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Contract Law Essay Examples

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Frustrated Contract - Contract Law Essay

937 words - 4 pages Critically evaluate the doctrine of frustration as a method of contractual discharge and consider whether it has a role to play in the modern law of contract. A contract may be discharged in the following ways; frustration, performance and breach. The doctrine of frustration covers situations where a contract is impossible to perform (for example; personal incapacity or supervening illegality). When a contract is frustrated it is automatically discharged at that moment. Although in these events a contract is not always frustrated, the event must not be the fault of either party or foreseeable. The Paradine v Jane (1647) rule, was before the doctrine of frustration, where there used to be VIEW DOCUMENT
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Contract Law Essay

531 words - 3 pages contract is the agreement entered into by two or more persons with the intention of creating a legal obligation or obligations. The validity of the contract of this nature can be ascertained by looking around the terms of the contract and the extent to which they are binding on the individual parties, the actual interpretation of the nature of the contract, whether it was a contract of sale or of exchange and the relative interpretations of similar cases in relent cases, law journals and statutes. From a general point of perspective, the contract can be regarded as valid since the agreement was verbally made and confirmed by the writing down of the general terms sealed by signatures of the VIEW DOCUMENT
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Contract Law Essay

1662 words - 7 pages CONTRACT LAW A contract is “a promise, or set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.”2 It is a mutually binding agreement. In order to form a contract there must be mutual assent such as a valid offer and acceptance between parties. The parties must have the legal capacity to enter a contract, and adequate consideration must exist. Furthermore, the subject matter of the contract must be legal. The general rule is that minors and insane persons cannot enter contracts. There are also occasions when intoxicated persons do not have the legal capacity to enter contracts. Consideration is defined as VIEW DOCUMENT
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Contract Law Essay

3702 words - 15 pages initialled. This step means all parties have physically acknowledged all documents that constitute the contract. It’s important to note, the person who actually signs each document must have the authority to do so. Sealing - Affixing a seal to the included documents once the contract is finalised is good practice, even though the Corporations Act has made this step generally unnecessary nowadays. Requirement of Writing Generally speaking contracts do not have to be in “writing”, however some types must be in writing or they will be void or unenforceable in a court of law. Domestic Building Contracts In the application of Domestic Building Contract the agreement must be VIEW DOCUMENT
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Contract Law Essay - 1074 words

1074 words - 5 pages The existence of contract law is to prevent any sort of illegal behaviour, injustice and to clarify any confusion or misunderstanding amongst the offerror and the offeree. Everybody in this world is an offeree as we all purchase goods and services to meet our personal needs and if our expectations are not met, there is a problem which is why the contract is created for both parties to follow. However, if either of them fails to do so, then they are in breach of contract and the aggrieved party has legal rights that they can try and enforce. A contract is formed when there is an offer or acceptance. In this assignment I have been given a case to resolve and advise the parties whether they VIEW DOCUMENT
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Contract Law Essay - 1324 words

1324 words - 6 pages hire a solicitor. The High Court- is the most senior of the first instance civil courts; it is split into three divisions that deal with different branches of civil law: the Queen’s Bench Division, the Chancery Division and the Family Division. The Queen’s Bench Division hears multi-track contract cases that involve large sums of money or complex points of law. It also deals with business matters such as insurance, banking and the meaning of commercial documents. Its Divisional Court also deals with civil appeals from the County Court. The Chancery Division deals with matters of equity, such as trusts, mortgages, partnerships, companies, bankruptcies and taxation. The Family VIEW DOCUMENT
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Law-Contract Essay

2477 words - 10 pages following reply to S: - “I like your offer but due to my present financial position will you accept a payment of $100 per month over a year?” This letter reached S on the morning of 4th June. That afternoon (4 June), P also changed his mind. At 3pm he posted the following letter to s: - “forget my last letter. I accept your offer and can pay immediately I receive the car. An hour after posting that letter, P received S’s second letter and S received P’s second letter the following morning. a) Is there a contract between S and P? If there is no contract then explains why there is no contract and if there’s a contract then explain why there’s a contract? ( 35marks) b) Explain the law in VIEW DOCUMENT
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Contract Law Essay - 2762 words

2762 words - 12 pages 1.0 Introduction Question stated that Billy saw a GEZZ watch and want to buy it. He walks in the shop and asked the shop owner is the watch made in Switzerland. The shop owner not sure but due to he wanted to sell the watch and told Billy it is made in Switzerland. Billy bought the watch and went home. He realized that the watch was actually made in China and he went back to the shop and wants a refund from the shop owner. However, the shop owner refused to pay back Billy. In this case it would be a voidable contract because the law allows that party to withdraw from the agreement if there is misrepresentation or fraud occurs in the contract. For example, Billy wanted to a refund VIEW DOCUMENT
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Law of Contract Essay

877 words - 4 pages A) Law of contract An agreement enforceable in law, a contract, needs to fulfill 4 elements: offer, acceptance, consideration and intention to be valid. It legally binds parties to act in accordance to the verbal or written terms stated in the contract. If there is a breach of contract, the innocent party can sue for damages or demand for specific performance to be done. a) Applicable law There are three categories of terms of contract: conditions, warranties and innominate terms. Classifications of these terms are imperative as consequence faced will vary from termination of contract and/or paying for damages. Condition terms are the fundamental terms of a contract, going to the VIEW DOCUMENT
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Law of Contract Essay

3717 words - 15 pages QUESTION 1 IF ONE OR BOTH PARTIES ENTER INTO A CONTRACT UNDER SOME MISUNDERSTANDING OR MISTAKEN ASSUMPTION, IN WHAT CIRCUMSTANCES WILL THE COURT INTERVENE TO HOLD THE CONTRACT VOID AND UNENFORCEABLE ON THE GROUNDS OF MISTAKE? In contract law, a mistake is an erroneous belief made by parties when contracting. Mistakes are not generally enforceable at the law court and are often treated as void or voidable. Mistakes are generally irrelevant, but exception to this places great emphasis on operative mistake which includes common mistake, mutual mistake and unilateral mistake. Mistakes or misunderstanding may render a contract void when the following are presents; * Mistake of the law; When VIEW DOCUMENT
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The Law Of Contract

1209 words - 5 pages Introduction The law of contract A contract intends to formalize an agreement between two or more parties, in relation to a particular subject. Contracts can cover an extremely broad range of matters, including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute, and ownership of intellectual property developed as part of a work for hire. Intention to create legal relations | | | plus | | | Agreement | | (i) Offer | | | plus | | | (ii) Acceptance | plus | | | Consideration (informal contracts) | | | Body Advise Sanjeev regarding the advertisement Sanjeev made an offer in the VIEW DOCUMENT
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Contract Law Problem Answer

3312 words - 14 pages always reach their intended recipient. Therefore, there should be consideration for the other party in the contract to promote a fair legal outcome and the postal acceptance ruleshould be abolished.BibliographyBooksDuke, A, Paterson, J and Robertson, A, Principles of Contract Law (Thomson Reuters, 3rd ed, 2009)CasesAdams v Lindsell (1818) 1 B & A 681Australian Woollen Mills Pty Ltd v Commonwealth (1954) 92 CLR 424Brinkibon Ltd v Stahag Stahl Und Stahlwarenhandelsgesellschaft mbH [1983] 2 AC 34Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256Dickinson v Dodds (1876) 2 Ch D 463Donoghue v Stevenson [1932] AC 562Felthouse v Bindley (1862) II CB (NS) 869Gibson v Manchester City Council VIEW DOCUMENT
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Government Contract Law

2002 words - 9 pages Code of Conduct Assessment April 24, 2016 LEG: 505 Government Contract Law Assignment 1 A company’s reputation is vital when it comes to creating a successful business, and the majority of business a company receives is based on how the company displays their ethics. It is one of the most important aspects of business, and determines the longevity of a business. When building a business, it is said that loyalty is key. If the customers or clients a company receives are extremely loyal, it is usually converted into free publicity. Many customers will continue to give their business to a company that they feel have strong ethical VIEW DOCUMENT
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Contract Law in 1700 and Today

963 words - 4 pages Running head: CONTRACT LAW IN 1700 AND TODAY Contract Law in 1700 and Today Jenna Doucet Meritus University Contract Law in 1700 and Today Today, for a contract to be legally binding it must satisfy six conditions; First, the law demands that both parties agree to the contract and give their mutual and non- coerced consent. Second is that the contract “consists of an offer and acceptance of that offer” (Wald, n.d, p. 1). The third condition is contractual capacity of the individuals’ involved whereas each party must not suffer mental illness or be a minor. The fourth condition is purpose; as such the contract must concern an agreed upon good or service. The fifth VIEW DOCUMENT
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Law Contract Case Study

1007 words - 5 pages Case 1 Issue This problem addresses the issue of agreement, whether there is a valid contract or the offer may be terminated. In order to the contract being valid and enforceable, there is a need for the conduct of an offer and an acceptance. Rule For an offer to be valid, it contains some rules, including lapse of time. When an offer is made, it does not last forever. An offer stated to open for a specific period, lapse if the there is no acceptance within that time. If there is no set time for acceptance is stipulated in the offer, the implication of lapse will be exercised after a reasonable time, depending on the facts and circumstances in each case. (see Ballas v Theophilos (No2 VIEW DOCUMENT
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Bus 311 Critical Analysis Paper Business Law I - Contract ( Apa, W Citations, References, & Abstract)

2580 words - 11 pages well show what is needed in a contract to be legally enforceable. I will discuss how a contract must contain the following six elements: an offer and acceptances, a mutual agreement, a consideration, a competent parties, and legality of purpose, and proper form. All of this will be discussed in depth in the following paper. Contracts Even though the operation of contracts, business law show how contracts may be classified in several ways depending on the manner in which they are created, expressed, or performed. These includes: either oral or written; it may be express or implied; and it may be formal or simple. I will use what I have learned in this course to show the true propose of VIEW DOCUMENT
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‘the Law of Contract Confines Itself to the Enforcement of Voluntarily Created Civil Obligations’-Illustrate and Explain

2709 words - 11 pages ‘The Law of Contract confines itself to the enforcement of voluntarily created civil obligations’-illustrate and explain. Rifatul Ahsan Yasdany ID: 102 0273 030 Law 200 Section-09 Date: 22-02-2013 Declaration i. The topic referred to in this assignment has not been submitted for another degree or qualification of this or any other University or other Educational Institution. And ii. The ownership of any Intellectual property rights, which may be described in this paper, is vested in the North South University, subject to any prior agreement to the contrary, and may not be made available for use by third parties without the written permissions of the University, which will VIEW DOCUMENT
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Contract Creation And Management

963 words - 4 pages Contract Creation and Management Assignment Paper George Van Hoosier LAW 531 June 26, 2012 Dr. Beverly Spencer Contract Creation and Management The scenario presented is on contractual conflicts. In summary, a software development company and a hotel company entered into a business partnership to develop an electronic reservation system for the hotel company. The groundwork of the plan changed and obfuscated what was expected by both parties. These changes were not communicated well enough, both internally and externally, to accommodate these changes (University of Phoenix, 2002). This case presented how a contract between parties was prepared, but what was required was VIEW DOCUMENT
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Critical Analysis

1042 words - 5 pages Critical Analysis BUS311: Business Law 1 July 25, 2011 The elements of an enforceable contract must contain six elements: offer and acceptance, mutual agreement, consideration, competent parties, legality of purpose, and proper form. Contracts may be classified in several ways, depending on the manner in which they are created, expressed, or performed. Thus a contract may be either oral or written; it may be express or implied; it may be formal or simple; and it may be entire or divisible (Liuzzo & Bonnice 2010). Considering the situation it will be determine what happens when a contractor breaches one or more of the six elements of the oral or written contract VIEW DOCUMENT
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Law and Ethics

564 words - 3 pages parties have expressly agreed on the terms. An implied contract is one in which the agreement is reached by the parties actions. The law permits quasi-contracts to be enforceable where one party suffers losses as a result of another party’s unjust enrichment. n  n  6-4 Valid versus Void Contracts n  When a contract has the necessary elements, it is said to be a valid contract. Void contracts are agreements that have not been formed in conformance with the law from the outset of the agreement and, thus, cannot be enforced by either party. n  6-5 Voidable versus Unenforceable Contracts n  An unenforceable contract is one that meets the elements required by law VIEW DOCUMENT
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Business Law

692 words - 3 pages Business Law Q.1. What is meant by discharge of contract? Discharge of 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: * Discharge by Performance * Discharge by Breach * Discharge by Agreement * Discharge by Frustration Q.2. Discuss the various ways by which the contract may be discharged, with special reference to the doctrine of frustration. A contract becomes discharged through performance where both parties have fully performed their contractual obligations VIEW DOCUMENT
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Buisness Law

645 words - 3 pages Business Law 1 Week 4 Seminar Questions Natasha Dunn, Forensic Investigation Q1) This issue is governed under the Law of Contract, under the formation of contract and the revocation of a contract specifically under contractual capacity. Contractual capacity states that young persons aged sixteen and seventeen have full legal capacity. This protects young persons against ‘prejudicial transactions’ until they turn 18 and any contracts like this can be put aside by the court. However, there are exceptions to the rule: if under 18 and running your own business; if ratified before turning 18; if age is misrepresented when entering contract. In this case, Jean is seventeen, running her VIEW DOCUMENT
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Bernsen vs Innovative Legal Marketing

1543 words - 7 pages Bernsen vs. Innovative Legal Marketing, LLC Final Project BUS 115 YMN1 Addie Stepp Hall Overview Actor Corbin Bernsen has filed a lawsuit against a Virginia Beach Company that has cancelled an agreement the two parties have made. Corbin Bernsen played Arnie Becker in the famous sitcom “L.A. Law”. Because of his acting success within the legal industry he was hired by Innovative Legal Marketing, LLC to perform some promotional work. However, Innovative Legal Marketing cancelled the one million dollar contract after one year due to the promotion only being successful in New York. The contract was supposed to be valid for five years. However, after the contract was cancelled VIEW DOCUMENT
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Paper Mill Scenario

357 words - 2 pages Paper Mill Scenario Natasha Miller Applied Business Law Everest University November 16, 2014 In this scenario, Delilah and I have an agency relationship. An agency relationship is where a principal engages an agent to carry out various duties on his or her behalf. This relationship involves delegating decision making powers to the agent by the principle; which means trust is a fundamental requirement for it to succeed. The agreement is that Delilah will negotiate the contract for wood pulp with the third parties. When determining the liability of the contracts made by the agent, the liability is based on whether or not the identity of the principal was made known to the third party VIEW DOCUMENT
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Business Law

2684 words - 11 pages and protect legal rights of the parties. Concept and Feature Liability for breach of contract means parties of contract violate the civil liabilities of contract. When parties of contract don’t perform the obligation of contract or not conform to the contract, they should bear their legal liability according to the contract content or contract law. Current Chinese contract law-CONRTACT LAW OF THE PEOPLE’S REPUBLIC OF CHINA gives expression of stability, stability, and expansibility. In the current contract law, liability for breach of contract only means the property liability which default party’s responsibility for observant party. It is separate civil liability from administrative VIEW DOCUMENT
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Law421Bigtimetoymakers

884 words - 4 pages does the statute of frauds play in this contract? Under the UCC, the statue of fraud applies to a contract for the sales of goods in excess of $500. The negotiations between BTT and Chou were indeed in excess of $500, so the statues of fraud would apply here. Under UCC laws, generally under common law contracts, the statue of fraud applies when a contract cannot be fulfilled within one year’s time. Under these stipulations, the statute would apply. However, there is one element required to meet this stipulation, and that is the signature of the party in the contract. While some courts have ruled that an email can pass as a signed writing if the name of the party is included at the end of VIEW DOCUMENT
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Valid Contract

1025 words - 5 pages this context. Concerns in doing business with different countries To start a business with different countries suppliers, Gloria needs to take a legal advice as different countries have different law structure and the laws of her country is not valid in their countries. Gloria also needs to study the market structure of the other country and their culture. She also needs to get a clear communication with the offering parties from different countries and assure that they are trust worthy (Zhu, Kraemer & Xu, 2006). Contract provisions to protect business Gloria needs to include the following contract provisions to protect her business from any future harm from this contract: * She VIEW DOCUMENT
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Formation of Contract Questions

976 words - 4 pages time it was created, but in an age of electronic communications it should be abolished.” Discuss. * With reference to the postal rule, critically assess the way in which literature and history can shed light on a principle of law. * The postal rule may have made a lot of sense at the time it was first articulated but it is not suited to modern forms of communication. Discuss. Intention to create legal relations * “The requirement that parties ‘intend to create legal relations’ is an outdated, unjust and unnecessary element of the law of contract formation.” Discuss. * Explain the test or tests that have been used to distinguish between: (1) an invitation to treat and an VIEW DOCUMENT
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Business Law

2030 words - 9 pages Crime as In Illegal Contract Contents Summary 3 Introduction 3 Illegal Contracts violating statute or common law 3 Agreement to commit a civil wrong or crime 3 Contract to commit corruption 4 Agreements promoting prostitution 4 Contracts obstructing administration of justice 4 Agreements prejudicial to safety of public 4 Manner of Performance of contract is unlawful 4 Void Agreements due to public policy 5 Effects of Illegality 5 Restitution 6 Severance 6 Conclusion 6 References 7 Summary There is zero tolerance in contract law towards illegal, criminal or unfair transaction, and towards such methods which threaten the freedom of consent. The common law VIEW DOCUMENT
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Business Law - 1022 words

1022 words - 5 pages 3.2 liter and the 3.9 liter engines and was now fitting cars with a 3.5 liter engine which has been newly designed. This is a mutual mistake of facts, which is very unfortunate since the customer does not get what he had wished to get, and the salesperson faces the risk of losing a sales deal. Rescission of the contract is only possible if both parties agree to the rescission. Harty can give an offer to rescind which must be accepted by the salesperson before they rescind the contract. But one party to the contract is not permitted by law to rescind the contract by simply giving a notice to the other party that he wants to do so. “A mutual mistake concerning a material fact entitles the VIEW DOCUMENT
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Elements of a Contract - Bus670 Legal Environment

2066 words - 9 pages Elements of a Contract Nicole Castro BUS670 Legal Environment Prof. Robert Tocker September 2, 2013 A contract of employment is a type of a contract used in labor law to attribute rights and responsibilities between parties to a contract (Blum, 2007). On the one end stands an "employee" who is "employed" by an "employer". A written employment contract is a document that someone and their employee sign which sets forth the terms and conditions of the employment relationship (Tepper, 2011). Many rules, exceptions and considerations apply when dealing with employment contracts. Suppose that the Fabulous Hotel hires you as head chef under a two-year employment contract VIEW DOCUMENT
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Essential Elements of Valid Contract

1145 words - 5 pages the offer is canceled automatically. If the offer fails to specify the form for acceptance (letter, telephone call, telegram or even performance), the offer may be accepted in any reasonable manner. Under the Statute of Frauds (below), offers and acceptances for real estate transactions must be in writing. Acceptance does not take place until the offeror is notified, which usually is by delivery of a signed accepted copy of the offer to the offeror. offer….acceptance – but not a contract yet Essential Elements of a Valid Contract The law of contract affects every single transaction between buyers and sellers. It is a legally binding relationship between two or more people that is VIEW DOCUMENT
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Contract Creation and Management

1240 words - 5 pages Ashanti Jai Law/531 March 1, 2010 Memo To: Span System Management From: Ashanti Jai Date: March 1, 2010 Subject: Contract Creation and Management Management: You all maybe aware by now that we are facing a few legal issues in regards to our contract with Citizens-Schwarz AG. The contract was not clear among both parties, and the final contract was shrouded in ambiguities. Clarity is most important when developing contracts, and is the hallmark of successful contracts. Careful review of a contract before signoff is vital to a successful business partnership. [ (University of Phoenix) ] One of C-S’s most influential negotiators Leon Ther, threatened the validity of our VIEW DOCUMENT
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Big Banks

1284 words - 6 pages , the most important thing I feel in developing contracts is communication. Listen to you client, listen and 2-Big Bank’s president also threatens legal action. What potential causes of action could you foresee him bringing in court? Would he be successful? Why or why not? Possible causes for Big Bank legal action: Misrepresentation “Data processing systems were the fastest around” “Systems Inc. never missed a deadline” When one party to a contract is not given full or accurate information by the other party about the contract subject matter, misrepresentation occurs. In the case of misrepresentation in the formation of a contract, the law allows a rescission of the contract. Rescission VIEW DOCUMENT
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Comercial Law Tutorial 3 Question 7

351 words - 2 pages Tutorial 3 question 7 The company was incorporated on 1st May. On 10th June the company commenced business whereby the company’s directors, on behalf of the company, purchased the shop from Jacob. Advise the directors the legal position of the company. In Malaysia the law allows a company to ratify a contract entered before its incorporation. Section 35(1) states that any contract entered into by a company prior to its formation or by any person on behalf of the company prior to its formation may be ratified by the company after its incorporation. In the case above, the contract between the company and Jacob may be ratified. Once the contract is ratified, it is binding on the company and VIEW DOCUMENT
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Recognizing Contract Risk and Opportunities

1442 words - 6 pages Recognizing Contract Risk and Opportunities LAW/531 Introduction Contracts are a binding, critical part of any business deal between two or more parties. Because of the binding promise between these parties it is important that the contract is clearly worded, negotiated if-need-be, and reviewed before they are signed by all applicable parties. Cheeseman (2010) stated “A contract is a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty” (Chpt 9, Para 2). The following Memo will identify the legal issues presented in the Contract Creation and Management Simulation as well as identify what a manager VIEW DOCUMENT
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edexcel assessment

2732 words - 11 pages offer and acceptance must conform to the rules down in the contract Law. Intention to create a legal relation This principle is considered to be the first and foremost principle of making a formal and valid contract between the two potential parties of a contract. Bothe the parties of the contract agreement should have a clear conscious intention to make valid contract with the other party of the contract agreement (Atiyah, 2000). Lawful consideration There must be a lawful consideration to the contract. The consideration upon which the two parties of the contract agreement agree to make a valid contract must be lawful and the violation of this principle may make a contract to be illegal VIEW DOCUMENT
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Basics of a Contract

1145 words - 5 pages A contract is an agreement that is enforceable by law. Modern business could not exist without such contracts. Most business transactions involve commitments to furnish goods, services, or real property; these commitments are usually in the form of contracts. Use of the contract in business affairs ensures, to some extent, the performance of an agreement, for a party that breaks a contract may be sued in court for the damages caused by the breach. Sometimes, however, a party that breaks a contract may be persuaded to make an out-of-court settlement, therefore saving the expense of legal proceedings. This paper is intended to explain the parts of a contract. A contract arises when an offer VIEW DOCUMENT
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Contract Creation

1021 words - 5 pages Contract Creation and Management Memo Span Systems is based in California and is a custom e-banking software development company that has entered into a $ 6million contract with Citizen Schwartz (C-S) to develop new banking software. A contract is defined as a promise for which the law gives a remedy. All parties must agree and understand the terms and conditions before a contract is signed. The companies are eight months into the contract and have experience poor performance, organizational changes, poor communication and reporting and lack of project structure. All of the previous listed items have the possibility of resulting in a breach of contract. This memo examines the legal risks VIEW DOCUMENT
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Business Essentials

533 words - 3 pages be valid, the parties involved must exchange something of value. Performance/Delivery is the action contemplated (by the contract) must be completed in order to be enforced. According to Jaceson Maughan, the four elements of a valid contract include: “At least two separate parties entering into an agreement. The parties are qualified to agree to the terms, and conditions in the contract. Both parties are receiving consideration, or value from the agreement. The contract is created for legal activities.” According to West’s Encyclopedia of American Law, the objective theory of contracts is “A principle in U.S. law that the existence of a contract is determined by legal significance of VIEW DOCUMENT
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Business Law - 1361 words

1361 words - 6 pages Finally, provide additional facts to your scenario that will show how the Statute of Frauds and Parole Evidence Rule under UCC Article 2 can come into play. Article 2 of the UCC governs sales contracts, or contracts for the sale of goods. The rule is that when a UCC provision addresses a certain issue, the UCC governs; when the UCC is silent, the common law governs. Sales contracts are not governed exclusively by Article 2 of the UCC but are also governed by general contract law whenever it is relevant and has not been modified by the UCC. A sales contract is a contract for the sale of goods under which the ownership of goods is transferred from a seller to a buyer for a price. Article 2 VIEW DOCUMENT
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Week 5 Reflection

494 words - 2 pages Weekly Reflection – Common Contracts vs. UCC Article 2 Contracts are used on a daily basis. For example, agreeing to terms and conditions to download an app on a mobile device occurs daily and is considered a contract.  It is important to read and know what one is agreeing too; in this case apps are able to retrieve personal data from the authorized device. Both parties need to be in agreement with the terms of the contract in order for the contract to be made. If someone agrees and then adds to what was stated, it is not a valid contract (Melvin, 2011). The contract laws are governed by the common law and the Uniform Commercial Code known as the UCC. Common laws and the UCC are VIEW DOCUMENT
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Mediation in Business

1373 words - 6 pages Estate Law Guide, (267). Retrieved from http://search.proquest.com/docview/231706182?accountid=12085 Gilbert, Hugh A. et al. (1965). Article 2 – Sales. Albany Law Review, Vol. 29, Issue 2. Retrieved from http://www.heinonline.org.ezproxy.liberty.edu Tyler, R. J. (2002). Contract law principles. ASHRAE Journal, 44. Retrieved from http://search.proquest.com/docview/220454510?accountid=12085 VIEW DOCUMENT
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Creation of a Contract

2476 words - 10 pages by a court of law or equity . A simple and widely recognized definition of contract is provided by the Restatement (Second) of Contracts: “A contract is a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty.”3 An express contract is stated in oral or written words. Most personal and business contracts are express contracts. A contract that is oral or written is an express contract. Implied-in-fact contracts are implied from the conduct of the parties. A contract is a promise between two or more parties to do or refrain from doing an act, it creates obligations which are VIEW DOCUMENT
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Contract Creation

1282 words - 6 pages Running head: CONTRACT CREATION Contract Creation December 7, 2009 Christine Stevenson University of Phoenix Business Law LAW/531 Miriam Gold Contract Creation University of Phoenix’s Contract Creation and Management Simulation (2009) demonstrate a conflict between Span System, a software-developing business and Citizen-Schwartz AG (C-S), a German bank. Span and C-S’s conflict is over the companies differences on the quality and dates received of deliverables. In the past few months C-S’s deliveries have been late and the qualities have been inadequate with substantial bugs in the testing phase. C-S cannot afford to have delays, C-S is concerned that Span is VIEW DOCUMENT
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Contract Laws

998 words - 4 pages waste. He also should have called Dave to find out where his contract was before contacting Mike. Now that Peter has not used his best judgment the company has to be liable for the cleanup of a lake and possible other lawsuit brought against Mike for his carelessness. References Clarkson, K. W., Miller, R. L., & Cross, F. B. (2012) Business law: Text and cases: Legal, ​ethical, global, and corporate environment. 12th ed. Mason, OH: Thomson South- ​Western. 9780538470827 Corbin, A. (n.d.) Conditions in the law of contract. Faculty Scholarship Series. Paper 2851 Owen, D. (2007) The five elements of negligence. Hofstra Law Review. 35(4) 1671-1685. West's Encyclopedia of American Law. (2008) Water Pollution. The Gale Group, Inc. VIEW DOCUMENT
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Contract Risk and Opportunities

732 words - 3 pages they agreed to meet which can follow these basic steps to guide them: 1) Contract law in private enterprise 2) Sources of contract law 3) Contractual classifications 4) Contractual enforcement terminology 5) Contractual performance terminology 6) Breach of contract 7) Offer to contract 8) Acceptance of contract 9) Consideration 10) Capacity of parties to contract 11) Lawful purpose 12) Written contracts 13) Interpretation of contracts 14) Assignment of contracts 15) Contracts benefiting a third party 16) Performance of contracts 17) Discharge of contracts 18) Trends in contract law 19) Contractual ethics The two companies are in a difficult dispute due to poor VIEW DOCUMENT
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Essay

935 words - 4 pages mutual consent does the law consider a binding legal contract to have been formed. Performance of an act (unilateral contract) is a method of acceptance. Importantly, silence and ignorance of the offer are not included in acceptance. In this case, Leecher’s ignorance of the offer cannot be included in an acceptance so there is no contract between him and Darebin City Council. 3. Application (i) Wacko and Darebin contract: There was an offer made by Darebin Council and this offer was accepted by Wacko. Darebin city council’s offer is an offer to the whole world. The application of words using, along with the actions required, made a clear commitment to pay $5000 to anybody who VIEW DOCUMENT
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Explain the Ways in Which the Contract of Agency Maybe Terminated ?

1217 words - 5 pages factors which can influence and terminate contract of agency it depends on the legal contract and various clauses they have signed during the agreement. According to Scottish law if the contract which has been set up for indefinite time the notice for termination of agency to be given for first year should be 1 month for second year two months and for third year 3 months prior before the termination by any of agent or the principal. There are different ways in which contract of agency can be terminated 1)Act of parties 2)Operation of law 3)By agreement. Under act of parties there can be few scenario's one is revocation by principal in which the principal no longer wants the agent to work or act VIEW DOCUMENT
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practice of engineering

1058 words - 5 pages A.)List and briefly discuss how any three (3) areas of the law impacts the practice of Engineering: i. Health and safety legislation- OSHA ii. The integrity legistation iii. The Companies Act iv. The law of contract in respect of contracts of employment or labour contracts Health and safety legislation- OSHA The Occupational Safety and Health (Amendment) Act 2006 hereinafter called OSHA, is a primary legislation governing health, safety and welfare at work. With regards to OSHA and the field of engineering, the both may be connected where in the workplace a potential OSHA violation needs to be validated or disputed. Many work related accidents occur during the construction VIEW DOCUMENT
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