Discharge of a contract relates to the circumstances in which the contract is brought to an end. Where a contract is discharged, each party is freed from their continuing obligations under the contract. A contract may be discharged in one of the following ways...

 

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INTRODUCTION The role of contract is central to the smooth functioning of society and the commercial world.  People contract on a daily basis in a variety of ways.  Some of these contracts simply involve the purchase of a newspaper or a bus or rail ticket, while others involve complex commercial transactions, such as the importation of goods from overseas.  A study of contract law offers a practical insight into the manner in which commercial agreements are validly created and it assists in reducing the risks inherent in business transactions.
see more:CONTRACT LAW.pdf

Review: Law of Contract – Offer and Acceptance

The following extract will concentrate on the principles relating to the communication of offers and acceptances.
The most frequently asked questions usually involve communication of acceptance but, remember that an offer must be communicated too.
If you’re answering a problem question, don’t forget to identify the claimant and what s/he is suing the defendant for. That established – define your terms:
see more: Review: Law of Contract.pdf

The seventh edition of this book aims to build on the strengths that have led to the success and popularity of the previous editions, which have been extremely well received by both teachers and students alike. It incorporates all the important legal developments that have taken place since the publication of the last edition. As with our previous edi- tions, our aim has been to provide a clear explanation of the law of contract. As well as setting out the law itself, we look at the principles behind it, and discuss some of the issues and debates arising from contract law. We hope that the material will allow you to enter into some of that debate and develop your own views as to how the law should develop. One of our priorities in writing this book has been to explain the material clearly, so that it is easy to understand, without lowering the quality of the content. Too often, law is avoided as a difficult subject, when the real difficulty is the vocabulary and style of legal textbooks. For that reason, we have aimed to use ‘plain English’ as far as possible, and explain the more complex legal terminology where it arises. There is also a glossary explaining common terms at the back of the book. In addition, chapters are structured so that material is in a systematic order for the purposes of both learning and revision, and clear subheadings make specific points easy to locate. Although we hope that many readers will use this book to satisfy a general interest in the law, we recognise that the majority will be those who have to sit an examination in the subject. Therefore, each chapter features typical examination questions, with detailed guidance on answering them, using the material in the book. This is obviously useful at revision time, but we recommend that, when first reading the book, you take the oppor- tunity offered by the questions sections to think through the material that you have just read and look at it from different angles. This will help you both to understand and to remember it. You will also find that the Appendix at the end of the book gives useful general advice on answering examination questions on contract law.
see more: Contract Law Catherine Elliott & Frances Quinn.pdf

In Part III of the text we discussed a number of doctrines that control the contract negotiation process. Some vitiation doctrines focus on the reprehensible behaviour of the party seeking to uphold the contract (eg misrepresentation (ch 6) and duress (ch 9)); others focus on the impaired consent of the party seeking to escape the con- tract (eg mistake (ch 7)). This chapter examines a further basis for invalidating an otherwise valid contract; namely, the claimant’s incapacity to make the contract in question. Recognised categories of personal incapacity are infancy, mental incapacity, and those so affected by drink or drugs as not to know what they are doing. All others are presumed to have the capacity to make a valid contract although lesser weakness of mind, immaturity, inexperience, or lack of knowledge may, in appropriate cases, allow a party to avoid a contract for undue infl uence, as an unfair guarantee, or as an unconscionable bargain (see ch 10).
see more:CONTRACT LAW BY MINDY CHEN-WISHART.pdf

This work presents the lecture notes on all the relevant Business Law topics as indicated
in the course outline and which the students, subjects to this course, are intended to learn
over the stretch of the respective semesters and it is intended to aid students to avail
themselves of the guidelines to this course, usefulness of which it is assumed, would help
them create a definite scope on what they have to learn when they do their library
materials exploration. In no way is this work destined to be an exhaustive and all-in-one
facility for every matter in Business Law required of students to gain knowledge of in
this course. Students are called upon to refer to the Library Materials cited by the
Instructors in the class as well as those provided in the course outline for a better
understanding and an ever lasting, well packed satisfaction.  

Kisilwa, Zaharani

see more: Business law: lecture notes.pdf

AGREEMENT Once when offer has been accepted, both offer and acceptance change their character and become an agreement. This is the situation whereby an offer made by one person is accepted by the person to whom the offer is made.
Therefore, agreement comes into existence only when one party makes a proposal to the other party and that other party implies his acceptance.
Agreement is not a contract An agreement is called a contract only when it is enforceable by law. All agreements do not need a legally enforceable and on that we can say an agreement has a much wider scope than a contract. An agreement does not necessarily imply a legal obligation on the parties to the agreement.
see more: AGREEMENT.pdf

Agency is a relationship established when two parties agree to have one party act on behalf of the other. The example discussed in this guide will be the real estate brokerage acting on behalf of a buyer or a seller. The agency relationship exists between the Client (buyer or seller) and the Agent (the brokerage, including its broker, associate brokers and associates).
Members of the public at first point of contact with a brokerage representative are not in an agency relationship with the brokerage. It is important to note that an agency relationship can be created if either party acts in a manner that implies that such a relationship exists. For example, an agency relationship may be created unintentionally if the buyer or seller provides confidential information to the REALTOR® or asks the REALTOR® for advice about a possible purchase or sale. You should be careful not to form this relationship until you have made a conscious decision to have the brokerage act on your behalf and you have consented to the agency relationship in writing.
see more: Agency Relationships guide.pdf

(Toleo hili la Katiba ya Jamhuri ya Muungano wa Tanzania, ya Mwaka 1977, limezingatia na kuweka pamoja mabadiliko yote yaliyofanywa katika Katiba ya Muungano tangu ilipotungwa mwaka 1977 hadi tarehe 30 Aprili, 2000.

 Katiba ya Jamhuri ya Muungano wa Tanzania 1977.pdf

If you are one of those executive types unhappy at your present post and embarking on a New Year's resolution to find a new one, here's a helping hand. The job interview is considered to be the most critical aspect of every expedition that brings you face-to- face with the future boss. One must prepare for it with the same tenacity and quickness as one does for a fencing tournament or a chess match.

1. Tell me about yourself.

Since this is often the opening question in an interview, be extra careful that you don't run off at the mouth. Keep your answer to a minute or two at most. Cover four topics: early years, education, work history, and recent career experience. Emphasize this last subject. Remember that this is likely to be a warm-up question. Don't waste your best points on it.

2. What do you know about our organization?

You should be able to discuss products or services, revenues, reputation, image, goals, problems, management style, people, history and philosophy. But don't act as if you know everything about the place. Let your answer show that you have taken the time to do some research, but don't overwhelm the interviewer, and make it clear that you wish to learn more.

You might start your answer in this manner: "In my job search, I've investigated a number of companies

Yours is one of the few that interests me, for these reasons..."

Give your answer a positive tone. Don't say, "Well, everyone tells me that you're in all sorts of trouble, and that's why I'm here", even if that is why you're there.

3. Why do you want to work for us?

The deadliest answer you can give is "Because I like people." What else would you like-animals?

Here, and throughout the interview, a good answer comes from having done your homework so that you can speak in terms of the company's needs. You might say that your research has shown that the company is doing things you would like to be involved with, and that it's doing them in ways that greatly interest you. For example, if the organization is known for strong management, your answer should mention that fact and show that you would like to be a part of that team. If the company places a great deal of emphasis on research and development, emphasize the fact that you want to create new things and that you know this is a place in which such activity is encouraged. If the organization stresses financial controls, your answer should mention a reverence for numbers.

If you feel that you have to concoct an answer to this question - if, for example, the company stresses research, and you feel that you should mention it even though it really doesn't interest you- then you probably should not be taking that interview, because you probably shouldn't be considering a job with that organization.

Your homework should include learning enough about the company to avoid approaching places where you wouldn't be able -or wouldn't want- to function. Since most of us are poor liars, it's difficult to con anyone in an interview. But even if you should succeed at it, your prize is a job you don't really want.

4. What can you do for us that someone else can't?

Here you have every right, and perhaps an obligation, to toot your own horn and be a bit egotistical. Talk about your record of getting things done, and mention specifics from your resume or list of career accomplishments. Say that your skills and interests, combined with this history of getting results, make you valuable. Mention your ability to set priorities, identify problems, and use your experience and energy to solve them.

5. What do you find most attractive about this position? What seems least attractive about it?

List three or four attractive factors of the job, and mention a single, minor, unattractive item.

6. Why should we hire you?

Create your answer by thinking in terms of your ability, your experience, and your energy. (See question 4.)

7. What do you look for in a job?

Keep your answer oriented to opportunities at this organization. Talk about your desire to perform and be recognized for your contributions. Make your answer oriented toward opportunity rather than personal security.

8. Please give me your definition of [the position for which you are being interviewed].

Keep your answer brief and task oriented. Think in in terms of responsibilities and accountability. Make sure that you really do understand what the position involves before you attempt an answer. If you are not certain. ask the interviewer; he or she may answer the question for you.

9. How long would it take you to make a meaningful contribution to our firm?

Be realistic. Say that, while you would expect to meet pressing demands and pull your own weight from the first day, it might take six months to a year before you could expect to know the organization and its needs well enough to make a major contribution.

10. How long would you stay with us?

Say that you are interested in a career with the organization, but admit that you would have to continue to feel challenged to remain with any organization. Think in terms of, "As long as we both feel achievement-oriented."

11. Your resume suggests that you may be over-qualified or too experienced for this position. What's your opinion?

Emphasize your interest in establishing a long-term association with the organization, and say that you assume that if you perform well in his job, new opportunities will open up for you. Mention that a strong company needs a strong staff. Observe that experienced executives are always at a premium. Suggest that since you are so wellqualified, the employer will get a fast return on his investment. Say that a growing, energetic company can never have too much talent.

12. What is your management style?

You should know enough about the company's style to know that your management style will complement it. Possible styles include: task oriented (I'll enjoy problem-solving identifying what's wrong, choosing a solution and implementing it"), results-oriented ("Every management decision I make is determined by how it will affect the bottom line"), or even paternalistic ("I'm committed to taking care of my subordinates and pointing them in the right direction").

A participative style is currently quite popular: an open-door method of managing in which you get things done by motivating people and delegating responsibility.

As you consider this question, think about whether your style will let you work happily and effectively within the organization.

13. Are you a good manager? Can you give me some examples? Do you feel that you have top managerial potential?

Keep your answer achievementand ask-oriented. Rely on examples from your career to buttress your argument. Stress your experience and your energy.

14. What do you look for when you hire people?

Think in terms of skills. Initiative, and the adaptability to be able to work comfortably and effectively with others. Mention that you like to hire people who appear capable of moving up in the organization.

15. Have you ever had to fire people? What were the reasons, and how did you handle the situation?

Admit that the situation was not easy, but say that it worked out well, both for the company and, you think, for the individual. Show that, like anyone else, you don't enjoy unpleasant tasks but that you can resolve them efficiently and -in the case of firing someone- humanely.

16. What do you think is the most difficult thing about being a manager or executive?

Mention planning, execution, and cost-control. The most difficult task is to motivate and manage employess to get something planned and completed on time and within the budget.

17. What important trends do you see in our industry?

Be prepared with two or three trends that illustrate how well you understand your industry. You might consider technological challenges or opportunities, economic conditions, or even regulatory demands as you collect your thoughts about the direction in which your business is heading.

18. Why are you leaving (did you leave) your present (last) job?

Be brief, to the point, and as honest as you can without hurting yourself. Refer back to the planning phase of your job search. where you considered this topic as you set your reference statements. If you were laid off in an across-the-board cutback, say so; otherwise, indicate that the move was your decision, the result of your action. Do not mention personality conflicts.

The interviewer may spend some time probing you on this issue, particularly if it is clear that you were terminated. The "We agreed to disagree" approach may be useful. Remember hat your references are likely to be checked, so don't concoct a story for an interview.

19. How do you feel about leaving all your benefits to find a new job?

Mention that you are concerned, naturally, but not panicked. You are willing to accept some risk to find the right job for yourself. Don't suggest that security might interest you more than getting the job done successfully.

20. In your current (last) position, what features do (did) you like the most? The least?

Be careful and be positive. Describe more features that you liked than disliked. Don't cite personality problems. If you make your last job sound terrible, an interviewer may wonder why you remained there until now.

21. What do you think of your boss?

Be as positive as you can. A potential boss is likely to wonder if you might talk about him in similar terms at some point in the future.

22. Why aren't you earning more at your age?

Say that this is one reason that you are conducting this job search. Don't be defensive.

23. What do you feel this position should pay?

Salary is a delicate topic. We suggest that you defer tying yourself to a precise figure for as long as you can do so politely. You might say, "I understand that the range for this job is between ______ and ______. That seems appropriate for the job as I understand it." You might answer the question with a question: "Perhaps you can help me on this one. Can you tell me if there is a range for similar jobs in the organization?"

If you are asked the question during an initial screening interview, you might say that you feel you need to know more about the position's responsibilities before you could give a meaningful answer to that question. Here, too, either by asking the interviewer or search executive (if one is involved), or in research done as part of your homework, you can try to find out whether there is a salary grade attached to the job. If there is, and if you can live with it, say that the range seems right to you.

If the interviewer continues to probe, you might say, "You know that I'm making _____ now. Like everyone else, I'd like to improve on that figure, but my major interest is with the job itself." Remember that the act of taking a new job does not, in and of itself, make you worth more money.

If a search firm is involved, your contact there may be able to help with the salary question. He or she may even be able to run interference for you. If, for instance, he tells you what the position pays, and you tell him that you are earning that amount now and would Like to do a bit better, he might go back to the employer and propose that you be offered an additional 10%.

If no price range is attached to the job, and the interviewer continues to press the subject, then you will have to restpond with a number. You cannot leave the impression that it does not really matter, that you'll accept whatever is offered. If you've been making $80,000 a year, you can't say that a $35,000 figure would be fine without sounding as if you've given up on yourself. (If you are making a radical career change, however, this kind of disparity may be more reasonable and understandable.)

Don't sell yourself short, but continue to stress the fact that the job itself is the most important thing in your mind. The interviewer may be trying to determine just how much you want the job. Don't leave the impression that money is the only thing that is important to you. Link questions of salary to the work itself.

But whenever possible, say as little as you can about salary until you reach the "final" stage of the interview process. At that point, you know that the company is genuinely interested in you and that it is likely to be flexible in salary negotiations.

24. What are your long-range goals?

Refer back to the planning phase of your job search. Don't answer, "I want the job you've advertised." Relate your goals to the company you are interviewing: 'in a firm like yours, I would like to..."

25. How successful do you you've been so far?

Say that, all-in-all, you're happy with the way your career has progressed so far. Given the normal ups and downs of life, you feel that you've done quite well and have no complaints.

Present a positive and confident picture of yourself, but don't overstate your case. An answer like, "Everything's wonderful! I can't think of a time when things were going better! I'm overjoyed!" is likely to make an interviewer wonder whether you're trying to fool him . . . or yourself. The most convincing confidence is usually quiet confidence

view THE 25 MOST DIFFICULT QUESTIONS YOU'LL BE ASKED ON A JOB INTERVIEW