produced in court, Section 65B(1) and its supporting certificate (Section 65B(4)) are mandatory for proving the information.
Implied Contracts
- Actions as agreements: Contracts can be formed by the actions/conduct of parties, rather than spoken or written words. Examples include paying for parking, boarding a bus, etc. Implied contracts arise where a passenger enters a bus, and it is implied they agree to pay for the service.
- Quasi-contracts: These are contracts inferred by law, even when no explicit agreement exists. An example is the obligation of a finder of lost goods to return them to the owner. They are based on fairness, preventing enrichment at another's expense.
Types of Contracts by Execution
- Executed contract: A contract fully performed by both parties.
- Executory contract: A contract not yet fully performed by one or both parties.
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Description
Test your knowledge on the essential elements of valid contracts. This quiz covers aspects like lawful objects, void agreements, certainty of terms, and legal formalities. Ensure you understand what makes an agreement enforceable under the law.