In this assignment I will be giving advice to Rick’s girlfriend on whether she has a legal right to return the laptop that Rick bought for her. I will be analysing whether a valid contract was formed and who it was formed with.…
Cyril made two contracts. The first was to have his house painted one month from the date of the written contract. The second was for his neighbor's 1957 Ford Thunderbird. Each contract was definite and clear in all respects. As to the house painting, Cyril inquired with the painter as to when the work could begin. The painter explained that he was extremely busy and was not sure if he could fulfill the contract. Cyril flew into a rage and immediately hired someone else who painted the house, but at a higher price. Cyril then sued the painter, claiming that there was an anticipatory repudiation of the contract by the painter.…
1.Eagle Stores, Inc. borrows $5,000 each from EZ Loan Corporation, First National Bank, and Great Products Corporation. Eagle uses its "present inventory and any thereafter acquired" to secure the loans from EZ Loan and First National. EZ Loan perfects its interest on April 1, followed by First National on April 5. Eagle buys new inventory on April 10 from Great Products and signs a security agreement, giving Great Products a purchase-money security interest (PMSI) in the new inventory. On the same day, Great Products perfects its interest and notifies EZ Loan and First National. Eagle takes possession of the new inventory on April 15. On April 20, Eagle defaults on all of the loans.…
Contracts can be delegated through contract of service or contract for service and are regulated by the common law. The contract of service is comprised within an employee-employer contract, whilst the contract for service is based upon a contractor-client contract. A number of tests including, but not limited to; control, mutuality of obligation, integration, results and risk test, have been applied to denote the distinction between the two determinants. Hollis v Vabu (2001) 207 CLR 21 and Australian Air Express Pty Limited v Langford [2005] NSWCA 96 portrays the legalities of contracts and enables interpretation towards the existing nature of ‘contract of services’ and ‘contract for services’.…
Yes, common law contracts also apply to the scenario. Article 2 only covers tangible items, and everything else is than governed by common law contracts. An example is Grocery Inc 's contracts with vendors are covered by the UCC because the involvement of the sale, but a vendor or an individual who stocks the shelving themselves (performing a service) would be covered under common laws.…
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.…
Course Hero has millions of student submitted documents similar to the one below including study guides, practice problems, reference materials, practice exams, textbook help and tutor support.…
Negligence - “Exclusion of liability for negligence other than for death or personal injury must satisfy the requirement of reasonableness”…
Duration is also important when drafting a contract because knowing how long someone will be bound to a commitment should be a priority.…
Using Figure 1 above, and your knowledge of the elements required for contract formation, consider whether a contract recognised by law has been made in each of the scenarios below.…
The respondent is unable to justify the violations of Section 8 and 10 of the canadian charter of rights and freedoms (charter) with regards to section 24 (2) of the charter. Section 24 (2) states that where in proceedings under section (1), a court concludes that evidence was obtained in a manner that did not infringe or deny any rights of freedoms guaranteed by the charter, the evidence shall not be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute (charter).…
The process of turning a bill into a law is probably one of the most complicating processes. The process of making a bill is a successive procedure which is not just adding a few rules to a paper and calling it a day. Before a bill is made they have to make sure all the rules are constitutional and does not infringe people's rights. Tis’ a stressful job to vote on a rule that some people could like and others could decide. The bill must first get passed in both houses of congress by majority ,than it gets sent out to the president and he can choose to pass it or veto it. If the president does sign the bill the bill will become a law; however if he doesn't it's U-Turned back to congress for another vote of the bill, this is where article V of the constitution proposes a Two - Thirds majority vote which allows a bill to pass without the signature of…
A contract is an agreement between two or more competent parties in which an offer is made and accepted, and each party benefits. When we look to see if a valid contract has been formed we look at the formation of the contract i.e. offer, acceptance, consideration and Intention to create legal relationships. This is an integral part of contract law. In England and most civil law countries existence of a contract depends on a theory that parties intend to be legally bound. The rule dates back to 1919’s where the court dismissed that a husband can be enforced to pay a fixed amount of sum he promised his wife. The doctrine of intention focuses primarily on whether both parties intend to be legally bounded by a contract. This area of law has become increasingly important over the year especially when there is no clear indication or mirror image in writing that the parties have a contract in place. It’s a matter of policy otherwise commercial agreements won’t be enforceable and doing business without a contract in place will be difficult and will raise doubt/fear among parties to enter into a commercial agreement.…
The question of capacity is governed by the general law of contract, and anyone who has the capacity to make a contract may become a member of a company. Certain special cases must be considered…
A contract is an agreement between two or more parties that creates an obligation to do or not to do something. The parties to the contract are under an obligation to perform the terms and conditions as laid down in the contract. Thus a contract can confer rights or impose obligations arising under the contract on the parties to the contract. Third parties cannot be under such an obligation to perform or demand performance under a contract. This is referred to as Privity of contract.…