Although requirements vary between states and jurisdictions, the general uniformity of common areas
Although requirements vary between states and jurisdictions, the general uniformity of common areas
In this paper, I will reflect on the operation of contracts. Business law shows how contracts may be classified in several ways depending on the manner in which they are created, expressed, or performed. I have learned a lot from this course and I will use that to help write this paper. In the following paper I will discuss the oral or written contracts; I will discuss express or implied contracts, and will discuss formal or simple contracts. I will also discuss the impact of the contracts in a business and show the true propose of contracts. I will show what is needed in a contract to be legally enforceable. I will discuss how a contract must contain the following six elements: an offer and acceptances, a mutual agreement, a consideration, a competent parties, and legality of purpose, and proper form. All of this will be discussed in depth in the following paper.…
1. All contracts involving interests in land must be in writing to be enforceable –T…
a written contract. but, the contract is within the statute of frauds and enforceable because its oral.…
6. Under Article 2, what is the dollar amount over which a contract must be in writing to be enforceable (the UCC statute of frauds)?…
The Little Steel Company is a small steel fabricator that makes steel parts for various metal machine shops. When Little receives an order from a client, it must locate and purchase 10 tons of a certain grade of steel to complete the order. Little sends an e-mail message to West Coast Steel Company inquiring into the availability of 10 tons of the described grade of steel. West Coast replies by e-mail that it has available the required 10 tons of steel and quotes $450 per ton. Little replies by e-mail that it will purchase the 10 tons of described steel at the quoted price. The e-mails are signed electronically by Little and West Coast. There is no date set forth in the e-mails for delivery. When the steel arrives, Little rejects shipment, claiming the steel was shipped too late. When West Coast sues Little for breach of contract, Little also raises the defense of the Statute of Frauds. Who wins, and why?…
The store clerk giving the refund signs the refund form; names of purchasers are only obtained for the card refunds.…
In this article, Bobbie Jean Donnelly was a fraudster who used Travel and Expense reimbursements to defraud her company. Donnelly figured out how to manipulate her travel and expense reimbursements to eventually defraud her company of about $275,000. Had her company had proper controls in place for travel and expense reimbursements, wouldn’t have occurred to this magnitude.…
The legal issue presented by Robert Briggs is an action to void an oral real estate contract because it violates the Statute of Frauds. While, the Statute of Frauds does indeed require real estate contracts to be in writing in order to be enforceable, the Statute of Frauds does not apply to Briggs v. Sackett as the specifics of this case warrant an exception from the Statue of Frauds under the equitable doctrine of part performance.…
“4. What role does the statute of frauds play in this contract?” (Sean P. Melvin, 2011, p. 155). The statute of frauds would not apply “Under the Uniform Commercial Code would apply to the sale or lease of goods” (Sean P. Melvin, 2011, p. 151). In the scenario, it was a sale for service and requires a signature.…
In reading our textbook it reveals relevant facts that fraud invalidates a contract. “The existence of fraud disrupts the honesty of the unknowingly person’s permission/agreement to a contract. When a person unknowingly goes into a terms of a contract, the agreement normally can be avoided since he or she didn’t freely come to agreement with the terms. Normally, an unknowing person has a choice terminate the contract all together and return to their beginning place or proceed with the contract and seek damages for harms resulting from the fraud (Miller 281). Fraudulent misrepresentation is referenced only to misrepresentation that is knowingly not true and is meant to misguide the other person. Typically, fraud contains three aspects; a misrepresentation of a factual occurrence of material, next intent of deception must be present, and the non-guilty person has to defensible depended upon the misrepresentation. Some type of harm must have been brought as a result of the misrepresentation in order to obtain any damages. It is also possible for fraudulent misrepresentation to come about from the online environment.…
The amount listed is the enrollment agreement was 10,020.00 which gives a difference of :…
Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.…
Oral contracts are as good as written contracts; however in some jurisdictions it is require that a written contract be in writing such in the sale of real state. An oral contract is also defined as any written or physical evidence used where two or more parties have agreed. Even though there is a piece of paper involved, the contract is not consider being a written one.…
When evaluating this case using the three elements of the fraud triangle I have concluded that the potential pressures for Chris to commit fraud are greater than for others. The pressure is from Chris himself because he wants what others have or what he doesn’t have. This is due to the fact that Chris is young and impressionable may feel as though he doesn’t make enough money to obtain the material possession he desires or see others with. He may also be of the mindset that “he wants it now” it being the latest technology. This younger generation seems to feel entitlement instead of working and earn it. This may be due to their upbringing. Although my generation had things we worked for them and with our parents/families help we were able to obtain those things we wanted. We live in a technology savvy society so if you don’t have the last gadget then you may be looked upon as not having the means to acquire these things or not technologically savvy enough to want or have these items. Having the latest gadgets is a societal status symbol, the more you have…. the more you have meaning money. Chris may have friends that have the latest and greatest technology and he maybe envious of them and desire to acquire those things as well but not on his salary in his mind. So he must find a way to get either more money or a way to acquire the latest and the greatest in technology.…
The objective of a fraud risk assessment is to help an organization recognize what makes it most vulnerable to fraud. Through a fraud risk assessment, organizations are able to identify where fraud is most likely to occur, enabling proactive measures to be considered and implemented to reduce the chance that it could happen (Wells, 2010).…