Contract law Essays

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    ISSUE The issue here is if there has been a misrepresentation made in the contract between Mr Smith and Mr Jones. LAW A contract is a legally binding or valid agreement between two parties. The law will consider a contract to be valid if the agreement contains all of the following elements: offer and acceptance; an intention between the parties to create binding relations; consideration to be paid for the promise made; legal capacity of the parties to act; genuine consent of the parties; and legality

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    Morality And Contract Law

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    Introduction Morality and contract law look like two separate concepts, however, if we consider deeply, we will discover the relationship between them. Morality and legality are traits of law. Consulting the fact that contract law should consider the acceptance of both sides, it will involve more problems about morality. If we attempt to understand the linkage, we should interpretation correlate notions of morality and contract law. What I intend to demonstrate is to hold the understanding of the

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    considered violable and enforceable within contract law. Valid contract is an agreement among the both parties, whereas unconscionable conduct is where one of the party taking unfair advantages and entering on a contract acknowledging the other parties disadvantage and disability. The contract can be voidable due to unconscionable conduct by the defendant when the plaintiff proves; they had lack of ability or disadvantage to protect themselves entering the contract and the defendant had known of the advantages

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    Contract Law Vs Tort Law

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    Contract law versus tort law Contract law is guidelines that represent contractual agreement between persons or dealers. An agreement is essentially an understanding between parties outlining their responsibility to each other. Contracts can be formed for any sort of collaboration. In this way, contract laws may address different transaction for the sale of good and services. Contract laws outline what a person can or cannot include in an agreement, and what the remedies are if a party breaks their

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    Introduction The term of remoteness refers to legal test of causation that is used to determining the types of loss caused by a breach of contract or duty which may be compensated by a damages award. In another word, remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong. We can refer to the case of Hadley v. Baxendale where Baron Sir Edward Hall Alderson had declined in allowing Hadley to recover his lost profits in this case, holding

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    The modern contract action can be traced to the English common law writs of debt, detinue, and covenant, which were created in the twelfth and thirteenth centuries. The fundamental concern of the law of contracts is the enforcement and promissory obligations, that are determined under the contract. The liability of the conctracts can be formed as an express promise, in which the rules of the contract are fully performed, or through the implied in facts promise, where the acceptance or understanding

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    Contract Law Case Study

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    Introduction This question requires an examination of the law of contract and the nature of the subject matter that was contracted between the parties. Only Antonia and Jonathan are legally bound by and entitled to enforce the contract (Coulls v Bagot’s ) and may sue or be sued under the contract. The rights and obligations of Antonia and Jonathan depend on whether the contract has been validly terminated. If the contract validly terminated, all future obligation will be terminated, but obligations

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    Introduction Undue influence is a vital concept under the contract law. It exists in situations where one party to a contract entered into an agreement with the other party due to the result of pressure exerted to him by that other party. The innocent party who has been subjected to the pressure may then seek an action to set aside the said contract. Undue influence can be said to be developed from the doctrine of duress under the English Common Law. Hence, it can be said that undue influence has certain

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    The aspects of Misrepresentation in contract law Misrepresentation is a false statement of fact and law, which induces the represented to enter a contract. When a statement has been made during the course of negotiations it is then classes as a representation rather than a term an action for misrepresentation may be available where the statement turns out to be untrue. In misrepresentation has there different of types. • Innocent misrepresentation • Negligent misrepresentation • Fraudulent misrepresentation

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    Specialty contract: Specialty contract is a formal contract in law. Specialty contract is utilized by different business exchanges. It can be utilized as a part of lease of property, and in deed of association. In strength contract both gatherings that are included must marked a composed report to demonstrate that they have gone into an agreement. Additionally the gatherings that are included must have a duplicate of the composed record as proof that they are into contract. Simple contract: In every

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    property for Galaxy’s new expansion idea that contract law will need to be taken into consideration. The lease between the landlord-tenant law will also be put into play. With the hiring of new employees, employment and labor law will need to be visited. 2.It would be in the best interest for Galaxy for Jackson to seek legal counsel during this time of expansion. Using a law firm would better benefit Galaxy than that of in-house counsel. With the law becoming increasingly complex business lawyers

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    crazy or just plain oppressive laws that have made it, been in or are still making it on the books. Society functions because of rules and regulations

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    Teenagers Contract Law

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    I disagree with the city council’s decision because I think teenagers have a right to be out late, they may need to get away from their house because of danger, and there could be an emergency. First, if teenagers want to go out on the streets late then they should have a right to so. It may be the only time they can go out just to hang with friends or they may just need some air. Teenagers are old enough to decide if they want to go out late or not, they don’t always need adults telling them what

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    by any undesirable immigrant. In 1882, The Immigration Act of 1882 was passed which would create a 50 cent tax on each immigrant that arrives at the US port of entry. This tax was implemented to relieve the cost of immigration laws. In 1885, The Alien Contract Labor Law was passed

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    Young’s argument of the apartment not been necessary since she was a minor is valid. A necessity for many state’s laws are defined as something, “necessary to the position and condition of the minor.” Ms. Young was not displaced out of her parent’s home, therefore she chose to move out on her own, and was not in a position or condition that force her to seek and rent housing. A minor contract is voidable at the minor’s choosing. Phillip Weaver had to have known that Kim Young was a minor, and should

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    The Ford Pinto met federal safety standards yet it had a design flaw that resulted in serious injuries and deaths. There are two general ways of thinking about the decisions made by Dennis Gioia in handling problems. The first appeals to the utilitarian ideal of maximizing good consequences and minimizing bad consequences. This includes the Cost-Benefit Approach, the Act Utilitarian Approach, and the Rule Utilitarian Approach. The second appeals to the ideal of respect for persons. This includes

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    Business Law Case Summary

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    Sidney Stratton petitions for a motion to dismiss Burnley Mills’s complaint. Mr. Stratton did not breach his contract by not adhering to the non-compete clause, because § 16600 of the California Business and Professions Code states that, “Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” Additionally, the complaint does not possess enough factual matter to suggest that Burnley

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    Wonder Widgets Case Study

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    cause of the problems, Wonder Widgets may be liable for damages. However, the sales contract contained a merger clause which limited wonder Widget’s liability. A merger clause, when included in a contract, cause the contract to become the complete agreement of the parties (Mallor 471). This means that any terms that were discussed prior to the contract, that are not included in writing, do not apply. The sales contract signed by CelTel that contains the merger clause limited damages to the lesser of

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    the inspection with the reasonable degree of competence expected of a professional engineer. • The engineer 's duty of care in relation to negligence existed alongside the engineer 's contractual obligations. • This overlap between negligence and contract will be

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    tamein which means to reassure or guarantee through indemnification of losses. As a concept, insurance does not oppose the Islamic principles since it is principally a system of mutual help. Nevertheless, conventional insurance use voidable (fasid) contracts called policies through which individuals or firms receive indemnification against losses. It is prohibited because it involves the elements of gharar (ambiguity), maysir (gambling) and riba (interest). Avoidance of these elements is essential in

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