Another situation related to contracts in the animated film is the duty of good faith of contracting parties and the implications of this duty on the status of the contracts and the respective obligations and liabilities of the parties. The legal issue in this situation is whether the contract is enforceable based on the good faith of the contracting parties and the implications on the obligations and liabilities of the parties. The rule provides that for a contract to become enforceable, which means that the parties are bound to comply with the terms, the parties to the contract should be in good faith.
Being in good faith means that the parties have the intention to fulfill the promises they gave and do so with fairness. If one of the parties is not in good faith, then the contract is non-enforceable. It imposes liability on the party in bad faith and defense or protection for the party in good faith. (Richards, 2007) The facts shows that during the engagement in the contract, Ursula intentionally included the fact the condition that Ariel had to make Eric fall in love with her and kiss her or she will die and become foam the morning after the price has wedded another woman.
Ursula also took Ariel’s voice to make this feat hard for her. Unknown to Ariel, Ursula intended to use the situation to take revenge on King Triton for banishing her from Atlantica by causing the death of his daughter. (Ashman et al. , 1989) The plaintiff, Ariel in this case, can argue that the contract with Ursula is unenforceable because from the start Ursula was in bad faith. This means that she did not intend to keep her end of the bargain in case Ariel succeeds since she wants to see Ariel die as a form of revenge against King Triton.
As such, Ariel has cause to claim good faith as defense from not complying with the terms. The defendant, Ursula the sea witch, can claim that Ariel was also in bad faith as expressed by her attempt to prevent the implementation of the conditions and show proof of her good faith. As such, Ariel accrues liability. The probable conclusion would be the declaration of unenforceability of the contract provided Ariel can prove Ursula’s bad faith. If so, then the contract becomes unenforceable and she can claim good faith as defense for not complying with the conditions.
Legal Issue 3: Void Contracts A third situation giving rise to a legal issue is the validity of contracts, especially the determination of void contracts, which has implications on the enforceability of the rights and obligations as well as accrual of liabilities of the parties. The legal issue in this situation is whether the contract between Ariel and Ursula is valid. Contracts are void contracts when this involve illegal activities or violate public policy.
An agreement involving objects or actions that are illegal or against public policy are void has the effect of reversion of the parties to their previous situation as if the contract never existed. The contract cannot be a basis of enforcing obligations. (Richards, 2007) The facts provide that one of the terms of the contract is for Ariel to gain the love of Eric or she will die on the morning when Eric weds another woman. This means that part of the condition is the trade of life for three days of having feet.
(Ashman et al. , 1989) The plaintiff, Ariel, can claim that the contract is void because this involves a condition against public policy. It is not acceptable for contracts to involve the exchange of life for another thing of value. The defendant, Ursula, could claim in defense that Ariel agreed to these conditions and in fact tried to fulfill the conditions. She could also claim that this condition was only an afterthought to motivate Ariel to use her feet to gain the man she loves.
The possible conclusion is for the declaration of the contract as void since the exchange of life, which is against public policy, was a positive condition during the formation of the contract. The effect is that Ariel does not have the obligation to comply with the conditions and Ursula cannot enforce the conditions. Conclusion Contracts are an important aspect or tool in business because these define the obligations and rights of the parties involved as well as the remedies and penalties in case any or both parties are unable to complete or fulfill their respective duties.
Business negotiations or deals conclude in contracts, on which the parties base their relative obligations and rights. The wide spread application and contracts is such that even animated films express the elements and dynamics of contracts. References Ashman, H. (Producer), Musker, J. , & Clements, R. (Directors). (1989). The little mermaid [Motion Picture]. Los Angeles, CA: Walt Disney Pictures. Richards, P. (2007). Law of contract (8th ed. ). Upper Saddle River, NJ: Pearson Education.