There are four main elements that must be in a contract to deem it valid. The first of which is an offer. The offer is the initial start to any interaction from one or more parties intending to enter into a contract. An offer is defined as‚ the price at which an individual is willing to sell a security or commodity. This is the opposite of bid‚ which is the price at which an individual is willing to buy a security. An offer is the same as an Ask. The person to make the offer or have something
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Stephanie Van Horn Case 11-4 Dorris Reed‚ the plaintiff‚ purchased a home from Robert King. Robert King and his real estate agent did not tell Dorris Reed that a woman and her four children were murdered 10 years ago‚ because the murder would affect the value of the home. Dorris Reed‚ however‚ did find out about the murder from a neighbor and sued Robert King and his real estate agent for rescission and damages. Dorris Reed paid $76‚000 for the home but the value of the house‚ once the murder
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Problem 1 a) Can Tim sue his father Jack on the basis that the parties intended to contract‚ and that sufficient consideration was applied? b) The relevant rules are every simple contract must be supported by consideration‚ a promise to fulfil the terms of a contract is not always good consideration‚ and the rule that an agreement that is commercial in character can amount to a binding contract c) Todd v Nicol [1957] SASR 72 (Supreme Court of Australia) d) Yes‚ Tim might be successful in court
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Case Study Case 1 A Sydney tramway passenger was injured in a collision with another tram‚ which occurred after the driver collapsed at the controls. The plaintiff argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as ‘dead man’s handle’‚ a system in use on Sydney’s trains. This would have stopped the tram and avoided the accident. The device had been rejected by the tramway authorities because it was felt that it could cause drivers
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Chapter 12 Legal Value * Promise to do something that one has no PRIOR legal duty to do. * A performance of an action that one is not obligated to do * Refraining from an action that one has a legal right to do (forbearance) Rescission- the opposite of forming a contract‚ and bring the parties to the positions they occupied before the contract was made Past consideration- no consideration or a promise to give another something of value in return for goods or services rendered and
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Q1: What is a tort? Tort: A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another. Q2: What are the four elements of negligence? They are Duty‚ Breach‚ Injury‚ and Causation. Q3: Is Shannon liable for the tort of negligence? Yes‚ she is. First of all‚ she has been told by her physician that not to drive after taking the medication. Thus she has the duty not to drive in order to take care
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PBUS01—Summer 2013 Final Project Name: Alice 1. Case Name‚ Citation‚ and Court PETROLEUM REFRACTIONATING CORPORATION v.KENDRICK OIL CO. 65 F.2d 997 (1933) No. 774. Circuit Court of Appeals‚ Tenth Circuit. 2. Key Facts A. The Kendrick Company ordered a special grade of oil 1‚500‚000 gallons‚ 10% more or less from the Petroleum Corporation on January 15‚ 1932. B. Under the terms of the contract‚ the Petroleum Corporation agreed either to sell and deliver the oil or to discontinue making
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define the functions and roles of law in both business and society. Giving examples of such relationships from past and future experiences from the author pertaining to current and past job or industry. While it is beyond the scope of this research paper to do a complete analysis of all the laws and functions pertaining to business and society we will cast a broader look at the significant points that can add value to the paper. Functions of Law in Business and Society The Merriam-Webster
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Functions and Roles of Law in Business and Society Patricia Hackley LAW 421 April 15‚ 2013 C. J. Hughes Abstract A review of the Constitution‚ the Bill of Rights and the Code of Conduct will be discussed for a better understanding of it role in business. Businesses have operated for years but the interest lies in the development of and reasons for code of conduct; with the Constitution and Bill of Rights identifying the rights of the companies and the people. According to CFA Institute
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Territories)‚ Queensland (1859)‚ and Western Australia (1890). These one-time colonies became states within a federation as the Commonwealth of Australia in 1901‚ created by a British Act of Parliament. Now the British Monarchy is merely a figurehead in Australian politics. An appointed Governor ’ General represents the monarchy but has little actual power. The country is a parliamentary democracy whose legislative branch is made up of an elected Senate and House of Representatives. The executive branch consists
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