Contract Law Essays Examples

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Contracts Law

Words: 2081 Length: 8 Pages Document Type: Essay Paper #: 63457211

Contracts Law: Disney World Jurassic Park Amusement Ride

The first question at issue in this study has to do with the termination of an employee for poor sales performance who entered into a non-compete agreement with the company, specifically that of Disney. The employee, Simpson agreed that he would not directly or indirectly compete with Disney as an agent, employer, broker, or contractor for one year from the date of termination. Simpson has argued that he has a wife and three children and that the non-compete agreement should not apply as he has a right to earn a living and this includes anywhere in the United States. Three questions are posed: (1) Is the restriction likely to be found reasonable by a court of law? (2) Does the agreement restrain trade? (3) What change if any would you make to the restrictive wording above for the future?

In answer to this question it must be understood that a non-compete contractual agreement is binding in a court of law. Therefore, Simpson would be legally held to this agreement. A non-compete contract does not restrain trade but restrains the individual from competing directly or indirectly for an agreed upon period following termination…… [Read More]

Resources:
An Introduction To Corporate Regulation and Standardization (2013) Legal Practitioner. Retrieved from: http://legal.practitioner.com/regulation/standards_9_3_1.htm

Corbin, A. (1919) Conditions in the Law of Contract. Yale Law School. 1 Jan 1919. Retrieved from: http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=3855&context=fss_papers
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Contracts Law

Words: 1043 Length: 3 Pages Document Type: Essay Paper #: 12245150

Contracts Law

Case Study- Contracts Law

There were two offers. There is an offer is a meeting of the minds can be reached by the recipient of the offer accepting the terms of the offer. The first offer was by Galaxy Computer store and consisted of Galaxy placing an ad in the paper for Pentium 4 computers for $3,000. The second offer was by Gabrielle and consisted of her offering a her old computer as a trade-in, $1,000 down, and monthly payments in lieu of $3,000 in exchange for the computer. Because Gabrielle made a counter-offer to Galaxy's offer, there were two offers.

There was acceptance of the contract. Acceptance means that the party to whom the offer was directed consents to its terms and agrees to the formation of the contract. There was no acceptance by Gabrielle of Galaxy's offer of a computer in exchange for $3,000. Instead, Gabrielle made a counter-offer to Galaxy. Galaxy accepted the counter-offer by signing a contract with Gabrielle, in which it was provided that Galaxy would tender the computer in exchange for $1,000, Gabrielle's old computer as a trade-in, and Gabrielle's promise to make monthly payments on the balance. Therefore, while Gabrielle did…… [Read More]

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Contracts and Fraud Contracts Are One of

Words: 1110 Length: 3 Pages Document Type: Essay Paper #: 43899555

Contracts and Fraud

Contracts are one of the cornerstones of our modern legal system. They are necessary to conduct reliable economic transactions between individuals. When people make a formal agreement such as buying a car they must be assured that the requirements of both parties will be fulfilled: the seller will receive his or her money and the buyer will receive a vehicle. A critical component of contract law is the need for a contract that is not fraudulent in nature, since contracts depend upon a system of trust between both parties. "If fraud or misrepresentation occurred during the negotiation process, any resulting contract will probably be held unenforceable. The idea here is to encourage honest, good faith bargaining and transactions. Misrepresentations commonly occur when a party says something false (telling a potential buyer that a house is termite-free when it is not) or, in some other way, conceals or misrepresents a state of affairs (concealing evidence of structural damage in a house's foundation with paint or a particular placement of furniture)" (Fitzpatrick 2013).

Without fraud invalidating a contract, there would be a great incentive for people to conceal the truth about the full terms of a contract, to construct…… [Read More]

Works Cited:
Election of remedy. (2013). U.S. Legal. Retrieved:

 http://definitions.uslegal.com/e/election-of-remedy/ 
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Contract Theory Contract Theory Are

Words: 8091 Length: 25 Pages Document Type: Essay Paper #: 39430378

Because promises are usually kept, it is usually reasonable to rely on a promise, and promises are usually relied upon. (p. 1)

Despite its centrality to the human condition, the social practice of promising remains primitive and incomplete in comparison to other disciplines such as mathematics and linguistics (Mather, 1999). When it comes to the promises contained in contracts of any type, there are some general guidelines but these do not embrace all of the issues involved by any means. For example, "We have our basic rule, 'Keep your promises!,'" Mather advises, "But the practice of promising does not determine, in any precise way, what counts as a promise. It is generally agreed that one need not say "I promise" in order to make a promise, but we have no agreed-upon test specifying which kinds of words or actions constitute a promise and which do not. Nor does our promising practice include a set of rules determining what counts as an excuse or justification for breaking a promise" (pp. 1-2). With regard to the private law of contract, three crucial sources of normative standards should be emphasized to help understand why promises are made and contracts are created: (a) theories…… [Read More]

Resources:
Adams, J., & Brownsword, R. (1995). Key issues in contract. In D. Johnston & R. Zimmerman (Eds). Unjustified enrichment: Key issues in comparative perspective. Cambridge, UK: Cambridge University Press.

Beatson, J.E., & Friedmann, D.E. (eds.). 1997. Good faith and fault in contract law. Oxford: Clarendon Press.
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Contracts the Seattle Man Who in 1999

Words: 930 Length: 3 Pages Document Type: Essay Paper #: 55650646

Contracts

The Seattle man who in 1999 attempted to cash in points from a soft drink maker for a Harrier jet had his court case rejected because the advertisement concerning the jet was not considered to be a valid contract to which the company was bound. This calls into question the nature of contracts and advertisements. This paper will discuss contract law both in general terms and in terms of how it pertains to advertisements.

Nature of Contracts & Objective Theory of Contract

There are four elements of a valid contract: mutual consent ("meeting of the minds"), offer and acceptance, consideration, and good faith. In addition, the contract must be legal in order to be enforceable (Larson, 2003). The Harrier jet case fell apart on the issue of offer and acceptance as pertains to advertising, but there are other legal issues at work as well. One of these other issues is the objective theory of contract. The theory is a principle in law that "the existence of a contract is determined by the legal significance of the external acts of a party to a purported agreement, rather by the actual intent of the parties" (Farlex, 2011). The objective theory of…… [Read More]

Bibliography:
Farlex. (2011). Objective theory of a contract. Free Dictionary. Retrieved April 8, 2011 from  http://legal-dictionary.thefreedictionary.com/Objective+Theory+of+Contract 

Larson, A. (2003). Contract law -- an introduction. ExpertLaw. Retrieved April 8, 2011 from http://www.expertlaw.com/library/business/contract_law.html
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Contract Cases

Words: 690 Length: 2 Pages Document Type: Essay Paper #: 82026974

Contract Law: Contract Law

Marx et. al. v. The Globe Newspaper Co.

Full article available on the web at http://www.nwu.org/journ/glob0006.htm

The case -- article summary, facts, and overview

They want us to labor in "sweatshops in cyberspace," alleged Elizabeth Bunn of the Boston Globe.

Bunn was director of a writer union's Technical, Office and Professional Department and spoke regarding the 2000 dispute between freelance writers, illustrators, and photographers of the Boston Globe and the newspaper's editorial staff. The union representing the freelancers of the Globe began the court case of Marx et. al. v. The Globe Newspaper Co. In 2000. They filed a class action lawsuit on behalf of these one thousand freelancers.

The union sought an injunction in Massachusetts Superior Court against the Globe's unfair and deceptive trade and union negotiating practices regarding a contract between the freelancers and the newspaper. "The lawsuit was filed after the Globe attempted to coerce writers, illustrators and photographers into signing an unfair contract." The contract demanded that the newspaper retain all rights in all mediums "to all past, present, and future creative works by freelance contributors." The Globe informed freelancers that "they would never be hired again unless they agreed to the…… [Read More]

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Contract Modification -- the Situation Involves a

Words: 559 Length: 2 Pages Document Type: Essay Paper #: 72301047

Contract Modification -- The situation involves a buyer, Tabor, and a seller, Martin. The two enter into a contract to deliver 50 file cabinets at $40/cabinet in five equal installments, or 10 cabinets per delivery for $400. After two deliveries, Martin tells Tabor that inflation has caused costs to increase and he can only deliver the remaining 30 cabinets if Tabor pays $50. Tabor agrees in writing. Can Martin legally collect the additional fees? The answer is dependent upon the wording of the initial contract and whether Tabor's agreement in writing makes the agreement part of the contract or if Martin is in breach of the original contract and Tabor only agreed to the new price to ensure delivery of his needed items. If there are no price adjustments in the original contract, then Martin cannot legally force Tabor to pay anything more than the agreed upon price. If he does not, Tabor can sue Martin for breach of contract (Contract Obligations, 2010).

Part 2 -- Intoxication- Kira had several drinks one night and sold Charlotte a diamond necklace considerably under value. The next day, Kira offered the $100 she received back to Charlotte and asked for a return of…… [Read More]

References:
Contract Obligations. (2010). Legal Match. Retrieved from: http://www.legalmatch .com/law-library/article/contract-obligations.html

Introduction to Contracts and Consideration. (2012). National Paralegal College. Retrieved from: http://nationalparalegal.edu/public_documents / courseware_asp_files/contracts/Consideration/IntroductionAndConsideration.asp
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Law Business Case Brief Case

Words: 923 Length: 2 Pages Document Type: Essay Paper #: 92748676

It is merely a separate agreement between the assignor and assignee in which the assignor gives its rights under the contract to the assignee for good and valuable consideration. Since an assignment is not a modification to the original agreement, it does not need to be in writing and signed by the parties to the original agreement. However, if the terms of the original agreement are altered by the assignment, such as if Kethan's terms of employment changed (different salary, different working hours, different responsibilities) then the assignment could arguably be a modification of the original agreement. However, in this case nothing about Kethan's work environment changes.

Further, the court determined that due to Kentucky public policy and case precedent, noncompetition agreements are assignable because Kentucky public policy favors enforcement of noncompetition agreeements as long as they are reasonable. This policy is designed to protect businesses from unscrupulous employees who attempt to abuse their connections they gain as employees and take valuable business with them when they leave, which is exactly what Kethan did in this case when he went to work for FirstChoice. The court of appeals also used general contract law treatise's that note most contracts are generally…… [Read More]

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Contract Is A Set of Legally Enforceable

Words: 1246 Length: 5 Pages Document Type: Essay Paper #: 68024917

contract is "a set of legally enforceable promises," (p. 304). From this simple definition, it would seem that a verbal contract did indeed exist between the two parties in question. Jacob did tell Henry he would be receiving an extra week of vacation. The form of the contract might be verbal, and the contract might indeed by informal and simple. However, there is a legal contract in this case even if injustice cannot be established. The courts would unfortunately have a difficult time establishing willful breach, although it is possible that Henry would be able to secure his extra week of vacation.

There are four cornerstones of contract law. The four elements of contract include the agreement, the consideration, the contractual capacity, and the legal object (p. 304). The agreement is the offer, which in this case is Jacob's offer to grant Henry an extra week of vacation. This case illustrates a unilateral contract, in which Jacob is offering to give something to Henry. Henry's agreement is the acceptance of that offer: which is the extra week of vacation. In this case, there is a consideration -- a promise to do something for Henry. It is not as if Jacob…… [Read More]

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Law Terms

Words: 1333 Length: 4 Pages Document Type: Essay Paper #: 59211360

Promissory estoppel is a term in the common law doctrine that is used by courts to implement promises made and consequently relied upon. This law doctrine is usually used when there is no formal contract though the involved parties have acted as if there is such a contract. As courts dictates the terms of how these promises should be implemented, they use this doctrine to enforce contract on the agreement in the interest of fairness. Notably, this doctrine emerges when injustice can be prevented only by the enforcement of a promise that could be unenforceable due to lack of consideration. In most cases, promissory estoppels doctrine is applicable in the context of charitable donations.

When this law doctrine is used, the promisee's reliance is regarded as an adequate and independent basis with which the promise is enforced. As a result, the doctrine can be seen as a legal advice that forbids the promissor from rejecting the existence of a contract because of lack of consideration. One of the most common features of contracts that are enforced through the doctrine of promissory estoppel is that they normally lack the consideration piece ("What is Promissory Estoppel?" n.d.).

The doctrine of promissory estoppels…… [Read More]

Sources:
"Accord and Satisfaction." (n.d.). NPC. Retrieved from National Paralegal College website:

 http://nationalparalegal.edu/public_documents/courseware_asp_files/contracts/Consideration/AccordAndSatisfaction.asp 
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Contract Elance Has a Services Agreement Which

Words: 1788 Length: 5 Pages Document Type: Essay Paper #: 29438732

Contract:

Elance has a Services Agreement, which acts as part of company's Member Contract between Client and Provider. The agreement is considered effective after a client awards and provider accepts a job on the firm's website. In this case, the Member Contract is implemented once the client agrees to purchase and the provider agrees to deliver a job on the site. In order to ensure the suitability of the Member Contract, the Service Agreement is based on the company's conditions, terms, rules, guidelines, and policies that include the organization's terms of service. Notably, the client is responsible for managing, accepting, evaluating, and making payments for suitable Provider Services based on the Member Contract in an apt and professional way. One the contrary, the Provider is responsible for the quality and performance of Client Services based on the Member Contract in a professional and timely manner. This Services Agreement or Member Contract is an example of a contract that can be used in several scenarios.

Scenario for Using the Contract:

Generally, Elance Services Agreement is an example of a Service Contract in which the Client and Provider agrees to act in good faith through fair dealings that are carried out in…… [Read More]

Bibliography:
"Hypothetical Case Scenarios -- Procurement, Patient Choice and Competition Regulations."

(2013, May 20). Monitor. Retrieved October 4, 2013, from http://www.monitor-nhsft.gov.uk/sites/default/files/publications/ToPublishIllustrativeCaseStudies20May2013.pdf
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Contract Formalizes the Agreement Between Two Parties

Words: 1697 Length: 5 Pages Document Type: Essay Paper #: 93417493

contract formalizes the agreement between two parties regarding buying a certain item, entering into a certain service, or accepting a certain condition. Contracts cover a huge span of agreements 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.

For a contract to be enforceable, it must constitute six factors:

Mutual consent -- both seller and buyer must be in full and comprehensive agreement of what the one is selling and the other is receiving

Offer and acceptance -- these must be clearly spelled out and comprehended by both parties

Mutual consideration -- the item / service must be one of value and turn out to be so, too.

Performance or delivery -- both must be intact. There must be, in other words, no "beach of contract"

Good faith -- Contract must be honest

No violation of public policy -- contract smut be legal in all aspects. A contract, for instance, involving selling of drugs would be considered illegal (Larson (a), 2003)

there are oral as well as written contracts although these are more…… [Read More]

Resources:
Larson, A. (October, 2003) The Statute of Frauds and Contract Law. Expert Law.

http://www.expertlaw.com/library/business/statute_of_frauds.html

* Reality of Conset (Chap. 13)
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Contract Have Been Well Established Over the

Words: 735 Length: 2 Pages Document Type: Essay Paper #: 25589450

contract have been well established over the course of time and have remained constant during that time. Traditionally, contracts have been defined as consisting of an offer and acceptance supported by consideration but there other elements that must accompany these basic elements in order for a contract to be formed and enforceable (Perillo, 2009).

In contractual parlance, an offer is the manifestation of a party to enter into a bargain so that another party develops an understanding that his assent is being invited. Such action is the initial step in the formation of a contract and no other element can be satisfied until an offer is made. The second step in the formation of a contract is the manifestation of the acceptance. Acceptance can be relayed in any manner sufficient to advise the maker of the offer that he assents to the terms of the offer. Any attempt by the accepting party, however, to change the terms of the offer is not an acceptance, but rather, either becomes a rejection or a counteroffer which may or may not be accepted by the original individual making the offer.

The other traditional element of contract formation is consideration. Consideration is either a…… [Read More]

Works Cited:
Badawi, A.B. (2010). Harm, Ambiguity, and the Regulation of Illegal Contracts. George Mason Law Review, 483-531.

Harris, D. And David Campbell, Roger Halson. (2006). Remedies in Contract and Tort. Oxford, UK: Cambridge University Press.
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Contract Is a Legally Enforceable Promise That

Words: 2214 Length: 7 Pages Document Type: Essay Paper #: 33709781

contract is a legally enforceable promise that allows commerce to flow smoothly throughout society. Without contracts, businesses and consumers would be embroiled in constant disputes with potential for fraud and frequent misunderstandings but the fact that contracts are available does not eliminate disputes and resulting litigation. The courts are full of cases involving transactions between parties that have been formalized by the existence of a contract but the existence of a contract, or what the parties believed was a contract, does not ensure that matters will progress without problems.

Although contracts are in their simplest form promises there are elements that must be contained in contracts that distinguish them from simple promises. All contracts must contain: 1) an offer; 2) an acceptance; and 3) consideration. In a perfect world, every contract would have clearly identifiable offer, acceptance and consideration but in reality this is not always possible and the terms are subject to interpretation.

The requirement that all contracts must contain an offer and an acceptance implies that both parties to a potential contract have the intent to enter into an agreement and that both parties are doing so voluntarily. Unfortunately, the intent of the parties and the voluntary nature…… [Read More]

Sources:
Air Great Lakes Pty Ltd. v. KS Easter (Holdings) Pty Ltd., 2 NSWLR 309 (Supreme Court of New South Wales 1989).

American Law Institute. (1981). Restatement (Second) of Contracts. Philadelphia: American Law Institute.
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Contracts and Performance-Based Acquisition a Contract Is

Words: 1554 Length: 5 Pages Document Type: Essay Paper #: 35279465

Contracts and Performance-Based Acquisition

A contract is a planned and legal agreement made between two or more parties with intent. It could be oral or written and may involve business individuals, employers and employees, or tenants and land lords. Relations built through contracts emerge from offers given, reception, intentions, considerations and genuine consent, and legal agreement from which the contract began. Every person involved in a contract gains responsibilities and rights similar to those of other individuals in the contract. Legally, all parties benefit equally from the contract, meaning all members are entitled to equal rights whatsoever. While contracts remain enforceable whether they are spoken or written, a written contract ensures legal security to all parties involved. This is because a spoken contract will only depend on the loyalty of people involved but with not future reference whatsoever. A written contract on the other hand will have recorded details on the conditions and agreements, which can be useful for future reference at any given time (Steven 2011).

For a government employee receiving a proposal from a contractor to sell vehicles for security purposes, a written contract would be essential for future reference and recommendations. There are different types of contracts…… [Read More]

References:
CCH Incorporated. (2007). Government contracts reference book; New York: CCH Incorporated,

C. Ralph. (2012). Intellectual property in government contracts: 2012 statutory and regulatory supplement. New York: Wolters Kluwer Law & Business Publications
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Law of International Banking

Words: 6320 Length: 15 Pages Document Type: Essay Paper #: 44268359

Regulation of Banks

Banks are an important aspect of any modern economy. They provide financing for commercial businesses, access to payment systems and a variety of financial services for the economy as a whole. The integral role that banks play in the national economy is demonstrated by the need for and practice of banking regulation and as part of the lessons learnt from the recent global financial crisis, provides a government safety net to compensate depositors when banks fail thus providing depositor protection.[footnoteRef:1] One of the main reasons why banking regulation is vital is because of systemic risks; the risk that financial difficulties at one or more banks spill over to a large number of other banks or the financial system as a whole. Systemic risks were traditionally bank -- based. Bank regulators traditionally focused on systemic risk in the banking sector while securities regulators traditionally focused on investor protection and market practices however recent crisis shows that systemic risk can arise from a general drying up of liquidity in capital markets. Other goals of banking regulation are to ensure the stability and soundness of the financial system and the safeguard of confidence and trust. Economists tend to share a…… [Read More]

Resources:
Allen, F. And Douglas, G. 2000. Comparing Financial Systems. MIT Press: Cambridge. MA.

Barth, J.R.., Caprio, G. And Levine, R. 2001. "Banking Systems Around the Globe:
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Laws and International Trade

Words: 3140 Length: 10 Pages Document Type: Essay Paper #: 76863000

Intrenational Business

Governing Language

Governing Law and Forum Selection

Arbitration

Boilerplate Language in International Contracts

USA-Brazil Trade: Rules of Trade

Other Important Agreement and Laws Governing U.S. and Brazilian Trade

Comparison of Arbitration in South Carolina and Brazil

Conflicts arising out of contracts between international trading parties are on the increase with the rise and increase in international business and international trade. The courts that would hear and decide matters related to business conflicts between trading partners would look to the express terms of the contract as well as the applicable law within which the contracts have been formed and agreed upon by the two parties belonging to two different countries when one party considers the other party's actions to be a breach of the contract. The legal contract and the contents of the contract would be the basis on which courts would decide in arbitration cases and in cases of business dispute.

However given the context of international trade and the proliferation of bilateral as well as universal international trade and commerce laws and regulations, the arbitrators and the courts deciding on business conflicts would also consider and interpret international contracts and international trade laws along with bilateral trade…… [Read More]

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Basic Elements of a Contract

Words: 1084 Length: 3 Pages Document Type: Essay Paper #: 59240068

Contracts, Contract Law, And Society

Contract Law

Contracts are legally-binding agreements between two or more self-regulating parties for the purpose of furthering their commercial goals (Eisenberg, 1994). The elements of contracts, together with the laws that provide protections for the parties involved, are theoretically straightforward and appeal to common sense principles, but in practice the forging of contracts and their enforcement can at times be complex. The theories and principles that underlie contract law also remain somewhat controversial and refractory to unequivocal definitions (Schwartz & Scott, 2003). To gain a better understanding of why contracts are so important to society this essay will review the essential element of contracts and the theories supporting their use, from a social, economic, and legal perspective.

Elements of a Contract

The four basic elements of a contract are: (1) mutual assent, (2) consideration, (3) capacity, and (4) legality (Legal Information Institute, 2010). Mutual assent implies that both parties are consenting to enter into a contract voluntarily, but objective proof of mutual assent requires proof of an offer by one party and acceptance of that offer by the other party. An example would be sales contract by a tire dealer (promisor) to sell a set…… [Read More]

Works Cited:
Contractors State License Board. (2012). What should I look for in a contract and binding agreements? California Department of Consumer Affairs. Retrieved from:  http://www.cslb.ca.gov/consumers/hireacontractor/contractsandbindingagreements.asp .

Eisenberg, M.A. (1994). Expression rules in contract law and problems of offer and acceptance. California Law Review, 82(5), 1127-1180.
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Basic Elements of a Contract

Words: 1701 Length: 5 Pages Document Type: Essay Paper #: 88544214

Contract Law

For most of us living in Western societies contracts pervade most of our waking hours, yet how often do we really think about the countless transactions that we engage in every day? Buying a cappuccino at the corner Starbucks, streaming a video on Netflix, or coming home to a mortgaged house can involve countless contracts, both unstated and written. In fact, our ability to stream videos over the internet in our own home probably involves layers upon layers of contracts. Given the importance of contracts in our everyday lives, it should come as no surprise that volumes of statutes have been crafted at both the state and federal levels which attempt to define the legal parameters of exchange relationships. Contrary to expectations, however, some controversy remains due to opaque or contradictory judicial rulings (Chirelstein, 2010, p. 1). This report will examine the basic elements of contracts, the laws governing their use, and the impact of contracts on society.

The Elements of a Contract

A contract is a legally enforceable if it contains the following four elements: (1) mutual assent, (2) consideration, (3) capacity, and (4) legality (Legal Information Institute, 2010). When one party makes an offer of exchange…… [Read More]

References:
Arkansas Department of Health & Human Services v. Alhborn, 547 U.S. ____ (2006).

AT&T Mobility v. Concepcion, 563 U.S. ____ (2011).
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Case Law Error Analysis

Words: 1036 Length: 3 Pages Document Type: Essay Paper #: 66638866

Contract Law Mistakes Mutual Mistakes in Contract Law

Contract Law Mistakes

This paper will analyze a case that explores mistakes under contract law. Both of the parties will be investigated in this case. It will also study the concept of mutual mistake of fact, and whether rescission of the contract can be done.

Case Background

Supposing an individual, Josh Hartly wants to purchase a new automobile, and thus visits the local automobile dealer. During his negotiations with the salesperson, he states that he requires the 3.2 liter V-6 engine, not the 3.9 liter one, as he has doubts pertaining to the 3.9 liter engine's fuel economy. Josh then enters into a contract, and agrees to buy a car fitted with a 3.2 liter V-6 engine (Paper Instructions Provided by Customer). What neither the salesperson nor Josh was aware of was that the 3.2 liter and the 3.9 liter were no longer being manufactured; instead, the manufacturer was equipping new cars with a new 3.5 liter engine.

Analysis

Mistake of fact may be one of the factors that eliminates or reduces criminal culpability or civil liability. It holds no consequence if it doesn't stem from forgetfulness or unconscious ignorance. An individual…… [Read More]

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Lawful Ways to Terminate a Flawed Contract

Words: 1321 Length: 4 Pages Document Type: Essay Paper #: 9246640

Contract Dispute -- Car Sales

Contract Dispute

The purpose of this essay is to review the field of contract regulations and laws as they relate to the termination of a contract. The matter discussed in this paper has to do with a change in the manufacturing specifics of car models available for purchase. A customer did not want to buy a car with a 5.9 liter V8 engine as he desires to be more conservation with fuel than this model would permit. The customer requests a vehicle with a 3.2 liter engine, and the sales contract is written accordingly. After the fact, both the car dealer and the consumer learn that the car is no longer available with a 3.2 liter engine or a 3.9 liter engine. In fact, all of the engines currently being manufactured for this model of car are 3.5 liter in size. A number of contract termination scenarios that apply to this case are described, several of which show definitive promise for resolving this sales contract problem.

Introduction

In the course of doing business according to terms that are agreed to in a written contract or agreement, circumstances may change that alter the value of the…… [Read More]

References:
Macaulay, S., Braucher, J., Kidwell, J.A., and Whitford, W. (2010). Contracts: Law in Action I (3rd ed.). LexisNexis.

Research Guide and Introduction to the UCC from Duke University Law School Retreived http://www.law.duke.edu/lib/researchguides/pdf/ucc.pdf
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Contract Dispute Resolution Is Significant Because There

Words: 1090 Length: 3 Pages Document Type: Essay Paper #: 57125334

Contract dispute resolution is significant because there is always a chance there will be a problem with a contract at some point while it is in effect. At that time, there are both administrative and judicial processes that are available for disputing contract problems. These processes can be used to resolve problems with contracts in order to determine who is "right" and "wrong" when it comes to the dispute. By resolving the dispute carefully and properly, the rest of the contract can often remain in effect and part of the contract can simply be modified. If that does not work, it may be possible to nullify and void the contract in a way that is satisfactory to both parties, or to the party that was "in the right" in the dispute over terms and conditions contained within the contract. If one or both parties breaches a contract, it can become necessary for dispute resolution to take place in order to ensure that the parties are being treated fairly and that they are compensated accordingly for the performance they have provided under the provisions of the contract (Lynch, 2001; Schwartz, 2010).

Administrative processes for contract dispute resolution include alternative dispute resolution…… [Read More]

Sources:
ABA. (2011). What you need to know about dispute resolution: The guide to dispute resolution processes. American Bar Association. Retrieved from http://www.abanet.org/dispute/draftbrochure.pdf

Lynch, J. (2001). ADR and beyond: A systems approach to conflict management. Negotiation Journal, 17(3): 213.
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Law and Society

Words: 909 Length: 3 Pages Document Type: Essay Paper #: 64201739

Law and Society

The Nature of Law and Justice - Sadomasochism

Sadomasochism presents the complexities and nuances involved in the nature of law and justice. In its purest definition, socially and legally, sadomasochism is a consensual act. There may even be actual contracts involved. However, this presentation shows that just because there is consent to the act, doesn't mean that the dominant can get away with anything. In cases in which the submissive party does claim harm, and can substantiate those claims with evidence, the case may be relatively cut and dry. However, the submissive party may be getting harmed due to the presence of a mental illness that creates inhibition. Other intervening variables could impact the outcome of the case. Yet because of their consent it may be difficult to take legal action in some cases. Therefore, the sadomasochism presentation does a good job with revealing the complex nature of law and justice.

Criminal Law and its Administration -- Deviance

Deviance is a core concept in criminal law and its administration. The definition of crime is directly linked to what the society views to be normative vs. deviant behavior. Even seemingly straightforward issues like murder have gray areas: such…… [Read More]

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Contract Disputes and the Benefits

Words: 1159 Length: 4 Pages Document Type: Essay Paper #: 10549462

Thus, "Preserving the relationship with a business partner may be worth far more in the long run that the potential cost of trying to prove that your position on a contract clause is legally sustainable today," (University of Phoenix). This strategy can then be implemented in order to keep Scan and Citizen Schwartz both out of costly financial legal obligations.

Thus, a manager could attempt to work within the limitations of the contract to avoid even having to go to litigation within the constraints of contract disputes. With negotiation, rather than litigation, the manager can potentially succeed in minimizing liabilities and therefore financially benefit from the maintaining of the contract itself. The manager can then "Maintain the contract in being and accept its validity, but object to and seek to negotiate further within the contractual framework, the actions, proposals, or interpretations of the other," (Marsh 98). Now, this is not a viable measure in all cases. The particular elements of the Span System case with CS are determinate on the specific points of dispute. Thus, true negotiating can become an effective measure, by implementing more detailed improvements of the situation defined by the contract (Marsh 16). CS says Span Systems…… [Read More]

Resources:
University of Phoenix. "Legal Environment of Business." Simulation.

Jennings, Marianne Moody. (2006). Business: Its Legal, Ethical, and Global Environment. Thompson Learning Co.
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Contract Endzone Inc Has Sued

Words: 941 Length: 3 Pages Document Type: Essay Paper #: 42982436

Typically, a contract will be the written version of the agreement. An agreement without a contract is often not enforceable by law. The intent to create legal relations in this instance is clear on the part of EndZone, as per their email, but is not clear on the part of Maverick. The email iterates the consideration, timing and price contained within the agreement. However, EndZone would need to prove that Maverick has agreed to these terms. Maverick did not respond to the email, and only purchased $1,000 worth of goods over that time period. EndZone must provide a preponderance of evidence and it is unlikely that a sent email, unresponded to, and allegation of an oral agreement are unlikely to constitute that preponderance. Given that EndZone will be unable to demonstrate clear consideration in the form specific products and specific prices for those products, they will be unable to prove a contract, but rather only an agreement. The agreement would in theory be followed up with a contract that outlined the specifics, but this has not happened.

It could, however, be determined that there was a course of dealing established between the two parties wherein such a method of agreement…… [Read More]

References:
Uniform Commercial Code. Retrieved July 4, 2009 from http://www.law.cornell.edu/ucc/1/article1.htm
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Contract Is a Legal Document Where Two

Words: 744 Length: 2 Pages Document Type: Essay Paper #: 23643705

Contract is a legal document where two or more parties jointly agree that there will be a trade of goods and/or services through a unilateral or a bilateral exchange. An effective contract will be made up of six major elements that specify how goods and/or services will be exchanged, how the exchange will be compensated, and establish a timeframe for the exchange. It is suggested that a contract include details as to how any breach will be dealt with and include a clause that will detail how the contract can be terminated. An enforceable contract is made up of six elements and will also detail how and when a contract will be fulfilled or voided.

A contract is made up of six essential elements that include offer, acceptance, objection, mutuality of obligation, consideration, and competency. The first thing that must be accomplished in creating a contract is to define the offer; an offer will determine the contract's purpose and what goods and/or services are to be exchanged. The offer is defined as "an expression of willingness to contract on certain terms, made with the intention that [the terms] shall become binding as soon as it is accepted by the person…… [Read More]

Sources:
Breach of Contract: Defenses. (2010). Retrieved 8 February 2012, from  http://contracts.uslegal.com/breach-of-contract-defenses/ 

Legal Elements of a Contract. (n.d.). Retrieved 8 February 2012, from
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Contract There Are Three Elements

Words: 517 Length: 2 Pages Document Type: Essay Paper #: 66904060

Additionally, no terms of the contract can be changed, including in terms of new clauses being added.

3. A bilateral contract involves two parties that exchange a set of promises that determine the rights and obligations of each of the parties. As such, each of the parties will have a set of promises that they oblige to undertake if the contract is enforced. There are also returns for each of the parties in this type of contract.

A unilateral contract is the type of agreement where only one of the parties of the contract promises to fulfill a set of obligations to the other party. Beyond this, one of the main differences to a bilateral contract is that the acceptance does not need to necessarily be communicated to the offeror, but can rather be implied through the party completing the promise made in the agreement.

4. There are several rules that can be used. One is the precedence clause, whereby the court can understand which documents takes precedence over others. There is also the interpretation in favor of the contract rule, where the contract needs to be interpreted so as to make it operational. The words need to be understood…… [Read More]