Mike and Liam can say that Mary is in breach of contract but in fact no acceptance was made on their part. How did they know what time to arrive? Or what color to paint the house? Since acceptance is what makes the offer an oral agreement and a binding contract, no match was made to the offer. When Mary made the offer to pay $2500 for Mike and Liam to paint her house, they should have responded by accepting her offer and even could have bargained by her paying them the money plus supplies.…
Jack knew that the china at the sale was worth more than the $150.00 he offered the widow for all of it, bringing him a considerable return on his investment. He knew the price of the china was too good to be true so much that he did not attend any other sales that day. Because the widow gave consideration and her consent to the agreement by accepting Jack’s money for the china, this makes this an enforceable verbal contract. While Jack was paying for his items, the widow told him that she was downsizing because she was moving to an assisted living…
To prevent loss of profits and disruption in the store we should introduce new measures such as more security in store. This could be useful as plain clothes guards and uniformed guards could patrol the store which could lower the theft levels. More cctv…
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.…
Briefly describe the specifics of patent ‘056 described in Exhibit 1 and the various court decisions around the State Street Bank & Trust Co. vs. Signature Financial Group Inc.…
The case scenario starts off by stating that two employees of the hospital engaged in an exclusive contract. Since Ortiz agreement was to provide services to individuals in rural communities it ended up lowering the fees for the anesthesiologist so he decided to renegotiate his contract with the hospital which breached his original contract between the two of them causing the anesthetist services with the hospital. In turn leading to a lawsuit filed sharing that there was a violation made regarding the Sherman Antitrust Act, Section 1. This brings up much concern and questions such as: What individuals in a party should be made aware of when negotiating exclusive contracts? And which remedies are available when one of the parties breaches the contract by refusal to perform services that were originally agreed upon?…
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.…
In the case of Paula she has a legitimate reason to file charges for reinstatement or pay as long as she has some type of proof where Next Corporation compromises to give her employment. A good example will be a welcome letter, emails, or any other document that has information about her employment and duties. Luckily for her, in the state of New York a handshake deal is a legally binding document such in the case of Texaco and Pennzoil in 1984. Also, if Paula can present witnesses in court that were aware of the business or employment offer, she can enforce it just like a written contract.…
Duration is also important when drafting a contract because knowing how long someone will be bound to a commitment should be a priority.…
“Australia’s legal system is based on the English legal system.” To what extent is this statement correct? Discuss.…
The Constitution works because it has check and balances. The Checks and Balances make sure that no branch of government gets too powerful, or else there would be no point in having three branches of government. Our Constitution works because each branch has equal power.…
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).…
Pat was very frustrated because she wanted to purchase a home but lacked the funds or credit to do so even though Pat was expecting shortly to receive a one-half million dollar final installment payment for some land she sold several years earlier. Dan knew that Pat was very interested in purchasing a home and approached Pat with a proposal to assist Pat in buying a home. Dan told Pat that he would help Pat with the financing. After finding the home she wanted to buy for $250,000, Dan and Pat orally agreed that Dan would purchase the home and "when you come up with the money, I (Dan) will sell it to you (Pat) for $250,000 plus a fair commission to be determined."…
The third legal issue is whether Calypso is able to enforce part (c) of Clause 8 which states that Julia shall not entice away any employee of the Company to work for a business that sells sports medication anywhere in the world.…
Q. What is a general offer? How is a contract created through general offer? Refer to leading cases.…