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 ide

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…… [Read More]

References

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

Entire Agreement (2013) Contract Standards. Retrieved from: http://www.contractstandards.com/contract-structure/general-provisions/entire-agreement

Glazov, J. (2009) Liquidated Damages In Construction Contracts Part 1 -- What Are Liquidated Damages And Why Have Them. Construction Law Today. Retrieved from:  http://www.constructionlawtoday.com/2009/04/liquidated-damages-in-construction-contracts-part-1-what-are-liquidated-damages-and-why-have-them/
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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…… [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…… [Read More]

References

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

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

Fitzpatrick, D. (2013). Unenforceable contracts: What to watch out for. Nolo. Retrieved:

 http://www.nolo.com/legal-encyclopedia/unenforceable-contracts-tips-33079.html
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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…… [Read More]

Works Cited:

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…… [Read More]

Works Cited

National Writer's Union. "Freelance Contributors Sue Boston Globe" June 12, 2000.

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

National Writer's Union. "Tasini et al. Vs. The New York Times et al. Complaint." 1993.

Full case available on the web at http://www.nwu.org/tvt/tvtcomp1.htm
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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…… [Read More]

Works Cited

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

Read This Before Entering Into A Contract Intoxicated. (2012). Laws.com Contract Law. Retrieved from:    http://contract-law.laws.com/consideration/intoxication   

Who Lacks the Capacity to Contract? (2011). NOLO Law for All. Retrieved from:    http://www.nolo.com/legal-encyclopedia/lack-capacity-to-contract-32647.html
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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…… [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…… [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…… [Read More]

References:

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

 http://nationalparalegal.edu/public_documents/courseware_asp_files/contracts/Consideration/AccordAndSatisfaction.asp 

Coyle, M. (2006, November 27). Damages in Contract Law. Retrieved June 19, 2012, from http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/Damages%20in%20Contract%20Law.htm

Paul, S. (n.d.). The Problem with Partnerships. Retrieved June 19, 2012, from http://www.legalzoom.com/business-law/corporate-law/problem-partnerships
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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…… [Read More]

References:

"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

Mack, D.J. (2011, October). Basics of U.S. Contract Law. Retrieved October 4, 2013, from http://www.ieee.org/membership_services/membership/discounts/us_contracts_basics.ppt

"Services Agreement between Client and Provider." (2010). Elance. Retrieved October 5, 2013,
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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…… [Read More]

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…… [Read More]

References

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.

Perillo, J.M. (2009). Calamari and Perillo's Hornbook on Contracts. Egan, MN: West Publishing.

Contract Law
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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. ithout 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…… [Read More]

Works Cited

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.

Balfour v. Balfour, 2 KB 571 (English Court of Appeal 1919).

Biotechnology Australia Pty Ltd. v. Pace, 15 NSWLR 130 (New South Wales Court of Appeal 1988).
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Contract Authorizations who and how

Words: 999 Length: 2 Pages Document Type: Essay Paper #: 36554849

authorized to enter into contracts on behalf of a business organization?

Corporations and Limited liability Companies (LLCs) are recognized as legal entities in their own right, this means they have their legal identity, and can enter intro contracts in their own right. However, while the corporation has its own identity, it is still reliant on officers or agents of the company make agreements on its behalf. This paper examines how may be determined who can enter into contracts on behalf of a business organisation, why those people can undertake that task, and how it should be documented.

In general terms, an individual should be authorised by a company before signing contracts on behalf of the company. The authorisation regarding who this will cover should be addressed within the bylaws of the company, the resolutions of the board of directors (Schultz, 2010). Where authorisations are laid down in the bylaws, altering…… [Read More]

References

Chirelstein, M. (2013) Concepts and Case Analysis in the Law of Contracts. Foundation Press.

Hillman, R. (2013) Principles of Contract Law. St. Paul: West Academic.

Raja, U., Johns, G. and Ntalianis, F. (2004) 'The impact of personality on psychological contracts', Academy of Management Journal, 47(3), pp. 350 -- 367.

Schultz, D. H. (2010) Who Can Sign Contracts for a Corporation? Available at: http://danashultz.com/blog/2010/06/28/who-can-sign-a-contract-for-a-corporation/.
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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. elations 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…… [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

C. Terrence. (2007). Understanding government contract law. New York: Management Concepts Publishing

F. Steven. (2011). Feldman and Keyes' government contracts in a nutshell, 5th (West Nutshell Series). Minnesota: West Publications
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Law of International Banking

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

Regulation of anks

anks 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. ank regulators traditionally focused on systemic risk in the banking sector while securities regulators traditionally focused on investor protection…… [Read More]

Bibliography

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:

Do Regulations and Ownership Affect Performance and Stability?" In Prudential Supervision: What Works and What Doesn't, ed. Frederic S. Mishkin. University of Chicago Press: Chicago, IL.

Boyd, J.H., Chun, C. And Smith, B.D. 1998. Moral Hazard Under Commercial and Universal Banking. Journal of Money, Credit, and Banking. 30: 426-468.
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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: ules 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…… [Read More]

References

Ahmadi, Maryam, and Leila Ahmadi. 'Intellectual Property Rights Of Nanobiotechnology In Trade Related Aspects Of Intellectual Property Rights Agreement (TRIPS)'. j bionanosci 6.1 (2012): 56-64. Web.

Bacc-ga.chambermaster.com,. 'News - Brazilian-American Chamber Of Commerce Of The Southeast (BACC-SE)'. N.p., 2015. Web. 3 Nov. 2015.

Bahmani-Oskooee, Mohsen, Hanafiah Harvey, and Scott W. Hegerty. 'Brazil -- "U.S. Commodity Trade And The J-Curve'. Applied Economics 46.1 (2013): 1-13. Web.

Berger, Klaus Peter. Private Dispute Resolution In International Business. The Hague: Kluwer Law International, 2006. Print.
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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…… [Read More]

References

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.

"Legal Elements of a Contract." (n.d.). Kansas State University. Retrieved from http://www.hfrr.k-state.edu/doc3109.ashx.

Legal Information Institute. (2002). U.C.C. -- Article 2 -- Sales (2002). Retrieved from: http://www.law.cornell.edu/ucc/2.
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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…… [Read More]

References

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

AT&T Mobility v. Concepcion, 563 U.S. ____ (2011).

Chirelstein, M.A. (2010). Concepts and Case Analysis in the Law of Contracts (5th ed.). New York, NY: Foundation Press.

Epstein, D.G., Markell, B.A., & Ponoroff, L. (2012). A Short & Happy Guide to Contracts. St. Paul, MN: Thomson Reuters.
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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…… [Read More]

References

Legal Dictionary a., (n.d.). Mistake of Fact legal definition of Mistake of Fact. Retrieved August 3, 2015, from  http://legal-dictionary.thefreedictionary.com/Mistake+of+Fact 

Legal Dictionary. b., (n.d.).Rescission of contract legal definition of Rescission of contract. Retrieved August 3, 2015, from http://legal-dictionary.thefreedictionary.com/Rescission+of+contractPaper Instructions Provided By Customers

Welcome -- Judicial Education Center. (n.d.). The Uniform Commercial Code (UCC) -- Judicial Education Center. Retrieved August 3, 2015, from  http://jec.unm.edu/education/online-training/contract-law-tutorial/the-uniform-commercial-code-ucc
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Elements of a Valid Enforceable Contract

Words: 1343 Length: 2 Pages Document Type: Essay Paper #: 18968911

Contract law exists to ensure that agreements between two or more parties are honored by every party. In this regard, contract law is based on the principle that agreements between two parties are legally enforceable since every part needs to honor his/her part of the deal. Despite the constant changes in contract laws because of the uniqueness of contractual situations, there are some basic elements that must exist for a contract to be established between the parties. The existence of these elements is usually used as the premise for addressing contractual issues that may arise between the parties during execution of the terms of the agreement. The use of these elements help in determining the existence of a valid contract, especially when issues emerge during the fulfillment of each party's obligations or when one party denies the existence of a contract with another.

One of the situations in this scenario…… [Read More]

References

FindLaw. (n.d.). What Contracts are Required to be in Writing? Retrieved February 28, 2017, from http://smallbusiness.findlaw.com/business-contracts-forms/what-contracts-are-required-to-be-in-writing.html

Walston-Dunham, B. (2012). Introduction to Law (6th ed.). New York, NY: Cengage Learning.
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An Option Contract Scenario

Words: 1398 Length: 2 Pages Document Type: Essay Paper #: 31945625

Contract Law

A written offer, which remained open for five days, was provided to sell B. Greenacre for $1,000 by A. On the eve of expiry of the offer, B obtained a report from the county recorder of deeds that he (the recorder) had obtained a deed of Greenacre from A to C. executed on that day. Following assumptions that the recorder was probably wrong, B notified A of acceptance of the written offer on the fifth day. While the information provided by the recorder was found to be erroneous, A denied the existence of a contract between him and B. This scenario has generated several concerns on whether A was right, especially if the report was reliable. Additionally, there are questions on whether the report may have been reliable despite being erroneous.

The above scenario is an example of a contract law issue and specifically deals with the issue…… [Read More]

References

Eisenberg, M.A. (2004, January 1). The Revocation of Offers. Wisconsin Law Review, 271-308. Retrieved from Berkeley Law Scholarship Repository website: http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1426&context=facpubs

Laurence, B. (n.d.). Contracts and Contract Law: Legal Contracts. Retrieved February 14, 2017, from http://www.nolo.com/legal-encyclopedia/contracts-101-make-legally-valid-30247-2.html
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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…… [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

The American Law Institute -- UCC 2007 Edition. Retrieved http://www.ali.org/index.cfm?fuseaction=publications.fpage & node_id=86&product_code=1UCCOTC07

Text of the Uniform Commercial Code (UCC) at the Legal Information Institute, Cornell University Law School. Retrieved http://www.law.cornell.edu/ucc/ucc.table.html
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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…… [Read More]

References

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.

Schwartz, D.S., (2010). Mandatory arbitration and fairness. 84 Notre Dame L. Rev. 1247.
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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…… [Read More]

References

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

Jennings, Marianne Moody. (2006). Business: Its Legal, Ethical, and Global Environment. Thompson Learning Co.

Marsh, P.D.V. (2001). Contract Negotiation Handbook. 3rd ed. Gower Publishing Company.
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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…… [Read More]

Works Cited:

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…… [Read More]

References:

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

Treitel, G.H. (2007). The Law of Contract. Sweet and Maxwell: United Kingdom.
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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…… [Read More]

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Contracts Chapter 1 Introduces the

Words: 2886 Length: 10 Pages Document Type: Essay Paper #: 40571875

All other issues are derived from this rule. Many of the modern contracts have express conditions, which are explicit contractual provisions that the parties need to abide by. The related elements that this incurs are detailed in the subchapter referring to express conditions. An interesting element of contract performances is those particular contracts that are divisible. In those cases, the parties' performance can be apportioned into pairs of matching or corresponding parts.

The part of this chapter discussing breaches of contracts starts with a classification of breaches into material and minor breaches, with each of the two being discussed in detail. Anticipatory breach is referred to and is defined and categorized in another part of the chapter.

Chapter 6 discusses general remedies for contracts and starts with basic measures that can be undertaken. The damage measures are described as being determined either based on the expectation of damages, or as…… [Read More]

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Contract-Capacity and Legality Tommy Mccartney

Words: 1211 Length: 4 Pages Document Type: Essay Paper #: 89750577

Some of the contracts which minors can't disaffirm include education loan contracts, insurance (health and life) contracts, armed forces enlistment contracts etc. Further, in some states, if a minor who seems (in terms of appearance) to be of majority age misrepresents his age at the time of entering into a contract with a competent party, such a minor is treated as an individual who has attained the majority age and in such a case, the minor may not be able to disaffirm the contract. In most cases, when a minor enters into a contract whereby he or she is provided with a necessity by a competent party, his or her right to disaffirm such a contract becomes limited. Though the minor may still disaffirm such a contract (technically speaking), he or she still remains liable for a significant value of the consideration. This exception is designed to ensure that minors…… [Read More]

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Laws and Wages Legislation and Wages An

Words: 1194 Length: 4 Pages Document Type: Essay Paper #: 90409740

Laws and Wages

Legislation and Wages: An Intricate Dance, but Who's Leading?

Government and employment have always had and will necessarily continue to have a complex and mutually influential relationship, not least in the area of wages. What people are able to earn has always been a pressing issue in any capitalist system, and can influence the formation and the actions of government in numerous direct and indirect ways. In the other direction, legislation enacted by the government can both directly impact employees' wages and have indirect impacts through the changing of burdens that employers must contend with in compensating employees and operating their businesses. This paper briefly examines the relationship between government and wages, and specifically between legislation and employers' abilities to pay wages and utilize wages as an effective workforce motivator and stabilizer. This examination shows that good intentions can sometimes have questionable results, even when the ethical…… [Read More]

References

Bernstein, D. (1993). The Davis-Bacon Act: Let's Bring Jim Crow to an End. Accessed 12 December 2012.  http://www.cato.org/pubs/briefs/bp-017.html 

Cornell. (2007). Lilly M. Ledbetter, Petitioner v The Goodyear Tire & Rubber Company. Accessed 12 December 2012. http://www.law.cornell.edu/supct/html/05-1074.ZD.html

US DOL. (2012). The McNamara-O'Hara Service Contract Act (SCA). Accessed 12 December 2012. http://www.dol.gov/compliance/laws/comp-sca.htm#.UMrWu3Pjmjc

US DOL. (2012a). Compliance Assistance - Wages and the Fair Labor Standards Act (FLSA). Accessed 12 December 2012.  http://www.dol.gov/whd/flsa/#.UMrWpXPjmjc
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Contract Proposal This Paragraph Serves as the

Words: 1789 Length: 6 Pages Document Type: Essay Paper #: 81942286

Contract Proposal

This paragraph serves as the introduction to this contract proposal report. The contract will be written from the government's perspective as far as the fencing project goes and will cover the seven main points asked for in the assignment parameters. In order, those parameters are the purpose of the federal program and the historical context therein. Second, the small business set-aside program (SBSP) will be evaluated based on eligibility to participate and other details. Third, the dollar threshold reserved for business contracts in this scenario will be described. Fourth, an analysis of the contract formats for government contracts will be evaluated to include universal and commercial formats. The format to be used for this situation will be described in this scenario, per the assignment parameters. Fifth, the purpose of source selection will be evaluated for the purposes of this plan. Sixth, the ranking of criteria for the evaluation…… [Read More]

References

DoD. (2013, August 18). United States Department of Defense (defense.gov). United States Department of Defense (defense.gov). Retrieved August 18, 2013, from  http://www.defense.gov/ 

E-Verify. (2013, August 18). USCIS - E-Verify. USCIS Home Page. Retrieved August

18, 2013, from http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b

9 ac89243c6a7543f6d1a/?vgnextoid=75bce2e261405110Vgn VCM100000
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Laws Governing Business Entities Laws Governing Business

Words: 1940 Length: 4 Pages Document Type: Essay Paper #: 34619310

Laws Governing Business Entities

Laws Governing Business Organizations

Every business organization in a developed market is governed by laws, which are rather closely monitored to ensure the good fairing of the organization in the business market. Such laws provide for the standard form of the generally established legal entities in the worldwide economy. Such defined entities include, partnerships (general and limited), Limited Liability Company, cooperatives among others. This document outlines such laws and consequently defines their importance in performance of any organization or company established in a stable and developed business economy.

Organization By-laws

laws of most companies and organizations are articulated as below. This list provided below generalizes what is common and basic to most of the organizations or rather legal entities.

Every business organization should specify its official name to ensure proper identification with the concerned legal authorities. Each company has its own specific name, which is considered…… [Read More]

References

Anders J. Persson. The Contract of Employment: Ethical Dimensions. Journal of Business Ethics, vol. 66, No. 4 (July, 2006), pp 407 -- 415.

Charles R. Geer. Counter cynical Hiring as a Staffing Strategy for Managerial and Professional Personnel: Some Considerations and Issues. The Academy of Management Review, Vol. 9, No. 2, (Apr., 1984), pp. 324 -- 330.

David E. Bowen, Gerald E. Ledford, Barry R. Nathan. Hiring for the organization not the job; The Executive, Vol. 5, No. 4 (November 1991), pp 35 -- 51.

Douglas Smith, Smith (1999). Company Law. United Kingdom: Taylor & Francis.
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Contract Issues in Proof of

Words: 2353 Length: 7 Pages Document Type: Essay Paper #: 84999897



Kidnapping, extortion and detention are real dangers for businesses that operate both overseas and in domestic markets. Top management of these firms often overlooks these things by saying that it will never happen to us. They seem to not understand how much damage it can do to a business. "With more than 1,000 annual kidnappings of business professionals and executives all around the world and number of terrorist's attacks, such policies is an absolute necessity in the eye of life and health insurance professionals who travels internationally" (Gordon, 2009). Kidnap and ansom insurance policies give a cushion to a business with regard to independent investigations, collaborations, arrangement and delivery of funds, and number of other services pivotal to a safe, speedy and satisfactory resolution. Any business of any size can be a target for extortion threats against them or their employees. People are inclined to think business extortion and kidnapping…… [Read More]

References

Eisenberg, Melvin a. (2002). Contracts. Chicago: Thompson.

Gilbert's Law Dictionary. (1997). Chicago: Harcourt Brace.

Gilroy, Tony and Hackford, Taylor. (2000). Proof of Life. United States: Castle Rock

Entertainment.
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Contract Procurement Noncomete and Nondisclosure

Words: 1160 Length: 4 Pages Document Type: Essay Paper #: 79280413

So, even though the scope of this clause is broad such that it encompasses disclosure to any person in perpetuity, a court of law will likely enforce it against Writer with an injunction and monetary damages.

D. GOVERNING LAW. It is intended by the Parties that this Agreement be valid and enforceable under the laws of the state of Texas and that the laws of this state shall govern this Agreement's interpretation.

*Note: The choice of law clause is very important because different states treat noncompetition agreements with varying degrees of acceptance. Since most films originate in California, it is likely that both the Company and Editor are California residents and it would probably make more sense to use California law; but California law is very strict on noncompetition agreements

. Therefore, since the film will be shot in Texas, it makes sense to choose Texas law instead.

E. ARBITRATION.…… [Read More]

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Contracting Officer Integrity in Business

Words: 587 Length: 2 Pages Document Type: Essay Paper #: 58948729

The government official has a legal as well as an ethical responsibility to put the interests of the public first, as a public servant. To fail to do so will result in greater cost to the taxpayer, and perhaps even an inferior product. This type of waste takes money away from other, more worthy public projects as well, including aid to the poor.

Government contracting officers have unique responsibilities and special, additional privileges as a result of their duties: "Of all government personnel, only a Contracting Officer has the authority to enter the government into a binding contract. He or she will be the one to sign the final contract agreement, and only a Contracting Officer has the power to change the terms of the contract" (Government contracting personnel: Understanding roles played, 2011, ONVIA). The contracting officer is thus acting on behalf of the entire government, and has unique powers…… [Read More]

References

Business ethics in government contracts. (2011). ONVIA. Retrieved

February 17, 2011 at http://www.onvia.com/b2g-resources/article/business-ethics-in-government-contracts

Government contracting personnel: Understanding roles played. (2011). ONVIA. Retrieved

February 17, 2011 at http://www.onvia.com/b2g-resources/article/government-contracting-personnel
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Law and the Legal Systems

Words: 804 Length: 3 Pages Document Type: Essay Paper #: 29918446



11. The issued rose in this case is unauthorized use of a company vehicle, which resulted in an accident. Prater was told to bring the truck home over the weekend to work on the body only. His boss never gave him permission to use the truck for any other purpose. Besides, the insurance on the truck would probably only pay for the accident if it occurred on company time. Prater could be charged for stealing the truck and unauthorized use. The ruling in this case should be for the plaintiff. Prater should have to pay for the accident and repairs to the truck.

Week 8

5. In this case, the city is still the rightful owner of the piece of restored artwork. It does not matter how long Hoeltzer had the artwork, it is still the property of the city. Therefore, the city has legal title to the artwork unless…… [Read More]

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Contract Formation Issue -- Hunt

Words: 615 Length: 2 Pages Document Type: Essay Paper #: 28411857

Accessed online from:

ttp://www.nytimes.com/2011/10/18/business/airlines-focus-rewards-on-tose-wo-pay-more.tml?_r=1&pagewanted=print

Recently, American commercial airlines ave begun canging teir frequent flyer programs to defray some of te increased costs of operations, largely because of ig fuel costs. In general, te frequent flyer programs are examples of marketing concepts designed to promote customer brand loyalty, in tis case, to particular airlines. Te idea is tat if airlines provide a benefit tat is valued by its customers for using teir product (airline fligts) repeatedly, customers are more likely to make te effort to continue using te same airline instead of coosing fligts by oter criteria, suc as convenience or even te bottom line. In principle, customers factor in te price and any inconvenience of using a specific airline as part of te benefits equation based on te value to te customer of te rewards furnised in return by te airline for customer loyalty. Usually, airlines issue free tickets for…… [Read More]

http://www.nytimes.com/2011/10/18/business/airlines-focus-rewards-on-those-who-pay-more.html?_r=1&pagewanted=print

Recently, American commercial airlines have begun changing their frequent flyer programs to defray some of the increased costs of operations, largely because of high fuel costs. In general, the frequent flyer programs are examples of marketing concepts designed to promote customer brand loyalty, in this case, to particular airlines. The idea is that if airlines provide a benefit that is valued by its customers for using their product (airline flights) repeatedly, customers are more likely to make the effort to continue using the same airline instead of choosing flights by other criteria, such as convenience or even the bottom line. In principle, customers factor in the price and any inconvenience of using a specific airline as part of the benefits equation based on the value to the customer of the rewards furnished in return by the airline for customer loyalty. Usually, airlines issue free tickets for flights and/or free upgrades based on the total number of eligible miles a customer flies with them.

Lately, the major carriers have begun reducing the availability of that perk by offering it based more on the amount of money spent by customers instead of strictly on the total number of miles they fly. The rationale is simply that revenue actually spent is a better measure of customer loyalty than miles flown. Frankly, it is surprising that airlines have taken so long to make this realization because it is common in other industries. Credit cards, for example, reward customers for how much they spend using their cards and not based on how many purchases they make. Likewise, Las Vegas hotels "comp" customers who spend a lot of money gambling and not based on how many nights they stay in their hotels.
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Laws and Marriage Legal Marriage

Words: 609 Length: 2 Pages Document Type: Essay Paper #: 26503070



Forms of marriage that should be legally banned

ay marriage violates the sacred texts, traditions, and beliefs among many religious organizations. For this reason, it must be banned. The American Baptist Churches, Association of Evangelicals, United Methodist Church, Presbyterian Church, and the Catholic Church have all opposed same sex marriage. If marriage is expanded to incorporate, gay couples may encourage religious organization to marry same sex couples and schools will teach kids that opposite sex marriage is same as same sex marriage.

Marriage of children or underage girls has been closely linked to the increase in the spread of HIV / AIDS. The trend of men marrying young girls has been a condoned social norm. Therefore, it must be declared illegal based on the promulgation of the 2012 Children's Welfare and Protection Act. Evidently, the practice should be banned because of the conflicts with the provisions of the constitutional clauses.…… [Read More]

Gay marriage violates the sacred texts, traditions, and beliefs among many religious organizations. For this reason, it must be banned. The American Baptist Churches, Association of Evangelicals, United Methodist Church, Presbyterian Church, and the Catholic Church have all opposed same sex marriage. If marriage is expanded to incorporate, gay couples may encourage religious organization to marry same sex couples and schools will teach kids that opposite sex marriage is same as same sex marriage.

Marriage of children or underage girls has been closely linked to the increase in the spread of HIV / AIDS. The trend of men marrying young girls has been a condoned social norm. Therefore, it must be declared illegal based on the promulgation of the 2012 Children's Welfare and Protection Act. Evidently, the practice should be banned because of the conflicts with the provisions of the constitutional clauses. Old men marrying young girls who have just entered puberty are not a customary marriage. Although this has often been done, it cannot be tolerated.

However, times are changing: the prevalence of HIV is rising day by day. This practice has made significant contributions to the spread of HIV. Girl Child Rights and public health advocates have emerged victorious in the abolition of this practice. Research studies revealed that adolescents are greatly exposed to the risk of HIV / AIDS because most of them face sexual violence, come from plural marriage, and cannot negotiate for safe sex. In this regard, because plural marriage is a catalyst for the spread of HIV / AIDS, it should also be legally banned. Girls who engage in such practices have demonstrated a high illiteracy level, low contact with peers and limited access to health and media messages.
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Default Dispute Termination of Contract Default and

Words: 1716 Length: 6 Pages Document Type: Essay Paper #: 36362944

Default Dispute Termination of Contract

Default and Dispute (contract law)

In government contracting, the government through a contracting officer who is the government agent enters into a legally binding agreement with a contractor. This contractor is a seller who is to deliver services and the government as the buyer pays for these services as agreed upon in the contract. However, situations arise where the agreements may be terminated in order to settle disputes that arise between the contracting agents and the contractor. Normally, the government may terminate the contract for default of the contractor or by convenience (Kathuria, 2009). Federal Acquisition egulations define termination for convenience as the exercise of the government's right to terminate a contract when it is in the government's interest

Termination for default

The government has a right to terminate a contract on a situation where the contractor does not meet the set contractual obligations (umbaugh,…… [Read More]

References

Kathuria, S. (2009). best practices for compliance with the new government contractor compliance and ethics rules under the federal acquisition regulation. Public Contract Law Journal.

Loulakis, M.C. (2003). Default Must Be Proven to Justify Termination. Civil Engineering (08857024), 73 (3), 96.

Nemet, G.F. (2010). Cost containment in climate policy and incentives for technology development. Climatic Change, 103 (3/4), 423-443. doi: 10.1007/s10584-009-9779-8

Robert, F. (2004). Construction law handbook. Gaithersburg [MD: Aspen Law & Business.
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Company Law the Functions of Company Law

Words: 2252 Length: 7 Pages Document Type: Essay Paper #: 58462306

Company Law

The functions of company law

What is covered in the company law?

The legal implications of 'pre-registration contracts'

The Australian corporate law has seen major reforms in the last couple of years (Tomasic, Bottomley & McQueen,2002). For instance, section 131 of the Corporations Act 2001 dealing with pre-registration contracts is no-longer necessary. This is clearly illustrated by the lack of reported cases since the introduction of provisions for pre-registration contracts into the legislation. The provisions may have been relevant, even important, in a time when there were no shelf companies and we did not have the technology we have today. As this is no-longer the case it is time we simply reverted back to the common law on pre-registration contracts. The common law would make it simpler for the promoter, the company and the third party when making contracts let alone on matters of contractual liability. The purpose…… [Read More]

References

Anderson C, Dickfos J, Nehme M, Hyland M, Dahdal A,(2009) Corporations Law - Butterworths Focus Series, 3rd Edition Butterworths, Sydney 2009

Austin R.P. & Ramsay, I.,(2010) Ford's Principles of Corporations Law, Butterworths, Australia, 14th edition, 2010.

Baxt, R., and Fletcher, K.L., Fridman, S.,(2008) Corporations and Associations Cases and Materials on, Butterworths, Australia, 10th edition, 2008.

Boonzaier, MA (2010). Pre-incorporation contracts and the liability of the promoters. University of Pretoria.-
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Business Comparative Law and Business a Company

Words: 2004 Length: 8 Pages Document Type: Essay Paper #: 22198377

Business

Comparative Law and Business

A company has decided to expand its operations to another nation. The company is involved in information technology (IT) and is headquartered in Malaysia. The desire is to grow assets by beginning operations in Thailand. The fact that these are two separate countries makes the transition difficult, but it complicated by the fact that the two nations have different sets of laws which govern aspects of the transfer, and of the continuing operation of a Malaysian company in Thailand. Of primary concern is the contract law which exists in Thailand, and how those statutes direct a foreign company within Thai borders. It is the wish of the Malaysian company to maintain control in Malaysia not only for the company, but also for the settling of disputes. Since there are two different sets of laws that may govern a dispute, it is imperative that any potential…… [Read More]

References

X Arner, D.W., Booth, C.D., Lejot, P., & Hsu, P.F.C. (2007). Property rights, collateral creditor rights, and insolvency in East Asia. Texas International Law Journal, 42(3), 515-559.

CLW Malaysia. (2006). Laws of Malaysia: Contracts Act of 1950.

X Colon, R. (2011). Choice of law and Islamic finance. Texas International Law Journal, 46(2), 411-456.

X Davis, G.B., Ein-Dor, P., King, W.R., & Torkzadeh, R. (2006). IT offshoring: History, prospects and challenges. Journal of the Association for Information Systems, 7(11), 770-792.
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Acquisition Law

Words: 667 Length: 2 Pages Document Type: Essay Paper #: 7440148

Acquisition Law on the Motorways

According to the Uniform Commercial Code (UCC), the sales transaction of a $60,000 Corvette automobile is a valid agreement to contract based on the material term of the bargained for exchange, with definite terms of recovery where not fulfilled by both parties. Definition of the contract as 'formal' is assumed here, yet other negotiable instruments and letters of credit may be involved where the Buyer stipulates inclusion of a third party lender in support of payment on the contract to the Offeror in full. The unknown factor related to the third party terms and enforceability is included as mention, rather than rule due to omission.

The UCC stresses bilateral agreement over unilateral promise, delineated by "manner of acceptance," in that it states that "the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing…… [Read More]

References

Perillo, J.M. (2003). Contracts Hornbook, 5th Edition. Eagan, MN: West.

Perillo, J.M. And Bender, H.H. (2007) Calamari's Cases and Problems on Contracts CPC, 5th Edition. Eagan, MN: West.
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Paralegal Specialties International Law Paralegals in This

Words: 810 Length: 2 Pages Document Type: Essay Paper #: 23220141

Paralegal Specialties

International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms. Expertise in foreign languages is preferred.

Corporate law: Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" (Paralegals, 2009, BLS).

Criminal law: In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" (Paralegals, 2009, BLS). They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system.

Litigation: Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings. They…… [Read More]

References

Bevans. (2009). Tort law for paralegals. New York: Aspen

Paralegals. (2011). Bureau of Labor Statistics (BLS). Retrieved February 24, 2011 at http://www.bls.gov/oco/ocos114.htm
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Breach of Contract a Person Contracts to

Words: 742 Length: 3 Pages Document Type: Essay Paper #: 82854350

Breach of Contract

A person contracts to build an expensive wooden play set in a customer's back yard. The contract states that the fasteners to be used in the making of the set should be of a certain length and tested strength. Because the play set comes as a kit, the builder believes that they have the correct fasteners, and the set is assembled. However, the customer, who is a general contractor without the time to do the work himself, has specific knowledge of the types of fasteners he required, and realizes that those installed on the play set did not meet what he believed he had contracted for. It did not matter that the bolts included in the play set packaging were of a certain alloy, the consumer believed that they had a greater chance of failure due to the amount of stress the fasteners would incur as the…… [Read More]

References

Larson, A. (2010). Contract law -- An introduction. Retrieved from     http://www.expertlaw.com/library/business/contract_law.html    

Lemance, K. (2011). Substantial performance in contracts. Retrieved from http://www.legalmatch.com/law-library/article/substantial-performance-in- contracts.html
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Gilbert's Summaries Contracts the Law

Words: 5347 Length: 18 Pages Document Type: Essay Paper #: 78221030

Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.

The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…… [Read More]

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Misrepresentations in Contracts an Examination

Words: 1636 Length: 5 Pages Document Type: Essay Paper #: 792334

For instance, Eugene W. Massengale notes that "An attempt must be made to seek the resolution of any suspected mistakes as specifically as possible" (p. 83). This author also reports that if a party to a contract incurs additional costs or expenses as a result of the mistake, they may recover such costs or expenses as part of completing their obligations under such contract (p. 117).

Conclusion

The research showed that contracts are a special type of agreement between two or more parties that is enforceable in court. In order for a contract to be enforceable, though, the three key elements of consideration, capacity, and legality must be satisfied. To meet the legality element of this formula, a contract must be free of misrepresentations; however, mistakes can and are made all of the time in contracts and these can be remedied if all of the parties agree to it. In…… [Read More]

References

Ayres & Gertner Filling Gaps in Incomplete Contracts, supra note 8, at 97 in Katz, p. 1251.

Beatson, Jack E. And Daniel E. Friedmann (Eds.). 1997. Good Faith and Fault in Contract Law. Oxford: Clarendon Press.

Black's Law Dictionary. 1990. St. Paul, MN: West Publishing Co.

Buckley, F.H. (Ed.). 1999. The Fall and Rise of Freedom of Contract. Durham, NC: Duke University Press.
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Canadian Business and the Law Does Canada

Words: 2218 Length: 8 Pages Document Type: Essay Paper #: 25541670

Canadian Business and the Law

Does Canada have too much business law?

This is paper is based on the Canadian business law and all the information so mentioned are related to the book titled "Canadian Business and the Law" which is written by authors Dorothy DuPlessis, Steven Enman, Sally Gunz and Shannon O'Byrne. This text forms the single source of reference for this study.

Two topics will be discussed based on what this paper is about, and they will include; the most important aspects of the Canadian legal system for businesses operating there and secondly the relationship between business ethics and the law in business in the Canadian context.

Important aspects of the Canadian legal system for business

It is always an important topic when discussing about doing business in Canada; the legal system has a very huge impact on commerce in the country and generally it influences on how…… [Read More]

Work Cited

DuPlessis D., Enman S., Gunz S., O'Byrne S., (2011), Canadian Business and the Law, Nelson Education Ltd., pp 5-110
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Business a Contract Is a

Words: 703 Length: 2 Pages Document Type: Essay Paper #: 28187177

Due to the fact that Broadwalk books only sold five copies of the book within that time frame they feel that they should be able to return the other 95 copies. There reasoning is that if the books are unsold then they are unused, and within the stipulation of the contract they are within their rights to return them. If the court were to determine that the books in question were indeed all unused and Press Publishers would not take them back then they would be in violation of the contract.

Looking at this issue from the view of Press Publishers though, one gets a completely different picture. The contract states that Broadwalk Books can return any unused books within the six-month timeframe. Press Publishers is gong to argue that since twenty copies of the book were indeed damaged from sitting on the bookshelf and being used by patrons of…… [Read More]

References

Contracts. (n.d.). Retrieved May 19, 2010, from Web site:

http://www.pcusa.org/legal/contracts.htm

Contract Law. (2010). Retrieved May 19, 2010, from Free Advice Web site:

 http://law.freeadvice.com/general_practice/contract_law/breach_contract.htm
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Misrepresentation in a Contract

Words: 816 Length: 2 Pages Document Type: Essay Paper #: 40669966

Misrepresentation in a Contract

First, we must define misrepresentation and what it means under British law. Misrepresentation is a concept in contract law. This means a false statement presented as fact as made by one party to another party. This has the effect of fraudulently inducing the defrauded party into a contract. An example can be seen when under certain given circumstances, false promises or statements by a seller of goods with regard to the quality or nature of the product could constitute misrepresentation. When a finding of misrepresentation is rendered, this allows for remedy of rescission and possibly damages according to the type of misrepresentation involved.1 As we shall see, the case law provides great breadth for claims against misrepresentation in contracts and Kyle has a broad base for a claim.

Analysis

In such a situation, Kyle Jerome, would have a case. During negotiations, the Concert Hall manager, Liam,…… [Read More]

References

'Edgington v Fitzmaurice' (1885) 29 Ch D. 459 (e-lawresources.co.uk, 2011)
lawresources.co.uk/Edgington-v-Fitzmaurice.php> accessed 21 January 2012.

'False Statements-Misrepresentation at Law in England' (Gilham's Solicitors, 2008)

accessed 21 January 2012.
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Civil and Criminal Law Are

Words: 954 Length: 3 Pages Document Type: Essay Paper #: 6431401



Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer.

And consideration is some forebearance on the part of both sides to make a contract enforceable. For instance, a simple promise is not enforceable. However, when a grandfather promises to pay his grandson $5 for every 'A' in school, and the grandson agrees, there is an enforceable contract in that both sides are giving up something: The student is working hard for grades and gives up his right to slack off, and the grandfather is giving up $5.

Consideration usually cannot be nominal, in that you generally cannot have $1 consideration for sale of a house.

Many other rules apply to contract law, like mutual mistake, unilateral mistake, the mailbox rule that defines when offers and acceptance are valid through the mail, impossibility, frustration of…… [Read More]

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Origins and Characteristics of the Law and Legal Systems of the United States

Words: 2347 Length: 9 Pages Document Type: Essay Paper #: 70263546

Origins and Characteristics of the Law and Legal Systems in the U.S.

The Origins and Characteristics of the Law

and Legal Systems in the United States

The origins and characteristics of the law and legal systems of the United States

It is a commonplace observation to state that the Declaration of Independence and The Constitution of the U.S. are the origin of and provide the characteristics of the legal systems of the U.S. But in order to truly understand the ideas behind these landmark legal documents one must delve deeper into history. What of the texts that influenced America's Founding Fathers? Most may know that the Magna Charta, the English charter from the year 1215, was an influence. But the English weren't the only influential opinion-makers for revolutionary Americans. The Scottish and the French were too. The Scottish Declaration of Arbroath, for example, has been linked by scholars as an…… [Read More]

REFERENCES

1. The Inheritance of Rome, Chris Wickham, (Penguin Books Ltd. 2009)

2. John Adams, by David McCullough, (Simon & Schuster, 2001).

3. Inventing America, by Gary Wills, (1978)

4. The Scottish Invention of America, Democracy and Human Rights, by Robert Munro, et al. (2004, University Press of America.)