Essays on Contract Law

Jim and Laura intend to buy a car, and upon visiting a dealer, they agree to give $100 deposit to hold the vehicle for a day. However, Jim and Laura later change their minds on purchasing the car upon which the dealer insists that the $100 deposit was meant to be part of the contract to purchase the car. The case raises important issues with regard to contract law. Therefore, before analyzing the facts of the case, it is essential to evaluate the various aspects that constitute a legally binding contract. An essential element of a legally binding contract ...

Introduction

Our company, here in referred to as Greene’s LLC, is suing Jennifer Lawson, a former employee for breaching a confidentiality agreement signed during the course of her employment and subsequently breached after being dismissed from the company. Jennifer Lawson has subsequently countersued Greene’s LLC for wrongful termination. The substance of the matter is that Jennifer Lawson was summarily dismissed from the company by the HR officer Lisa Peele. Lawson subsequently went on to seek employment from a competitor, Howell Jewelry World, a competitor to Greene’s LLC. The bone of contention for our company is that in ...

Introduction

The English contract law consists of a body of rules that control contacts in England, with its foundation based on the intense activities of the judiciary that took place in the industrial revolution. It is critical to mention that the law shares some of its core elements with the commonwealth countries such as Australia and Canada. However, the law had for long been undergoing influences of the European Union during the period that the UK has been a member until this year when it withdrew the membership of the European body. The English law perceives people who enter into ...

Business and Law

BUSINESS AND LAW Introduction The breaching of contracts and denial of human rights have risen over the past few years due to the lack of enough knowledge. The paper covers several cases whose judgment is based on the Australian common law and consumer acts in the IRAC format

Question 1

Issue: Does Brenda have an action against Steven for the breach of contract? Rule: According to the Australian contract law, an anticipatory breach of contract can occur from time to time. An anticipatory breach of contract refers to where one party informs the other that they will not deliver what was ...

The drafting of the valid agreement between the parties of the contractual relations is the key pillar for the maintenance of the credible business relations with the occurrence of the relevant rights and responsibilities between the participants of the contract. Based on the validity of the agreement, it is possible to prove the attitude of one party to the another one, interpret the scope of the rights and several other moments in terms of the contract law. With that, the validity of the agreement is grounded on some points based on which the findings regarding its force may be ...

Did Jim and Laura Buy a New Car

Business

Did Jim and Laura Buy a New Car The case recalls Jim and Laura as the complainants against Stan who is a car salesman claiming that the couple had entered into an agreement to purchase the 4-door blue Sedan by depositing $100. The facts of the case show that Jim and Laura visited the car dealership where Stan is an attending salesman who accommodated the former. Jim and Laura was interested about the blue 4-door sedan, and decided to give Stan $100 for the purpose of holding the unit for a ...

Contract of Sale of a Good and Legal Obligations of Concerned Parties

Introduction This research paper presents an analysis of a case study and is written to address breach of law of contract concerning sale of a good (bicycle) by a last year student named Jonas. He placed an advertisement in one of the sports magazine making an offer to the general public to sell his bicycle. Jonas was approached by two first year students named by Sarah and Saleh at different times on the same day. As this last year student was not aware about the telephonic message placed by Sarah, he sold the bicycle to another first year student ...

Essay

The Relevance of the Common Law to the New Zealand Legal System The legal system of New Zealand comprises legal principles obtained from the English 'common law', legislation or precedent which comes from the amassed and compiled court decisions or resolutions. Constitutional guidelines which are embedded in the common law involve specific civil rights, like the right to freedom of expression, including the Governor-General's specific powers and the majority rule in the parliament system (Gearey, Morrison, & Jago, 2013). Similar to England, the rule of parliamentary sovereignty is firmly institutionalized and Parliament in consequence has the authority to overrule or ...

Contract Law

“If you are an innocent party in a contract for an illegal purpose, should you be punished as well?” It is a difficult question. There could be one of two possibilities. First, that I know what am I dealing with. And second, I am not aware what the repercussions of the contract I am into are. But in ether of the cases, an illegal act is executed. And unfortunately, I am a part of the execution chain. This means that I must have known whether all the events following my dealings and also the end result are legal. But ...

In any event, a contract has implied and express terms. Express terms are easy to decipher, and they constitute the substantive part of the contract. Often, contracts impute binding obligations to the parties and violation of any term attracts liability. Implied terms of a contract operate in the underground. In an event of a claim of infringement, the court has to analyze both express and implied terms of the contract. Often, courts allocate liability depending on what term of the contract is in violation. In a practical scenario, some terms are more relevant than others. In the past, courts ...

An agreement enforceable by law is a contract. It is the voluntary arrangement between the two or more parties and is enforceable by law. It is essential for the formation of a contract that both parties must have the mutual assent. An oral contract also called the verbal contract because this contract is made by using the words of the mouth, however, in the written contract all the terms and conditions of the contract are available in written form and if a person signs in the written contract, then he will be bound by the terms of the contract ...

Issues

This case concerns the analysis of the validity of the offer and its acceptance under the terms and rules of the contract law made in different forms by virtue of the advertisements in the newspaper.

Contractual relations are comprised out of two primary pillars as the offer and acceptance. In fact, the one party to the contractual relations should provide the other one with the offer. In case the second party accepts this offer this implies that these people have entered into the legal and binding relations. Given the merits of the case, one may see that Philip plays ...

This discussion focuses on a difficult area of contract law: verbal contracts and agreements. Verbal contracts and agreements are notoriously difficult because they do not rely on anything written: they are entirely the product of spoken interactions, and thus, they are subject to the memory of the individual parties (Beale et al. 2010). In this hypothetical, Simon offers to pay each band member £250,000; ostensibly, this payment is not the issue that is contentious, as each band member did indeed receive this money after completing the concert. Although the case study is not clear, it seems that this ...

Legal Aspect of Responsible Leadership

The law of contract involves the legal policies that govern the agreement between two or more parties involved in a transaction of delivery of service or provision of goods, which is enforceable by law. Different contracts have varying terms and conditions depending on the sector involved and the intention of the contracting parties. The law of contract within the business sector is very clear because it is guided by the concept of essential elements of a valid contract. Any transaction that qualifies to be a legal contract between the parties should be enforceable by law and any violation of ...

Business 311 Final Essay

Business Introduction Joe started his demolition company without apparent papers to legitimize the business. However, Joe’s with an advice of a friend did not comply with the required papers for business proceeded with his first job. Apparently, a fatal mistake occurred were Joe demolished the wrong customer’s house, which puts him and his business in a legal conundrum. The discussion will examine the three legal problems that Joe is facing as a result of not having business legitimacy and wrong job done.

Joe’s business is primarily involved in a contractual job, which makes him a contractor ...

The 1979 Sale of Goods Act is the most comprehensive pieces of legislation on commercial law in the UK that governs, inter alia, contracts for the sale of goods, implied terms in sale of goods, rules governing the transfer and possession of property (goods) and also provides some of the remedies that purchasers (buyers) may have against sellers for defects in goods or otherwise (Dobson, Dobson & Stokes 2012, p. 10). This Act thus ensures the effectiveness of the legal relationship between businesses and customers, for it contains rules and regulations that seek to protect the rights of buyers and ...

Business E-Commerce Cases

Business E-Commerce Cases The main issue that was being litigated in this case was whether the NFL, the NFL Teams, and the NFLP separate legal entities were capable of engaging in a contract, combination or conspiracy as defined by Section 1 of the Sherman Act? (Cheeseman, H.R., 2013). In order to understand the issue that the case outlined in the facts how Section 1 of the Sherman Act was approached by the United States Supreme Court. The United States Supreme Court ended up holding that the NFL, the individual tams, and the NFLP were separate entities capable of engaging ...

Grand Health Pharmaceuticals (GHP) Order 104BDK56392

Contract for distribution services On this day 10th of May 2015 Grand Health Pharmaceuticals (GHP) and (Name of Distributor) get into a business partnership which is bound by the following terms and conditions.

SCOPE OF CONTRACT SERVICES

The distributor will be expected to perform distribution to all the clients of the pharmaceuticals which ranges from clinics, hospitals, chemist and supermarkets.

Performance Goals and Services

The distributor is expected to make deliveries to various clients in time and sometimes these deliveries may offer special challenges. The distributor should be in a position to be efficient during emergencies. Once the goods have changed hands between the pharmaceutical and the ...

Univeristy

RE: Breaching of the Law of Contract FACTS Contract law differs from one to another country, and it has some difference in its enforcement, legality, and remedies for the contract breach. It is always recommendable to have a lawyer before entering into any contract because once the contract is made each party gets responsibilities to fulfill, failing to do can lead to legal consequences.

ISSUE

There was a contract between Joseph (Distributor of novelty supplies or seller) and Steve (Buyer of the candy) where the seller and buyer agreed that Joseph would supply 3000 miniature novelty candy bars at fifty ...

A contract can be defined as an agreement that is private and voluntary in nature that binds at least two parties. For instance, a car buyer could enter in an agreement with the seller to pay him the agreed amount of money over a given period while the seller delivers the car to the buyer. It can be viewed as a way of ensuring a promise is kept with the use of law which is aimed at protecting the consumer. Stakeholders in sports have the need to work based on contracts which bind these parties. Sports contracts are formed ...

Introduction to Travel and Tourism, Hospitality and the Judicial Process

1. A. In this case, Hanna can claim for the damages for the sufferings she met owing to the incompetency of the hotel. Hanna can claim for the compensatory damages, that will include the out-of-pocket medical expenses incurred, lost wages and damages for the mental and physical agony suffered. She is also eligible to claim for the damages due to loss of enjoyment in life, loss of consortium or companionship, inability to engage in sexual activities during the recovery period, loss of services that will include loss of aid, companionship and assistance of the parent or another person, etc. . ...

Introduction

There are several means of interpretation of the intention of the parties. Regardless the fact that there is a concept of freedom of expression belonging to the parties to agreement, sometimes the parties forget to include certain provisions and clauses. In this respect, the court is requested to consider the express and implied terms of the agreement for resolution conflict between the parties. This paper dwells on the consideration of tests developed by the case law for identification of the implied terms. At the same time, the notion of the implied terms is the controversial concept which is subject ...

Question 1

Sale of Woolen Wall Rug Sale by Sample Step 1 The first implied term that emerges from these set of facts regards sale by sample. Step 2 The premise of this transaction is a clear manifestation of sale by sample as well as description. Section 15 of the Sale of Goods Act 1895 (WA) stipulates that if a contract is entered into on the basis of the sample, first, the bulk or a great number of the goods must correspond with the features of the original sample. Secondly, the buyer must be given an ample opportunity to carry out ...

The International Management Group (IMG) is an organisation that is responsible for the identification, recruitment, and management of talent throughout the world. IMG has its headquarters in New York City. The company was established more than fifty years and it has grown to include branches in more than twenty-five countries. The Creative Artists Agency is an American talent organisation founded in 1975. Like the International Management Group, this organisation is responsible for the identification, recruitment, and management of talented people. The purpose of this paper is to investigate contract law in regards to the Creative Artists Agency and The ...

BUSINESS LAW QUESTIONS

Carlil v Carbolic Smoke Ball Company [1893] 1 QB 256; [1892] EWCA Civ 1 Carlil v Carbolic Smoke Ball Company is a leading case in Contract Law which discusses the salient elements of an offer, an invitation to treat and other relevant contractual concepts. The facts of this case are that Carbolic Smoke ball Company, while advertising the Carbolic Smoke Ball drug for influenza, advertised that; £100 would be rewarded to any person who contracted influenza having used the ball three times a day for two weeks. The Company added that £1000 was already deposited with Alliance Bank to ...

Legal research

Introduction Every business should abide by the business laws to remain competitive and relevant. Particularly, concepts surrounding the law of contracts, torts, and employment law guide most conflicts occurring in businesses today. However, businesses are faced with challenging situations that require precise understanding and interpretation of different commercial case laws and concepts. The lack of understanding of these basic concepts may cause businesses to suffer legal consequences arising from frequent litigations (Singh, 2007). The current paper analyses three events that happened at Wicked Theatres Group Ltd.’s theater. In doing so, the paper sheds light on the legal principles ...