Preview

Gbs 205

Good Essays
Open Document
Open Document
381 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Gbs 205
1. The difference between a void contract and a voidable contract is that a void contract is usually in most cases and agreement to do something illegal. An example would be an agreement between two people to exchange money for drugs. A voidable contract on the other hand is a contract that can be unenforceable because one of the party’s is not of age. An example would be one an agreement between two people that can be broken because of the fact that one of the party’s is not of age.

2. In order for an offer to be valid it must include the following elements the offer, acceptance, consideration, defenses, and writing required. An offer can be terminated by revocation, this occurs before the offeree accepts the agreement, only then can an offer be terminated by revocation. An offer can also be terminated by rejection this happens when the offer carries no legal binding and the oferee is free to accept or decline.

3. Those who wrote the UVV understood that a counteroffer is sometimes needed when doing business. Two rules apply for modification; one of them governs merchants and the other non-merchant transactions.

4. In order for an acceptance to be valid it must be communicated to the offeror using proper method of communication. The mailbox rule is a timing rule in a contract acceptance that seals the deal upon mailing the acceptance if it is done properly.

5. Most sellers use click on, click through or click wrap agreements that list the terms and conditions that the buyer has to agree in order to purchase goods from the seller. This is done to protect both buyer and seller from possible lawsuits.

6. If the contact is not fulfilled and there is still a valid contract, the non-breaking party can recover damages. This is known as compensatory damages. In addition the no breaching party can collect incidental damages, these damages are mostly expenses used to fulfill the contract. At times parties will agree on amounts of moneys they

You May Also Find These Documents Helpful

  • Good Essays

    A valid contract is “breached,” or broken, when one of the parties fails to fulfill the terms of the contract. The party harmed by the failure of the other party to comply with the contract may sue for breach of contract. Most states require that the injured party file a breach of contract lawsuit within a specified period of time, referred to as the statute of limitations. A sample court filing related to a breach of contract can be seen in Example A.…

    • 549 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Also, an acceptance has to be met when a counter offer is present and has to be accepted otherwise its not considered binding. Another important part for a valid contract is that there needs to be acceptance in the meeting of the minds.…

    • 493 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In order for the offer to be valid, there are several basic elements. First, there must be intent to contract. Secondly, it must be communicated to the acquirer. Lastly, the terms and conditions needs to be certain and definitive. All parties involved have the right to duress from one another. If these elements are not met, the contract may be seen as invalid.…

    • 620 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In conclusion, sales contracts are similar to common law contracts, but may also have distinct differences in terms of offer, acceptance, and consideration. The UCC was established to ease commerce amongst the states and has been adopted by all, at least in-part. The code protects buyers and sellers in Article 2, Sales, and provides laws to be followed in the absence of specific terms set forth in a sales contract. Merchants and non-merchants conducting sales transactions, and having knowledge of the UCC, place themselves at less risk, and in a better position to avoid…

    • 501 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Answer: Voidable contracts are an enforceable agreement, but because of circumstances or the capacity of a party, one or both parties may set aside. Valid contracts are an agreement that courts will enforce against all parties.…

    • 2514 Words
    • 11 Pages
    Good Essays
  • Good Essays

    Ch 9 Business Law

    • 1559 Words
    • 8 Pages

    An important rule to keep in mind is that the offeree (the buyer) controls the acceptance and thus the resulting contract. False, the offeror (the seller) controls the offer…

    • 1559 Words
    • 8 Pages
    Good Essays
  • Good Essays

    Test 1 Question Bank

    • 8500 Words
    • 32 Pages

    Is effective when received by the offeror, and prevents the offeree from later accepting that original offer.…

    • 8500 Words
    • 32 Pages
    Good Essays
  • Satisfactory Essays

    hoover motor express

    • 437 Words
    • 2 Pages

    LAW: “The continued existence of the offer until acceptance, is, however, necessary to make possible the formation of the contract.” 12 American Jurisprudence, p. 531. “Under a discussion of ‘Termination of Offer,’ it is sufficient to constitute a withdrawal that knowledge of acts by the offerer inconsistent with the continuance of the offer is brought home to the offeree.” 55 American Jurisprudence, p. 488. “revocation of an offer may be made by a communication from the offeror received by the offeree, which states or implies that the offeror no longer intends to enter into the proposed contract, if the communication is received by the…

    • 437 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Contract and Goods

    • 8844 Words
    • 39 Pages

    2. Law of sale of goods codified in the Art.2 of the UCC is modified to accommodate current practices of the merchants.…

    • 8844 Words
    • 39 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Stonebrook Case

    • 286 Words
    • 2 Pages

    When the question in common law is weather a contract is valid or voidable, the question of breach of contract comes to play. In different occasions such as oral contracts (Jannusch v Naffziger), fraud (McClain v Octagon Plaza), having a minor sign a contract(Yale Diagnostic Radiology v Estate of Harun Fountain) or simply making change at the bank(Barfield v Commerce Bank N. A.)a contract may be binding, breached, it may not be a contract or may be voided.…

    • 286 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Law 421 Contracts

    • 1070 Words
    • 5 Pages

    A breach of contract is when a party to an agreement owes a duty to perform and fails to fulfill her obligation (Melvin, 2011). A material breach of contract is when the non-breaching party did not receive the main benefit of the bargain or contract. An example of a material breach is when a homeowner contracts an electrician to install high grade wires for safety reasons and instead the electrician installs…

    • 1070 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    THE AGREEMENT

    • 3540 Words
    • 15 Pages

    The elements of an agreement are an offer and an acceptance --one party offers a bargain to another, who accepts.…

    • 3540 Words
    • 15 Pages
    Powerful Essays
  • Better Essays

    Elements of a Contract

    • 940 Words
    • 4 Pages

    An offer is the promise made by one party to another. For example in my profession as a Technical Sales Expert at Verizon, I sell good and services to Global Fortune 500 companies and present sales offers to my customers for these telecommunication services. These offers can be written or verbal but are always in clear an unambiguous terms. Offers can be unilateral or bilateral but in my contract cycle it is unilateral. Such offers can either be finalized, when all mutual promises are fulfilled. Or they can expire, if not timely accepted, such as in a sales promotion. The offer can be void, if any of the parties do not or cannot deliver on the promise. Also offers can also be rescinded after acceptance, unless a clause of the offer stipulates that revocation is not allowed. Offers are not legally binding.…

    • 940 Words
    • 4 Pages
    Better Essays
  • Good Essays

    A business contract creates certain obligations that are to be fulfilled by the people or companies who entered into the agreement. In the eyes of the law, a party's failure to fulfil an end of the bargain under a contract is known as a "breach" of the contract. Depending on the specifics of the contract, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at all. Accordingly, a breach of contract will usually be categorized as either "material" or "immaterial" for purposes of determining the appropriate legal solution or "remedy" for the breach.…

    • 721 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Offer and Acceptance

    • 887 Words
    • 4 Pages

    An offer is defined by Treitel as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed", the "offeree". In addition, an offer is a statement of the terms on which the offeror is willing to be bound. When an offer has been made, it doesn’t means a contract has formed until the offeree accepts the offer.…

    • 887 Words
    • 4 Pages
    Good Essays

Related Topics