Preview

Law and It's System

Satisfactory Essays
Open Document
Open Document
346 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Law and It's System
1. The importance of a contract law to the private market system is vital for our private enterprise economy. It helps make buyers and sellers willing to do business together. Contract laws allows private agreements to be legally enforceable. Contract laws provides enormous flexibility and precision in business dealings. It provides flexibility in that you can agree to literally anything that is not illegal or against public policy. It gives precision in that with careful thinking you can make another agree to exactly the requirements that accomplish even a very complex business purpose.
2.
a. Common law of contracts is understood to have many types of contracts. Another source is legislation. Various states have enacted the common law as a part of the state statues.
b. The UCC is the Uniform Commercial Code which is a state-based legislation. This covers the sale of goods.
3.
a. The following phrases are important to the understanding of contract law because a bilateral contract is an agreement containing mutual promises. A bilateral agreement is whenever there is doubt about the form. The party making the promise can control the application of many concepts of contract law by understanding the distinction between bilateral and unilateral contracts. Unilateral contract is an agreement with only one promise. The maker of such a promise seeks an action rather than a promise in return.
b. When many contracts arise from discussions in which parties actually discuss the promised terms of their agreement are called express contracts. Implied-in-facts arise from the conduct of the parties rather than from words.
c. Implied-in-law contracts is when one party unjustly enriched at the expense of another, the law may imply a duty on the first party to pay the second even though there is no contract between the two parties.

You May Also Find These Documents Helpful

  • Powerful Essays

    Bus311 Business Law I

    • 2524 Words
    • 11 Pages

    A contract is a legally enforceable agreement that is created when two or more people agree to perform or to avoid performing certain acts that they have a legal right to do and that meet certain legal requirements (Liuzzo, 2013). An example of a contract exists between an assistant and the manger. That contact can be extended once the assistant becomes a partner and so forth. Contracts can be extended or changed as needed to reflect the contractual relationship.…

    • 2524 Words
    • 11 Pages
    Powerful Essays
  • Better Essays

    Peckinpaugh, C. (1998) What are implied contracts? The business of federal technology. Retrieved from web December 16, 2012.…

    • 1123 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    A contract is a special kind of voluntary agreement, either written or oral, that involves legally binding obligations between two or more parties (Pozgar & Santucci, 2015, p. 126, para. 1). A contract protects each party with the legal means of enforcing a right or redressing a wrong if another party does not perform his or her obligations following to the terms of the contract.…

    • 384 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Unit 21 P1

    • 1002 Words
    • 5 Pages

    Laws, contracts and customs are rules that shape our everyday lives. These date back for centuries. There are a number of different elements that make up a valid contract that can be used in business today, these consist of the following.…

    • 1002 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Unit 3 Ip Busn150

    • 894 Words
    • 4 Pages

    The first two types of contracts are express and implied contracts. When dealing with an express contract the individuals use an oral or written method at the time the contract is created. There is an assured written or oral proposal that is acknowledged by the individual to whom the proposal is prepared in a style that openly expresses agreement to its terms. An implied contract is as edging as express contract. An implied contract is a result from a shared agreement and has the intention to keep a promise that has not been extracted into words. It is dependent upon substances for its actuality and so, for an implied contract to ascend there has to be some act or conduct of the parties, in sequence for them to be guaranteed. An implied contract is a result from a shared agreement and has the intention to keep a promise that has not been extracted into words.…

    • 894 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Acme Fireworks Prospectus

    • 1831 Words
    • 6 Pages

    It is important to understand the type of contract governed by each body of law. The UCC applies to the sale of goods and securities, and common law of contracts applies to contracts for services, real estate, insurance, intangible…

    • 1831 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    An implied agency is one in which the parties involved do not sign a formal contract.…

    • 988 Words
    • 8 Pages
    Powerful Essays
  • Better Essays

    P4 P5 D1 - Unit 21

    • 2274 Words
    • 10 Pages

    * The implied term - Part of the contract not necessarily included by the parties but automatically included by the law to protect all parties.…

    • 2274 Words
    • 10 Pages
    Better Essays
  • Powerful Essays

    Lwc1 Study Plan

    • 4774 Words
    • 20 Pages

    Unilateral - One party makes a promise that the other party can accept only by…

    • 4774 Words
    • 20 Pages
    Powerful Essays
  • Better Essays

    BUS 311 Week 5 Final paper

    • 2534 Words
    • 7 Pages

    There are several types of contracts that individuals can enter. These types are expressed, implied, bilateral, unilateral, simple, formal and quasi contracts. An express contract are “formed by the express language of the parties—the actual words they use in their agreement—and can be either written or oral.” (Rogers, 2012) This type of contract does not have to be in writing. An expressed contract contains the offer, acceptance and consideration elements of a contract. Express contracts are usually compared to implied contracts.…

    • 2534 Words
    • 7 Pages
    Better Essays
  • Better Essays

    Law 421 Contracts

    • 1070 Words
    • 5 Pages

    A contract is an agreement between parties that is enforceable by law (Melvin, 2012). Transactions conducted within the business world and by individuals that involve commitments to provide goods, services, or real property are usually in contract form. When one party makes an offer to another and they reach an agreement, a contract is formed. An agreement reached between the cooperating parties contains a promise, for example, one party agrees to sell a vehicle for $500 and the other party accepts and pays the money then receives the merchandise. This constitutes an acceptance of assent between parties showing that the parties agree with the terms offered. To ensure fairness of trade for goods and services, contracts are enacted between individuals in the event one party breaks their promise or breaches the contract.…

    • 1070 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Contracts are essential in the business world and apply to both large and small businesses (Lau, 2011). Essentially, contracts are a legally enforceable promise to do something in exchange for something of value (Beesley, 2016). Elements of a contract formation include offer, acceptance and consideration (Colorado State University – Global Campus, 2016). Without proper formation, contracts can be invalid (Lau, 2011). The six elements of contract formation are offer, acceptance, consideration, mutuality of obligation, competency and capacity, and sometimes a written instrument (US Legal, n.d.). Contracts can be both bilateral, meaning an agreement between two parties, or unilateral, where action is taken by one party or group (Lau, 2011). This…

    • 833 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Contracts Outline

    • 7822 Words
    • 32 Pages

    * Implied in law: really not a contract at all, but when one person confers a benefit on another, in order to avoid unjust enrichment to the person who received the benefit the law may imply the right to recover a reasonable value of that benefit in Quasi-contract. (ex: Dr who treats injured victim along road. Victim recovers and nothing was ever said about paying the dr. Bec the victim was enriched by Dr’s actions the law may imply a contract so the Dr can recover)…

    • 7822 Words
    • 32 Pages
    Good Essays
  • Powerful Essays

    Contracts I Outline

    • 14111 Words
    • 57 Pages

    a. Contract law is state law. It is common law by default, unless a statute has been passed covering the issue. Right to contract is guaranteed primarily by common law and some statutes, NOT by the constitution. Our law does not recognize any natural right to freedom of contract or economic activity.…

    • 14111 Words
    • 57 Pages
    Powerful Essays
  • Better Essays

    The Function of Contract Law—No aspect of modern life is entirely free of contractual relationship. Even ordinary consumers in their daily activities acquire rights and obligations based on contract law. Contract law deals with, among other things, the formation and enforcement of agreements between parties (in Latin, pacta sunt servanda—“agreements shall be kept”). By supplying procedures for enforcing private contractual agreements, contract law provides an essential condition for the existence of a market economy. Contract law is necessary to ensure compliance with a promise or to entitle the innocent party to some form of relief.…

    • 2554 Words
    • 11 Pages
    Better Essays

Related Topics