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.…
To enter into a contract, a party must be legally competent. Parties that cannot generally enter into contracts include minors and persons adjudged to be insane. Contracts entered into with either of these types of parties may be void and unenforceable.…
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.…
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.…
Facts: P is suing D for wasted expenditure arising from D’s breach of K to star in their production…
The fact that a promise has been made does not mean the promise can or will be enforced. Under the common law, a primary basis for the enforcement of promises is consideration. Consideration usually is defined as the value (such as cash) given in return for a promise (in a bilateral contract) or in return for a performance (in a unilateral contract)…
Businesses are constantly negotiating contracts with other companies or individuals. According to Cheeseman, 2010, a contract is an agreement that is enforceable by a court of law or equity, and it involves at least two parties. In order to be enforceable contracts must have the following four elements: agreement, consideration, contractual capacity, and lawful object. The first element, agreement, means that in order for a contract to be enforceable must parties must agree. Consideration is what the parties are bargaining for. Money, personal property, real property, provision of services, and such qualifies as consideration (Cheeseman, 2010). The third element, contractual capacity, refers to the capacity that a person has to enter into a contract. A contract cannot be enforce when a person lacked contractual capacity at the time of the contract (i.e. mental illness). The last element refers to lawful object. Contracts can be enforced only when the object of the contract is lawful, otherwise the contract is invalid.…
Between Two or more Competent persons: Parties that enter into the contract must have legal capacity – that is they can sue and be sued.…
Both the business environment and the private sector use contracts as a means for agreement regarding transactions. For any contract to be legally binding four requirements must be met: 1) agreement, 2) consideration, 3) contractual capacity, and 4) lawful object (Cheeseman, 2010, p. 162). After the four requirements are met, it is the responsibility of each party involved to complete their respective obligations. Unfortunately, not all contracts will see completion. Events that arise in the course of the completion of the contract can cause breaches. Other times, one party in the contract fails in his or her obligation because of negligence. When contractual obligations cannot be fulfilled the injured party has certain rights to recover damages or force performance. In this paper the subject to address are situations that have arisen in various contractual scenarios. Based upon the contents of the contracts and causes of the contractual breaches, each scenario will address possible defenses and determine which party will win the suit along with potential remedies.…
Bill Cosby and his lawyers are not giving up without a good fight as they petition the courts again to drop the criminal sex assault case. Radar Online, June 8, 2016 reports that Bill and his attorneys want the case dismissed because Andrea Constand, did not show up in court.…
“All contracts are agreements, but not all agreements are contracts” (Luizzo, 2010, pg. 79). In business, contracts are used to employ people and to sell goods, and to sell services (Luizzo, 2010, pg. 79). For a contract to be enforceable legally it must contain certain elements. There must be an offer made to one party and acceptance by another party; there must be consideration; all involved must mutually agree; all parties must be competent; there must be proper…
“Australia’s legal system is based on the English legal system.” To what extent is this statement correct? Discuss.…
This paper is a study of the Element of a Contract detailing the essential elements that constitute a legal binding agreement. A contract can be defined as an agreement between two or more persons for example, individuals, organizations or government agencies and or business, to do, or to refrain from doing something in exchange for something of value. The text states “to qualify as a contract, a set of promises must be based on a voluntary agreement, which is made up of an offer and an acceptance of that offer. In addition, there usually must be consideration to support each party’s promise. The contract must be between parties who have capacity to contract, and the objective and performance of the contract must be legal” (cited in Mallor, J.P., Barnes, A.J., Bowers, T., & Langvardt, A.W. (2010). Business Law: The Ethical, Global and E-Commerce Environment. New York McGraw-Hill/Irwin. pg. 328).…
The Australia legal system includes laws that are developed from two sources: common law and statutory law. Common law is created by judges in a court hierarchy, using an approach called the doctrine of precedent. Statutory law is law written in parliament by the leaders of the country or state, depending on where the power to legislate lies. Both common law and statutory law are components of substantive law, which concerns the actual content of law and procedural law, which concern the way in which law is constructed and applied. The division of law that most relevant and influence our practice as nurses is substantive law, which is the division of law that tells us how we should conduct our behaviour in various aspects of our practices. There are many…
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).…