CONTRACT
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1.U2L1DB-describe one example of a type of contract that a person may be involved in at some point in their life
Poole, 2012 defines a contract as an agreement that involves two or more people. The process may comprise of an individual, partnership, government agencies, organisations or limited liability that protects it from any form of breach. The main fundamentals of a binding contract are; agreement; (ii) amongst competent parties; (iii) grounded upon the honest assent of the involved parties; (iv) reinforced by consideration; (v) formed for a legitimate objective; and (vi) as stipulated by the law.
There are many types of contacts, but I will discuss the bilateral contract that one must encounter
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It's assumed that the minors don’t have the ability to know about the consequences of some contracts. The court provides the children with the legal protection in case of a contract, but they are liable for contractual commitments: Taxes, necessaries, penalties, military and bank regulations (Gallagher, J., 1972). Example: Children may enter into contracts in a situation where they are required to buy goods and services, for instance, a laptop. The children will, therefore, be asked to sign a warranty contract. In the other scenario, children who engage in sporting activities, they sign contracts with their respective …show more content…
U2L4J-Explain three damages that a person can sue for if a contract is breached
When one party breaches the contract, the affected person or party can seek legal help. The three most basic damages are; compensatory damages, they are monetary damages and happens to ensure the affected individual is compensated. This type of damage is categorised into two, expectation and consequential damages. The expectation damages are aimed to offset what the affected party anticipated to gain assigned in the contract. The consequential damages are projected to compensate the injured party. The affected person protected from indirect damages apart from contractual loss (Helewitz, 2010).
Punitive damages. Are aimed to punish the party that breaches the contract and also bar it from future violations. This type of the damage is rarely stipulated in most contract cases but may be in near fraud or tort cases. Lastly, the nominal damages occur when the affected complainant doesn't suffer monetary loss; however, the judge aims to demonstrate that the rule of law is followed and the affected person was right. This type of damages, rarely awarded since most of the cases, one party suffers monetary forfeiture (Helewitz,
Ernest and Mary Horton’s were injured when their house exploded and caught fire as a result of a gas leak. In a suit filed against the gas company, they were awarded both compensatory and punitive damages. According to the IRC code §104(a)(2), compensatory damages are excluded from gross income. However, the case Horton v. Commissioner examines whether the punitive damages should also be excluded from the taxpayers’ gross income. The Horton’s position was that it is excluded, and the IRS’ stance was it needs be included as part of their taxable
Based on tort principles in the contract law, damages caused by an employee
Defamation where the Defendant acted in bad faith and with malice. When the Defendant refused to allow the Plaintiff to return to work they did not allow him to clear his good name. When the Defendant's wrote the and plead that the speech was job required they knowing lied to the Court, which then caused a determination not consistent with the facts. When the Defendant continued to damage the Plaintiffs
An example can be shown in the case, WPS, Inc. v. Expro Americas, LLC. In April 2006, WPS, Inc. offered to manufacture equipment for Expro Americas, LLC and Surface Production Systems (SPS). Expro and SPS both accepted the offer and handed in their requests. WPS accepted both orders, as well as required that by April 28, 2006, Expro and SPS must give their release for WPS to proceed to creating the goods and agree to pay any and all cancellation costs.
Another basis to make Murray’s claim viable is the 1983 Church V Commissioner’s case. The court adopted a similar analysis to the Roemer decision. In the church, the taxpayers got $250000 compensatory damages and a punitive damage of $ 235000 in a defamation lawsuit. The court focused on the nature of the claim and identified that the award for compensation was as a result of humiliation, ridicule and total embarrassment. Those injuries were personal tort-type claims contrary to the physical injuries.
for Unilateral offer and Bilateral offer. 1. Advertisements for unilateral offer – Offer to the public at large Offers can be addressed to the general public and are accepted when the offer is acted upon a member of the general public. An important exception to the general rule that advertisements are merely invitations to treat is where there is an offer in relation to a unilateral offer contained in an advert i.e. where the offeror makes a promise in return for an act. Ali’s advertisement is considered as a unilateral offer since the contract is based on being automatically accepted without the need for negotiations as he states in the advert.
Simmons. First of all, minors are tried differently in court than adults. According to www.law2.umkc.edu, “ the Court considered whether it was cruel and unusual punishment to execute a prisoner for a crime he committed when he was a minor.” This shows that minors do not get tried as severely as adults. The article also added, “In previous decisions, the Court had found it unconstitutional to execute persons who were less than 16 at the time of their crime, but had upheld executions of those 16 and 17 at the time of their crimes.”
Young people under the age of eighteen should not have the same due process rights as adults. Young people may not have the capability of making certain decisions. Their brains are not fully developed yet, therefore they cannot be held to the same due process rights as adults because they don’t have the ability to act like adults. Furthermore, young people are not able to be held responsible for their actions like adults because they are not independent. Most young people rely on parents or guardians to guide them and help them until they become adults themselves.
Simmons. First of all, minors are tried differently in court than adults. According to www.law2.umkc.edu, “ the Court considered whether it was cruel and unusual punishment to execute a prisoner for a crime he committed when he was a minor.” This shows that minors do not get tried as severely as adults. The article also added, “In previous decisions, the Court had found it unconstitutional to execute persons who were less than 16 at the time of their crime, but had upheld executions of those 16 and 17 at the time of their crimes.”
Therefore, mike caused further harm to Julian. For the court to allow David to recover against Julian’s dad, on what tort theory will David’s attorney rely? Punitive damages are awarded only for intentional torts, when the court determines that the tortfeasor deserves an additional punishment beyond just compensating the plaintiff for the harm done to him or her. Therefore, David’s attorney will rely on intentional torts to
Lastly, in some states; there are age of majority statutes which automatically prosecute sixteen and/or seventeen years old depending on the state as adults (Campaign for Youth
The area of tort in law is also called negligence it is caused due to carelessness... In Legal position the idea of negligence should exercise reasonable when they act by taking account f that they might foreseeable cause harm to other
Contracts can be made very widely from a written document to a verbal promise. There are some different types of contract. Mainly, it is distinguished to five groups, i) Oral and Written contract ii) Bilateral and Unilateral contracts iii) Express and Implied contracts iv) Void and Voidable contracts v) Distance selling contracts All these contracts have different features and impacts.
The law of tort applies duties of the civil law in respect to a wide range of behavior which are relevant to a business activity, this area of law serves a very important role for consumers and those are doing business with them. As stated above in order to have a sure fire claim when claiming under the tort of negligence it is compulsory to fulfill the three requirement, the first requirement is the " duty of care " it is stated that whether the defendant owes the plaintiff a duty of care, is definitely a question of the law. it is always onus that the plaintiff establish the existence of a duty of care, but usually in most cases it is very straightforward to establish a duty of care, as long as it is provided that the relationship between parties falls within the duty of care for example a doctors owes a duty of care to his/her patients, or motorist owe a duty of care to the other road users, even architects owe a duty of care to the people who are occupying the specific building, these are just few examples of owing a duty of care. if the relationship between the parties does not fall within the established duties of care, than the plaintiff needs to be able to show the 2 things which are (1) '' it was reasonably foreseeable that the defendant act or omission could cause harm to someone in the plaintiff's position ", which means that it the plaintiff must be able to show that during the time of the incident it was reasonably foreseeable that the defendant's code of conduct could cause harm to someone in the plaintiff's position.