Contract and Business Law

As there are different parts to “Clause 8” in the employment contract which Julia as an employee has signed with Calypso Private Limited, we shall examine four separate legal issues. The first legal issue is whether Calypso is able to enforce part (a) of Clause 8 which states that Julia shall not be directly or indirectly be engaged in any capacity (whether as an employee, consultant, or director) with any business that is selling all types of sports medication, anywhere … Continued

Contract Law – Paper

The existence of contract law is to prevent any sort of illegal behaviour, injustice and to clarify any confusion or misunderstanding amongst the offerror and the offeree. Everybody in this world is an offeree as we all purchase goods and services to meet our personal needs and if our expectations are not met, there is a problem which is why the contract is created for both parties to follow. However, if either of them fails to do so, then they … Continued

Business Law Contracts Essay

Harry (H) who is the father of James (J) is attempting to sue J for a breach in contract and is seeking damages of $30,000 which he believes is the outstanding amount that is owed to him by J. This case touches on the fundamental concepts of contract law where H can only claim damages if the formation of a valid contract between the two parties is evident via the elements of a contract, including intention, agreement, consideration, legal capacity, … Continued

Business law :Breach of Contract

What is a “Breach of Contract”? A business contract creates certain obligations that are to be fulfilled by the people or companies who entered into the agreement. In the eyes of the law, a party’s failure to fulfil an end of the bargain under a contract is known as a “breach” of the contract. Depending on the specifics of the contract, a breach can occur when a party fails to perform on time, does not perform in accordance with the … Continued

The Argument of Frustration in Contract Law

Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (1094a) 3 kinds of prestations in obligations: •To give ? real (there is some physical thing which may be the subject of possession, the delivery of which completely discharges the obligation) •To do •Not to dopersonal (non-fulfillment is resolved … Continued

Laws on Obligation and Contracts

Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care. (1094a) 3 kinds of prestations in obligations: •To give ? real (there is some physical thing which may be the subject of possession, the delivery of which completely discharges the obligation) •To do •Not to dopersonal (non-fulfillment is resolved … Continued

Contract law terms

Anything that takes away voluntariness is questionable, e. g. , duress, economic duress, fraud, coercion. People have right to breach. But must place other party in the same position for which they contracted, so must pay them damages. If legal remedy does not work and P is entitled to be placed into performance, then must order specific performance. Specific performance is not punishing. Contract law does not provide punitive damages Basic goal of damages – encourage contracting; don’t want unknown … Continued

Privity and Law of Contract

A contract is an agreement between two or more parties that creates an obligation to do or not to do something. The parties to the contract are under an obligation to perform the terms and conditions which are laid down in the contract. Thus a contract can give rights or impose obligations arising under the contract on the parties to the contract. Third parties cannot be under such an obligation to perform or demand performance under a contract. This is … Continued

Contract Law Assignment 3

* Explaining the law with respect to consumer protection * Analysing how consumers are protected in the event of a breach of contract for sale of goods * Describing remedies available for breach of contract * Analysing the remedies available to a business provider in the event of a breach of contract for the supply of goods or services Task 1. Heep Ltd want to leave some lorries for two weeks at micawbers garage, the following morning heep received a … Continued

Contract Law Exam Notes

Step 1. Determine whether the meaning of the representation is false or not – objective test Step 2. Three possibilities of a misrepresentation: 1) It is a term of the contract; 2) It constitutes a collateral contract; 3) Does not acquire contractual status at all. Step 3. Results: 1) Rescission of the contract; 2) Damages in tort (if the tort of deceit or the tort of negligence can be made out) Smith v Lane & House Property Corp This case … Continued

Meeting of the minds

1) A contract by definition is a form of agreement that binds two or more parties who can involve in a legal relationship and will be bound to perform according to the terms and conditions that are agreed upon in the contract. 2) The essential elements of a contract are: ?Agreement: it is determined by the regulations of offer and acceptance. It is the most essential element and the very first one. An agreement is made when the offerer proposes … Continued

Importance of Contract Law

Contract law serves as your protection in every legal agreement you make in life. Contract law makes these agreements “enforceable”, which usually means that it gives the party the power to compensate and obtain money damages caused by the other party due to a breach of contract. The contract itself creates an obligation or duties to do and rules to follow by both parties if either of the party fails to follow the agreement, remedies can be provided by law … Continued

Contract & Agency Law

Payment, similar to consideration, is one of the four elements of a contract. Consideration is something of value in a contract or agreement between two parties. Both parties must be providing something of value to the other party. It is an act or promise to do (or not to do) something in return for value and the value given is enforceable. All the law need is ‘valuable consideration’. For example, if Jack has offered to pay S$10 for a hammer … Continued

Contract Law and Business Law Quiz

1. The assent of parties to a contract must be voluntary. True False 2. Assent may only be demonstrated by words. True False 3. Assent may still be present even if a party entered into a contract based on mistake. True False 4. A fraudulent misrepresentation may be used to show that genuine assent was lacking in a parties’ contract. True False 5. Intentional misrepresentation is commonly referred to as “fraud. ” True False 6. In undue influence, the persuasion … Continued

Offer and acceptance

Identify the legal criteria for offer and acceptance in a valid contract A contract is defined as a legally binding agreement and are very important in business. This is because: * it is risky to enter into a business arrangement without some form of contract * this is because, in the event of something not going as planned, a business contract is your safety net * without a business contract that stipulates the procedures, policies and expectations of the concerned … Continued

Breach of contract

1. 0 Introduction Contract is a customary of procedures guiding the relationship, content and validity of an agreement between two or more people (such individuals, businesses or other association) concerning the sale of goods, provision of services or interchange of interests or ownership. The elements of contract which are the offer and acceptance needed to be fulfilled. It is essential to have an offer and this must be accepted to make an agreement. While this would in the first instance … Continued

Contract – Consideration

It is commonly accepted within the English Contract Law that the models of contractual fairness must exist in contractual disputes. Essential to these models is the doctrine of consideration and the principles that comes under the doctrine of consideration such as laws derived from both Williams v Roffey (1990) and Stilk v Myrick (1809). Starting with the development of the doctrine of consideration and the principles developed in Williams v Roffey and Stilk v Myrick, I will discuss why these … Continued

Law of contract

John, a homeowner, answers the telephone and listens to a solicitor make a five-minute sales pitch for Weed Gardening Services. John responds, “No, thank you,” and hangs up. Two days later, John returns home from work to find a crew gardening in his yard and a bill for $200 sitting on the porch. When John tells the Weed representative that he never asked for this service, Weed responds by saying, “It looks much better, doesn’t it? You got the service, … Continued

Common law

Introduction England’s contract law is consisted of several laws and they can not be written or at least explained in a student’s assignment, which is consisted of 1000 words. Despite that I will try to outline the main points of the contact law and explain briefly what each means. On the second point I will explain the little difference between the English contact law with the equivalent contract law of my home country which is Cyprus. I wrote “little differences … Continued

Liquidated damages

Contracts are the bloodline of business. Thus it is absolutely crucial that you understand what you are or your business is signing. We have looked at some common clauses found in contracts like restraint of trade clauses, exclusion clauses and liquidated damages clauses. In addition to these, there are many other common clauses and the purpose of this exercise is to highlight these clauses as well. If you do a simple search in the Internet you will realize that many … Continued

Victim Typologies

There are five types of victim typologies that Selin & Wolfgang offer. The list consists of Primary Victimization, Secondary Victimization, Tertiary Victimization, Mutual Victimization, and No Victimization. Below I will describe each in a detailed manner. I would like to start with Primary Victimization. That is described as a one person target. What that refers to is that it is personalized or an individual target. An individual will chose or “pick out” a specific person to victimize. In most situations … Continued

Improvements in Juvenile Justice

Let’s just face it; there is a great amount of room for improvement in the juvenile justice department. There will always be room for improvement and I don’t believe that anything can be exactly perfect but there are improvements that can always be made as we learn over time what works and what does not work. Also, I believe that there are further things that can be done to decrease crime rates among juveniles. Through learning about juvenile justice this … Continued

Self Concept in Criminal Justice

The “Self” concept is understanding your behavior and that of the offender. Ones self-concept is who a person is and what that person believes they are all about. The self-concept is a picture we have of ourselves about the kind of person we are. Ones self-concept is both the product and producer of your experiences. For instance, if you are capable of giving and receiving love, if you consider yourself a worthwhile person, if you are confident in your feelings … Continued

Imporance of Knowlege of the Law

This essay will discuss the law and the government’s present policies relating to the issue of children’s rights and protection. Aspects of the law, which are passed by Parliament as legislations then have to be interpreted by the Local Authorities so they can formulate policies for those who work with children young people and families. The Children Act 1989 and Every Child Matters are two of many policies which have been introduced. It will also look into how such regulations … Continued

The French and Austrian Civil Codes: A Comparison

The French and Austrian Civil Codes: A Comparison      In 1804, the French emperor Napoleon initiated a sweeping overhaul of the French legal system.  Up until that time, different provinces of France used different systems of law.  The north of France, for example, followed laws that dated back to the Middle Ages, while the south followed ancient Roman law.  The church governed many aspects of French legal life, as well, including the institution of marriage.  While the French revolution of … Continued

Informal Seminar Assessment B

Contract Law LA4001 In order to able to outline the contract law on capacity in the light of this statement basically means how does the contract is being issued to the lay people who has no or little knowledge about law and how does it seek to protect the interests of those making the contracts. Contracts are of course not only made between individual people. In many case one or both parties will actually be groups of people such as … Continued

Offer and acceptance

A contract intends to formalize an agreement of two or more parties, in relation to a particular subject. Contracts can cover an extremely broad range of matters including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute and ownership of intellectual property developed as part of work for hire. Essential Elements of a Contract * Clear certain and communicated agreement. Meaning that the parties are consensus ad … Continued

Breach of contract

The law of contracts forms a substantial part of our various relationships that can have some sort of influence over us on an almost daily basis – even when there is no physical contract in front of us we may still be privy to some sort of contractual obligation. Alternatively, if you’re a fan of social theorists such as Jean-Jacques Rousseau, you may argue that we’re also bound by ‘the social contract’, but we digress. Getting back to our original … Continued

Contract of Laws

The law of contract is the collection of legal rules which govern contracts. These rules, in turn, are part of the law of obligations, a subdivision of the law of property which is traditionally regarded as part of private law. Private law governs the persons (legal subject) in their personal or private capacity before the law in relation to other legal subjects. In other word, private law can be defined as balance and protect legitimate individual interests. Traditionally private law, … Continued

Breach of contract

Pharmaceutical Society of Great Britain v. Boots Cash Chemist Ltd. Facts of the case: Defendants charged under the Pharmacy and Poisons Act 1933 (U. K. ) which provided that it was unlawful to sell certain poisons unless such sale was supervised by a registered pharmacist. The defendant argued that in every case involving drugs, a pharmacist supervised the transaction at the cashier’s desk and was authorized to prevent a sale. Held: The display was only an invitation to treat. A … Continued