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Gilbert's Summaries Contracts the Law Essay

… Gilbert's Summaries

Contracts

The law of contracts represents society's attempt to formalize promises between parties. Promises are agreements between parties that are supported by consideration. Historically, consideration was described as a benefit received by one promisor or as detriment incurred by the opposing promisor. Modern legal theorists, however, describe consideration as being equivalent to a bargain, that is, an exchange of promises where each party views what he is giving as the price for what he gets. There are some limitations on this approach so other legal experts view consideration as anything that makes a promise or contract enforceable.

Promises or consideration take on various forms. There are promises that are mutual, promises that are unilateral, and promises that are subject to further conditions. Regardless…. [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]


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context, an example of duress might include a seller putting undue pressure upon a buyer, saying "this offer will be withdrawn if you don't sign right now," or pressuring an employee to agree to work extra hours not stipulated in the original employment agreement with the implied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 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]


Law and Society the Nature Term Paper

… Same-sex adoption is a matter of civic and possibly constitutional but not criminal law.

Social Control and Social Change -- Abortion

Abortion is one of those issues that is clearly related to social control, but which is rarely framed that way. The presentation raises the important question of "Should a parent be able to force a child to have an abortion?" Yet the presentation did not present the converse question, which is just as important if not more so: "Should a parent be able to prevent a child from having an abortion?" The answer to the latter question is more important because some states do have restrictions on abortion; some teenagers need parental consent. If the parents are opposed to abortion, they are essentially forcing…. [read more]


Contract: Elance Has a Services Research Paper

… If an obligor or Provider indicates intentions to appoint another individual to perform his/her contractual duties, he should ensure that all parties in the contract are protected. This can be ensured through communicating the intentions to the Client and ensuring the assignee is competent to handle the Client's requirements in a timely and professional manner. During this process, the Provider must provide the Client's confidential information after receiving the Client's express written consent on a scenario-by-scenario basis. In addition, the assignee must be aware and comply with all regulations and laws that are applicable to the contractual duties.

In conclusion, Elance Services Agreement between Client and Provider is part of the company's Member Contract that comes to effect after the Client awards and the Provider…. [read more]


Procurement the Law Essay

… he FAR precludes agency acquisition regulations that unnecessarily repeat, paraphrase, or otherwise restate the FAR, limits agency acquisition regulations to those necessary to implement FAR policies and procedures within an agency, and provides for coordination, simplicity, and uniformity in the Federal acquisition process. It also provides for agency and public participation in developing the FAR and agency acquisition regulation.

Recommendations

It appears that the company should operate in a matter that should limit the exposure to these complicated and complex sets of regulations. A negotiated settlement appears to be the best position to take. If this position is unattainable it would be wise to argue from a contractual law standpoint and find errors and loopholes within the contract to exploit. This is not the preferred…. [read more]


Mistakes and Misrepresentations in Contracts Term Paper

… ¶ … Misrepresentations in contracts

An Examination of the Implications of Mistakes and Misrepresentations in Contracts

Generally speaking, a contract is an agreement that is enforceable through the courts. Clearly, in order for all of the parties to any given contract to achieve the desired goals of the agreement, everyone involved must be informed of the circumstances and facts surrounding the agreement, and it is important to capture all of the elements required for its execution when crafting the instrument. People - even lawyers - are only human, though, and intentional and unintentional mistakes and misrepresentations are sometimes made in contracts that can have profound implications for all of the parties involved. To gain a better understanding of what these implications might be, this paper…. [read more]


Contract Formalizes the Agreement Essay

… Creditor may reluctantly agree o settle due to his need for the money and his lacking time and expense to bring a lawsuit.

Undue influence is where one party is induced to enter a contract against his will due to persuasion on part of the other rather than duress. Common examples of these follow the death of an individual, when relatives feud over the will and inheritance.

There are two definers of undue inflection:

a. The persuasion is unfair and manipulative

b. The person practicing persuasion dominates / manipulates the other. Alternatively, the persuaded party erroneously believes that the other is looking out for his best interests.

In order to qualify as unfair persuasion, judges determines the mood and context of the contract: whether buyer…. [read more]


Contract Law in Modern Society Term Paper

… This is because these agreements are enforceable for a specific length of time. It is dependent upon both parties fulfilling their obligations. When this happens, it means that they are compelled to meet these conditions. For some people, this is challenging, with their lives are constantly changing. As a result, they need to consider the impact it will have on them and if this is something they are prepared to follow. (Easton, 2007) (Andrews, 2011) (McKendrick, 2012)

Identify ethical issues that exist in your example, if any. If your scenario did not present any ethical issues, provide support to indicate this.

In a life insurance contract there are several ethical issues. For instance, the insured is having their beneficiaries receive a monetary benefit when something…. [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]


Contracts: Offer and Acceptance Client Essay

… First party agrees to retain product within his supervision and vigilance throughout the period of trial. If any harm occurs to product that is not of First party's fault, First party is responsible for paying for replacement of product.

First Party may not make profit from product in any form or means. If second party discovers that such has been the case, First party may be summoned to law suit by second party or may be required to pay full price of product.

Second party is forbidden to place manipulation on first party to purchase product during trail period. Moreover, he may not charge first party for having used product during trial period once trial period passes and first party abstains from buying product. First…. [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]


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]


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]


Five Elements of a Contract Essay

… From the author's assertion above, the consideration should in this case originate from the promisor. Forms or examples of consideration include, but they are not limited to, goods, services, and money.

Capacity

Capacity according to Seaquist (2012) has got to do with the mental state of the contracting parties. In the words of the author, "a party who lacks capacity does not have the ability to understand the consequences of entering into a contract" (Seaquist 2012, p. 145). In this case, two things are often taken into consideration. These include mental competence and age. In that regard, therefore, parties entering into a contract as Miller and Jentz (2007) point out ought to have the contractual capacity to enter into the said contract. Those who do…. [read more]


Contract Law Under the UCC Term Paper

… References

Contracts I - Professor Rose 1999 at http://tufte.net/jerod/law/outlines/JT-Contracts.htm

Quasi-contract from Wikinfo, an Internet encyclopedia available at http://www.internet-encyclopedia.org/wiki.phtml?title=Quasi-contract

3. Under contract law, a contract comes into existence when there is an offer made and the offer is accepted. Furthermore, the offer has to be explicit and communicated to the offeree. Once the offeree accepts the offer, the contract becomes binding and is effective. In Morrison's case when Morrison decided to make an offer to Thoelke through a letter, his offer had been explicit and has been communicated to the offeree. Thoelke in turn receives the letter and communicates to Morrison of his acceptance of the price and terms quoted in the initial letter. The contract between Morrison and Thoelke becomes binding (No. 97: Irving Sonnenschein,…. [read more]


Contract Law Essay

… The Modern Law Review. ] [4: Nestle Co Ltd. [1960] AC 87] [5: Re McArdle (1951). ]

In the contract law, for an agreement to be enforceable, it must have an intention to be legally binding. This is used in a court of law to relay a courts opinion that the parties in agreement had the intention of using the legal system to strengthen their agreement. Despite the fact that courts do not wish to interfere with private issues by focusing on a person's subjective intentions, they generally advocate for legally enforceable agreements more so those commercial in nature. Rose & Frank Co v JR Crompton & Bros Ltd. [1924] UKHL 2 is a good example of the intention to create legal partnerships.[footnoteRef:6] In this…. [read more]


Contracts the Seattle Man Essay

… This is not the situation that occurred with the Harrier -- the company made an invitation to treat, but at no point did the company accept the offer from the plaintiff. The company rejected his offer and did not even provide him with the points needed to acquire the jet. Without the elements of a valid contract in place, the judge was right to reject the plaintiff's complaint.

Advertisements

Advertisements are not typically considered to be offers. They are considered in contract law to be invitations to treat. The advertisement is nothing more than a means of informing the consumer of a potential deal. A sale contract is formed when the consumer offers to purchase a good or service, and then the company accepts that…. [read more]


Contract Law Term Paper

… Contract Law in Norway

Norwegian contract law is considered a part of the Scandinavian legal family, a legal family that incorporates elements of both Anglo-American and continental legal theory. Unified codes regarding contracts have been enacted in Scandinavia since the end of the last century, such as the "Law of Contracts of 1918," although legal stipulations regarding contractual elements are not as specific as in the United States, and are left more open to judicial interpretations. Some legal scholars consider the entire Scandinavian legal systems as subgroup of continental law. Other scholars argue that it must be classified between the two systems. Regardless, justice towards all parties rather than the letter of the contract more important in the interpretations of the Scandinavian system. Like the…. [read more]


Contract Law Essay

… As such, the clause that limited Finney's liability to the purchase price of the seeds was not valid because a lot of time and money has to be invested to cultivate the seeds and if they're duds from the onset, that obviously cause a huge loss to Mitchell that he had no legal burden to foresee but Finney absolutely did.

As for the burdens of what is "unreasonable" and improper in a contract as far as the above goes, there are five major classifications of what can be stricken or invalidated in a contract, and those are misrepresentation, indemnity clauses, contractual liability, sale of goods and negligence. Negligence would include actions or inactions that end up causing death of injury. Misrepresentation would include if the…. [read more]


Contract Risks Thesis

… Contract Disputes and the Benefits of Keeping Up Negotiations

Contract negotiations are very tricky, and can become overly chaotic very quickly. Tensions can rise and things can go from bad to worse in a second, with increasing legal fees and financial instability. Thus, litigation may not be the best way to go for many parties within a given set of a variety of contracts. It can then sometimes be more mutually beneficial for both parties to merely adjust the terms of the contract and work within its guidelines to remedy specific points of conflicting interest within the context of the contract itself. This would then keep the validity of the relationship, allowing for the successful completion of the project and the awarding of the revenue…. [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 Is a Legal Document Essay

… If any of the parties that enter into the contract are not competent, the contract can be deemed null and void (Legal Elements of a Contract, n.d.).

Moreover, just as there are key items that make a contract enforceable, there are legal defenses that can be used to get out of a contract. Legally, a contract can be voided if all consenting parties communally agree to revoke the contract once the terms have been fulfilled. Additionally, a contract can be legally voided through lapse of time, destruction, and as stated above, incompetence and/or illegality.

Defenses to a contract can help to determine if a contract is void or if it can be voided. Defenses include incapacity, mistake, duress, undue influence, unconscionability, and fraud/misrepresentation. A contract…. [read more]


Contract Law -- Detrimental Reliance Essay

… However, in a situation where, as in this case, the other party relies on that promise to his or her detriment, the promise becomes enforceable. Because Kids Care took a specific course of action in reliance, on Gerard's promise, an enforceable contract was formed (Friedman, 2005; Halbert & Ingulli, 2008

The other potential issue pertains only to the reasonableness of the reliance (Friedman, 2005; Halbert & Ingulli, 2008). For example, if Gerard is an international superstar whose performance could reasonably have been expected to generate sufficient funds to expect that it would actually fund the construction a new facility, the contract would be enforceable. However, if Gerard is a local performer whose performance would be expected to generate only a few hundred dollars, the contract…. [read more]


Contract Law- Offer and Acceptance Term Paper

… The additional terms are to be considered as proposals for additions to the contract, unless they materially alter it, the original offeror already objected to the additional terms, or the offer expressly limited acceptance to the terms of the offer. Therefore, if Arden-Mayfair had previously indicated that it would not convey the property to Meister and Murphy if their wives did not also become owners, the contract would not be enforceable against Arden-Mayfair. In addition, if Arden-Mayfair placed a condition in its offer that expressly limited the terms of the offer, the changes by Meister's attorney would have prohibited contract formation. However, under UCC § 2-207(3), if the parties acted as if they had a valid contract, it would be enforceable against Arden-Mayfair, even if…. [read more]


Contract There Are Three Elements Essay

… Contract

There are three elements that are necessary for an effective offer. The first is that there must be a serious intention on the part of the individual making the offer towards purchasing the product or service in case the offer is accepted. There also needs to be an element of objectivity to the offer, something which goes hand in hand with the serious intention element.

The second necessary element is that the terms of the offer need to be reasonably definite, meaning that the terms of the contract, the rights and obligations of each party can be easily identified and recognized by those involved.

Finally, the offer and the main elements of the offer are to be communicated to the recipient, that is, to…. [read more]


Law Versus Justice Term Paper

… Law vs. Justice

Justice is defined (Dictionary.com 2005) as conformity to moral rightness in action or attitude, the upholding of what is just, especially fair treatment and due reward. Law, on the other hand, is a body of rules and principles governing the affairs of a community, the condition of social order and justice, created by adherence to a fixed legal system. Justice is an abstract and subjective concept, individualized by experience and circumstances (Harvard Business School 2005), and reflects differing values within a society. The concept of justice is based on a person's viewpoint, prejudice or social affiliation (Oliver Wendell Holmes). But for the proper functioning and stability of a society, a set of agreed rules called law must be observed.

Law is founded…. [read more]


Volition and Contract Law Research Paper

… Such a person is still under the jurisdiction and care of the guardian, and as such, they may not commit to any action or event that makes them liable for their personal actions. The legal writings refer to the persons under the age of eighteen as minors or infants. However, voluntariness is about a person of sound mind committing to a certain binding and does not specify the persons who can make volition. Therefore, in volition, the person under the accepted age in the country has the ability to choose, but they may not be liable for their personal choices fully. In such cases, the guardian of the young person could be responsible, or collaborate in the contract; especially if the partner was aware that…. [read more]


Contracts Law: Disney World Jurassic Capstone Project

… M. Wright about how to proceed will be stated.

An oral agreement is just as binding as a written agreement in a court of law. Watson had made an oral agreement to Watson, representative of Disney, to sell the lot for $100,000, therefore, this is a legal and binding agreement that would be upheld in a court of law. I.M. Wright would be advised to question Watson extensively about the agreement to ensure that there was an oral agreement on the sale and purchase of this lot between Mankin and Disney.

Question Seven

Disney wants to contract with Stephenson, Inc. To build an office building for Disney to use near the park site. . The building must be completed within six months or Disney will…. [read more]

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