Business Law
Business Law
Name:
Course:
Instructor:
Date:
Business Law
Legal Issue
Both parties entered into a legally binding contract. The legal issue is a breach of contract. For a contract to be legitimate, it must have the following three elements; an offer must be made; there must be acceptance, and finally there must be consideration.
Facts:
The defendant entered into a legal agreement with the plaintiffs, Jackson Boris and Klara Koop. The defendant made an offer to pay the plaintiffs £20,000 and £30,000 respectively, give Jackson a case of Cristal champagne, a bicycle and two tickets to the gala concert and the defendant accepted the offer. The consideration was the work that the plaintiffs did. The plaintiff upheld his end except for the payment of Jackson’s £20,000 and Klara’s £30,000.
Law on the issue
Tortuous liability
A contract is a binding accord among two or more people. A contract is the promise or set of promises for breach of which the law provides a solution and the feat of which the law recognizes as a duty. All contracts are agreements, but not all agreements are contracts. This is because a contract imposes upon the parties legally obligations (Kammen, 1989). The defendant Potluck breached the provisions of the contract and in turn became liable in a law court. There are diverse ways in which liability in tort may arise;
Liability arises as a legal consequence of a person’s act, or of his omission if he is under a legal duty to act. The law requires damage resulting to the plaintiff because of the defendants conduct to result in a tort. However, in some cases as trespass and label proof of actual damage is not required (American Law Institute, 1937). Potluck made a reasonable offer, which the plaintiffs accepted. The law states that an offer can be oral printed or may be drawn in from the circumstances of the offer. An offer must be specific or definite so that the offeree may truly understand
Name:
Course:
Instructor:
Date:
Business Law
Legal Issue
Both parties entered into a legally binding contract. The legal issue is a breach of contract. For a contract to be legitimate, it must have the following three elements; an offer must be made; there must be acceptance, and finally there must be consideration.
Facts:
The defendant entered into a legal agreement with the plaintiffs, Jackson Boris and Klara Koop. The defendant made an offer to pay the plaintiffs £20,000 and £30,000 respectively, give Jackson a case of Cristal champagne, a bicycle and two tickets to the gala concert and the defendant accepted the offer. The consideration was the work that the plaintiffs did. The plaintiff upheld his end except for the payment of Jackson’s £20,000 and Klara’s £30,000.
Law on the issue
Tortuous liability
A contract is a binding accord among two or more people. A contract is the promise or set of promises for breach of which the law provides a solution and the feat of which the law recognizes as a duty. All contracts are agreements, but not all agreements are contracts. This is because a contract imposes upon the parties legally obligations (Kammen, 1989). The defendant Potluck breached the provisions of the contract and in turn became liable in a law court. There are diverse ways in which liability in tort may arise;
Liability arises as a legal consequence of a person’s act, or of his omission if he is under a legal duty to act. The law requires damage resulting to the plaintiff because of the defendants conduct to result in a tort. However, in some cases as trespass and label proof of actual damage is not required (American Law Institute, 1937). Potluck made a reasonable offer, which the plaintiffs accepted. The law states that an offer can be oral printed or may be drawn in from the circumstances of the offer. An offer must be specific or definite so that the offeree may truly understand
Bibliography: Cheeseman, H. R. (2010). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues. Upper Saddle River, N.J., Pearson Prentice Hall. Clarkson, K. W. (2009). Business Law: Text And Cases: Legal, Ethical, Global, And E-Commerce Environments. Mason, Oh, Southwestern Cengage Learning. Kammen, G., & Myers, J. P. (1989). The Nature of Contract Law. New York, Distributed By Insight Media. Mckendrick, E. (2005). Contract Law. Basingstoke, Palgrave Macmillan. Cataldo, B. F. (1967). Introductory Cases on Law and the Legal Process. New York, Wiley. American Law Institute. (1937). Restatement of the Law of Restitution: Quasi Contracts and Constructive Trusts, As Adopted and Promulgated By the American Law Institute at Washington, D.C. May 8, 1936. St. Paul, American Law Institute Publishers. Chen-Wishart, M. (2005). Contract Law. Oxford [UK], Oxford University Press. Fouche, M. A. (2004). Legal Principles of Contracts and Commercial Law. Durban, LexisNexis.