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Contract Dispute Resolution Essay

… That is due to several factors, including the backlog in the court system and the cost of hiring lawyers. If one wants to use judicial processes to resolve a contract dispute, one needs to have the ability to get a good lawyer and the time to wait for a court date, proceedings, and the decision of the judge. This kind of dispute resolution is more common with larger companies that have the kind of funds (and the kind of time) required in order to get through the court system. There is also a higher degree of stress that comes along with this type of contract dispute resolution, and that is something for which the parties to the judicial processes need to be prepared (ABA, 2011).…. [read more]


Contract Theories Term Paper

… Contract Theory: Contract Theory: Are Contracts Required for an Efficient Marketplace?

Contract Theory: Are Contracts Required for an Efficient Marketplace?

The primary business document that is used in the United States and most other countries of the world today is the contract. Contract law generally attempts to consider questions such as whether an enforceable contract actually exists, what the true meaning of that document is, whether a contract has been broken, and what compensation is due the injured party. This research paper is about theory of contract and provides a review of contemporary legal contract theories to answer the questions, "Why do we have contract law, anyway?," and, "Is contract law justified because people require a moral framework in which they are bound by what…. [read more]


Contracts and Fraud Essay

… Proving duress, much like proving fraud, can be difficult in a court of law and often requires third parties to testify how the duress took place. In a business context, an example of duress might include a seller putting undue pressure upon a buyer, saying "this offer will be withdrawn if you don't sign right now," or pressuring an employee to agree to work extra hours not stipulated in the original employment agreement with the implied threat of the employee losing his or her position (Signing a contract under duress, 2012, Law Guru).

There are two major forms of remedies in contract cases. One is monetary damages (such as a full refund for a purchase). Methods of computing monetary damages include "expectation interest. The goal…. [read more]


Contract Endzone Inc. Has Sued Maverick Sports Essay

… Contract

EndZone Inc. has sued Maverick Sports Co. For breach of contract. The plaintiff alleges that they had a legal contract with the defendant for the purchase of $400,000 worth of sports equipment over an 18-month period. Over the period in question, Maverick only purchased $1,000 worth of equipment. There are two main issues in this case. The first is the question of whether the oral agreement between the two companies constitutes a valid contract. The second is whether the email confirmation sent by EndZone to Maverick constitutes validation of the agreement in writing.

At its most basic, there is potential for a contract because the contract is of legal nature, and the parties both have the legal capacity to enter into a contract. There…. [read more]


Contract Proposal This Paragraph Serves Essay

… While the penalties for kickbacks, bribery and so forth are strong even at the local level, crimes involving federal contracts and contractors will be tried and prosecuted at the federal level.

Conclusion

The goal of the set-aside and contract-awarding process is to strike a balance between helping small business get contracts they normally would not get in other settings while at the same time ensuring that the tasks required are completely timely, competently and on-budget. This is all important because the taxpayers demand such accountability and veracity when there are taxpayer dollars involved. It is imperative for the federal government to ensure that the people involved in the process are acting in a legal way and that they legally entitled to do business or work…. [read more]


Recognizing Contract Risk and Opportunities Thesis

… Contract dispute and renegotiation between SS and CS: Overview

Legal issues present

Span Systems (SS), a leader in banking software and the European bank Citizen-Schwarz AG (CS) entered into a six million dollar contract a year ago. The contract stipulated that SS would provide a new Java-based banking system software system for CS. However, the contract has failed in terms of the "performance on delivery" aspect of a legal contract. SS has not performed its stated role, as stipulated in the contact. Only 40% of the work on the system has been completed by the specified date. SS originally agreed to have completed 60%, so as not to be in breach of the contract. Additionally, the contract states that neither SS nor CS may cancel…. [read more]


Contract Have Been Well Established Essay

… Full agreement on each and every term of the contract is not necessary for the contract to be enforceable but the essential terms must have agreed upon.

What constitutes essential terms and whether or not there are enough essential terms to constitute a contract is an issue for a court to determine. Under usual conditions the material terms of a contract must be agreed upon before a contract can be enforceable but, on occasion, there is a disagreement as to the material terms in which case the parties may be forced to seek court intervention. In any event, there must be sufficient agreement on the material terms of a contract in order for a contract to be valid and binding. Finally, all parties to a…. [read more]


Contract Was Formed by Allegheny Term Paper

… d.). While there is no reason that Allegheny could not sue after that length of time, it seems rather odd that the company would wait that long, especially if it was losing money, to speak up and say that the trade was flawed somehow or that Merrill Lynch was in breach of contract.

As for Merrill Lynch, it appears that company is in breach of contract. While Merrill Lynch and Allegheny Energy agreed that there were no guarantees that Allegheny Energy would make a profit or do well with the GEM unit (Merrill, 2005), Merrill Lynch also misrepresented the value of the company that is sold to Allegheny Energy, and therefore basically lied on the contract about what Allegheny was receiving for the money. This…. [read more]


Contract Term Paper

… 3. According to the text, "offers, once made, do not last forever. At some point in time, they terminate," (p. 329). Lapse of time is one of the core instances an offer will terminate in law. A "reasonable amount of time" is determined and in this case clearly a reasonable amount of time is linked directly to the day the offer is made. Two weeks is too long for a commodity market offer to remain valid. Moreover, both parties are members of the oil industry and therefore fully aware of the fluctuating price of the commodity. There is no possible way either party was unaware of the fact that crude oil prices fluctuate on a near day-to-day basis.

Therefore, the original offer had an unequivocal…. [read more]


Contract Law Lies Essay

… In other words, if one party dishonestly drafts a contract with vague language such that the terms of the contract benefit the interests of one party over the other, the unclear language of the contract will deliberately be interpreted to benefit the honest party (Contract Law, 2011).

Contracts are regularly modified to reflect an alteration in preference by one of the parties or because unexpected circumstances come about. For example, a person may contract with a builder to have a house constructed but during the course of construction he or she may desire that more rooms be included, or the builder may be forced to change the agreed-upon completion date due to problems with the weather. Both the initial contract and the subsequent modifications may…. [read more]


Contracts Law Term Paper

… Therefore, it was necessary for the contract to be in writing.

It is unclear whether or not all of the terms of the agreement were contained in the writing. Although the facts state that the parties agreed on the delivery date for the computer, it is unclear whether or not the date of delivery was contained in the writing.

There was a breach of contract. A breach of contract occurs when one party fails to fulfill its contractual obligations to the other party. Galaxy breached its obligation to deliver a Pentium 4 to Gabrielle on the specified date. Gabrielle may or may not have breached her obligation to deliver her trade-in and a $1,000 down payment on that date, depending on the terms of the…. [read more]


Contracts Chapter Essay

… Contracts

Chapter 1 introduces the general notion of a contractual agreement by underlining the relationship between promise and consideration, in terms of making such a relation enforceable. According to the introduction to chapter 1, a promise becomes enforceable if there is such a consideration, namely a benefit received by the promisor or a detriment of the promisee.

While a bargain is an exchange of promises or acts, the second part of the chapter on consideration deals with the general approach to bargains (as a general rule, most bargains constitute considerations) and with the exceptional cases when bargains are not consideration.

Such exceptions include nominal consideration (a situation when the consideration does not really reflect the actual contractual situation: paying too little for a higher value,…. [read more]


Contract Law / Australia Essay

… Contract Law / Australia

The term "Contract Law" has the ability to almost immediately make someone thing of lawsuits and litigation. For the most part, contracts are thought of as being very formal documents written up with language that is difficult for the average person to read and much less understand. However we may feel about contracts, we must not deny that they are a part of our everyday lives. Almost every aspect of what we do in modern life requires a contract today. Take, for example, eating in a restaurant (you get the menu, eat, then you get the bill; even the credit card you pay for that meal with is a contract) and purchasing a plane ticket to see relatives (which you probably…. [read more]


Contract Modification Term Paper

… Most legal scholars believe that the Courts typically rule that the intoxicated person should need to take responsibility for their actions. However, the Court could also rule that Charlotte took advantage of Kira because of the nature of the price on the necklace -- thousands of dollars, which a reasonable person would not likely enter into (Read This, 2012; Who Lacks, 2011).

Part 3 -- Consideration -- Lewis is a racecar driver and his friend Tuan promised to pay him $3,000 if he won the race. Lewis won, but Tuan refused to pay, saying he had received no consideration for the verbal contract. Lewis sued Tuan claiming that consideration given was the agreement to participate in the race. On one hand, the doctrine of promissory…. [read more]


Contracts and Procurement A-Level Coursework

… Contract Procurement

NONCOMETE and NONDISCLOSURE AGREEMENT

law business

NONCOMPETE and NONDISCLOSURE AGREEMENT

This Noncompete and Nondisclosure Agreement ("Agreement") is made effective for all purposes and in all respects as of this 14th day of May 2010, by and between Texas Doc LLC.

("Company") and Bob Bobswell ("Editor"). Company and Editor shall collectively be known herein as "the Parties."

* in many situations, nondisclosure and noncompetition agreements are bundled into the same agreement since the clauses are severable

Since most films/documentaries create an LLC to handle all the business surrounding the film, I have created an imaginary LLC for this documentary, which shall be the hiring entity. This protects the filmmakers from personal liability as they can hide behind the corporate veil in the case of…. [read more]


Contract Claims and Dispute Term Paper

… First of all, the project manager should not hand over the building to the client because there are defects in it which the contractor is legally obligated to properly build. Essentially, it is up to the project manager to tell the contractor to continue working on the building until it is free from defects and in a shape that is commensurate with the description provided within the contract. The specific terms of the contract, then, are very important and require intense scrutiny, for the simple fact that if the contract does not require the building to be free from defects or to be completed -- as was the case in "The Great Asphalt Robbery" in which the contractor merely leased its equipment and personnel to…. [read more]


Contract Law Legal Ethical and Social Issues in Computing Essay

… Contract Law (Legal, Ethical & Social Issues in Computing)

Contract Law

The contemporaneous society is evolving at a rapid pace and most of the emergent changes are derived from the technological background. The hi-tech innovations play a pivotal part in the way we now live our lives and the domain is subjected to numerous modifications. One particular change affecting the it industry relates to the legislation that governs it. This was rather scarce in the beginning, but efforts have been made to improve the legal standards of conducing it operations and using it products.

Despite the steps made in the direction of better legislating Information Technology, breaches still occur. The most common breaking of law in it refers to piracy, or the unauthorized usage of…. [read more]


Penalty Law / Civil Essay

… As a result of this objective, KOC, KNPC, and PIC are now owned by the State completely. Finally, by virtue of the law that was devised in the year 1980, KPC was established, and all of the companies were made a part of KPC.

At this point, it is important for us to bring into limelight the aspects of the Kuwaiti law that is particularly relevant to the investment of oil, inside as well as outside the country. A contract is defined as an agreement that creates obligations that are then enforced by law. The fundamental aspects of a contract are consideration, mutual assent, legality, and capacity. In some countries, the aspects of consideration can be fulfilled by a substitute that is reasonably valid. The…. [read more]


Wall Street Journal - Contracts Issue Business Term Paper

… Wall Street Journal - Contracts Issue

Business LAW

Breach of Contract:

Civil contracts require performance by both parties. Usually, but not always, one party to a civil contract agrees to perform a service or provide certain goods for which the other party agrees to pay an amount specified in the contract. Where one party refuses to perform his obligations required under the terms of a valid contract, this violation breaches the contract (Miller, 1988).

Sometimes, a party performs the service or provides the goods specified by the contract, but a dispute arises between the parties concerning that performance. If the performance fails to meet certain elements of the contract, that is also considered a breach of contract, because the party paying for goods or services…. [read more]


Contracts Elements Essay

… In cases where an agent relationship has to be determined, there are two parties involved; the principal and agent. The agent acts on behalf of the principal an agent therefore has a legal power to bind the principal. A principal should be very careful when it comes to the type of authority they give to an agent (The 'Lectric Law Library, 2013).

Considerations in a contract

Consideration is very important in formation of a contract. This can be a promise to do a given task or to stop undertaking a legally entitled to action as a result of a contract agreed on. In a bilateral contract, the involved parties will exchange mutual promises and each promise given and accepted is taken as a consideration that…. [read more]


Contract Several Elements Essay

… If mistakes are found within a contract, the contract can also be considered to be unenforceable, however, if any of the parties knowingly enter into a contract that has mistakes, then the "knowledge of the mistake will be imputed to each party" (Breach of Contract: Defenses, 2010). If a party was coerced or pressured into entering a contract, then duress can be claimed; duress includes extortion, physical violence, threats, and/or show of force. Undue influence is when "one party exercises such control over a second party as to overcome the independent judgment and free will of the second party" (Breach of Contract: Defenses, 2010). Unconscionability happens when contractual terms and conditions are deemed to be a violation of public policy and are considered to "offend…. [read more]


Labor Law Specifically in Cases of Termination of the Employment Contract Research Proposal

… Termination of Employment Contract in Labor Law

In the United States and other OECD countries, employers are generally constrained by statutes to implement unjust dismissal of employees. However, in the United States, employers could terminate non-labor union members at will and without cost. There is no comprehensive labor law in all the 50 states in the United States. However, most states have protective legislation for employees and based on the protective legislation against unjust employee's termination, increasing number of employees have been involved in civil litigations where employees generally claim that they have terminated unjustly or wrongfully by their employers. Wrongful termination of contract employment has increased in number since 1980. Typically, employees have filed many cases against multinational corporations as well as small and…. [read more]


Contract Termination for Mistakes Essay

… Situations that bring about termination of contracts can be somewhat distant from the context that surrounds the business agreement. External forces can drive an incentive to terminate a contract. This is particularly true when some external situation has made it impossible for one or more of the parties to the contract to fulfill their obligation to the other parties of the contract ("The American Law Institute," 2007). Occasionally, one of the parties to the contract will take action or behave in a manner that signals that they will not meet the terms of the contract -- that, in fact, a breach of the contract is about to occur. When this situation arises, the party that was expecting the contract to be held may instead terminate…. [read more]


Principle of Contract Law Essay

… London Chronicle Ltd., dismissal can be justifiable if an employee does not follow contract terms. For example, the case of Pepper v Webb (1969) reveals a case where an employee was dismissed for failure to perform the contractual duties.

However, unfair dismissal may occur when en employer wrongful terminate an employee from a job. However, employee must establish that an employer has contravened number of statutory provision. However, a claim of unfair dismissal could be justifiable if applicant is an employee. (Taylor, and Emir, 2012).

4.2 Process of Termination by Mutual Agreement

There could also be a termination by mutual agreement when a contract ends between an employer and employee. For example, there could be a termination of mutual agreement when an employer only asks…. [read more]


Contract Is a Legally Enforceable Essay

… In most cases, the parties would not be before the court if they were so agreeable. The likelihood is strong that the parties' positions will be acrimonious and that there will be considerable disagreement, thus, an exhaustive investigation as to the intent of the parties becomes vitally important. What essentially occurs under such circumstances is that the court is forced into a situation where strict legal standards are abandoned and the court must return to making decisions based upon an equitable basis (Air Great Lakes Pty Ltd. v. KS Easter (Holdings) Pty Ltd., 1989). The Court's role at this point is to examine the surrounding circumstances under which the parties' agreement was formalized, review their intent, and rule accordingly.

Although intent is not necessarily a…. [read more]


Terms of a Contract Case Case Study

… CONTRACT FORMATION ISSUE -- HUNT V. MCLLORY

Case Background and Decision

Hunt owned and operated a farm. He borrowed $175,000 from Mcllory Bank and the two parties also discussed long-term financing for the farm. The discussions about long-term financing were oral and there were no specific terms ever agreed upon about the dollar amount, repayment terms, or interest rates. Hunt signed a promissory note for the loan and eventually defaulted on it. The bank foreclosed on the farm and other collateral for the loan. Hunt countersued arguing that the bank had breached the oral agreement to provide long-term financing to the farm. The court ruled that no contract for long-term financing had ever been created because the oral discussion did not create a contract since…. [read more]


Law of Contract Essay

… Consequently if one party to the contract has performed his obligations under the contract and other has yet to then in such a case a unilateral discharge is necessary and since there is no release by the non-performing party then such a discharge to be effective it must be under seal.

Upon the breach of contract by one party then the innocent party is entitled to the following remedies in law: treat the contract as being in existence and sue for damages for breach of warranty or treat the contract as discharged and sue for damages for breach of conditions.

Remedies for breach of contract

Upon the breach of contract by a party to the contract the innocent party is entitled to the following remedies…. [read more]


Breach of Contract Scenarios Extension Term Paper

… b.)

Issue: Whether Colossus committed the cause of action known as breach of contract where it declined to pay Dresdner Bank -- on behalf of Laura -- for one episode of Laura's acting services?

Rule: The elements of the cause of action known as breach of contract are a.) Offer, b.) Acceptance, and c.) Consideration.

Application: In this scenario a preexisting contract had been entered into by Colossus and Laura, and the specific terms of that contract obviously have ramifications on Laura's decision to amend the payment arrangement. Assuming that no caveats existed in the original contract which would preclude amendments of this nature, Laura's request to Randall -- who was acting on behalf of Colossus for the purpose of these negotiations -- constitutes a…. [read more]


Legume and Arrow Contract Order Case Study

… d.).

4. Rule (Statement of the Law): There are laws that apply to business deals and contracts because there are specific duties that both parties need to accomplish by their companies when they start a pact, and when this is not rewarded the regulations of a company and the government calls this a law as a "Breach of Contract." Depending on the particulars of a contract, a violation can transpire when a party, such as Arrow in this alleged suite has stopped working to complete the deal in harmony with the conditions of the conformity and does not aspire to carry out the contract at all like Arrow considers at this time because they think it is unjust and not right in their position. The…. [read more]


Breach of Contract Order Essay

… Therefore, if the court finds there should be consequences for Smith then they may also be able to penalize him with damages, as well, and after reevaluating the amount of damages payable to X University, the only amount that should be paid if any to X University is that they find another coach, but legally Smith will only have to compensate for what would have happened if he would have been able to get out of the agreement which means that he will have to follow out the rest of his coaching year with X University which is known as a "expectation loss" ("Breach of contract," n.d.).

Since damages are not honored for non-economic failures, according to the Breach of Contract found online, like mental…. [read more]

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