The employment contract The features of a limited or a fixed term contract: The contents of an unlimited term contract: Information that are significant in an employment contract Probation Periods Wages Disciplinary Code Termination of contract End of […]. Any balance was payable on completion. He had reached a depth of feet on May 10 when his drill struck rock and broke, plugging the hole. The existence of an offer and an acceptance and consideration binds the two parties to the contract for the purchase of the car. Want us to write one just for you? Then Betty asked for a guaranteed completion date and Art agreed, asking for an advance. Any subject.
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A contract is a legal binding between two companies, businesses or parties that unites them in an agreement which is protected by law. A contract between the parties can be created verbally, in writing, how to write a contract law essay, by conduct or by all these means. And this contract becomes a valid contract if it has all the essential elements described as follows: It is important to mention that contract is enforceable only if all these elements are present in the contract. Want to get an original essay on this topic? Terms are the promises the parties make to one another as part of the contract. The terms therefore determine the rights and obligations of each party to the how to write a contract law essay. Dear Carl, Hope that this letter finds you in good spirit.
I am writing to you in response to your letter wherein you have inquired about the legal issues involved in online purchase of a set of DVDs on Team-building training. Once the contract is cancelled, any credit agreements entered into at the time of the contract are cancelled as well. The buyer should send the notice to the seller by certified mail, return receipt requested, at the address that the seller has given in the sale documents. The buyer should keep a copy of the notice for his or her own records, and to be able to prove that the notice was given and what was said. Since you e-mailed Classic Training to cancel the order in less than an hour, then your order may be cancelled by virtue of law. Direct Training invited you with their advertisement showing the price A£75 for the DVD set.
Law considers the price tag as an invitation for you to make an offer to purchase the item at that price. The offer was clear, how to write a contract law essay, definite and explicit and there was nothing to negotiate, then your acceptance completed the contract on the terms specified by Direct Training at the time you placed the order. However, how to write a contract law essay, if the price advertised on the website turns out to be incorrect, how to write a contract law essay, then they do not have a legal commitment to complete the sale: By law an advertised price is not a contract of sale, so the seller can refuse to complete the transaction if the price has changed, in likelihood that advertised price was not deliberately misleading.
If there is an obvious error in a price displayed, the supplier will not be bound by that price if the supplier corrects the error and informs the consumer of the correct price before the sale is concluded. The supplier is not obliged to sell the goods to the consumer at the patently incorrect price. Since Direct Training corrected the error and informed you via e-mail, they are not bound by law to sale the DVD set on the erroneous price. So, its better not to expect any favor as it is unlikely that any action will result in compensation; especially as technically the product was not sold. After having discussed the legal issues in detail, it would be more practical and advisable if you let the order completed with Classical training instead of direct training.
It would at least save A£10 to the company. Hope that the letter has addressed the right legal concerns. Abdul Bashir. The apprenticeship signed between Mr. Abdul Bashir and asad legally binds them into contract for a period of three years. As per law, the training contract legally binds Asad and Abdul Bashir for the term of the apprenticeship 3 years. The standardized contract terms define the obligations of apprentice. Moreover, if Mr, how to write a contract law essay. As long as everything within the contract is agreed upon and signed and dated by both parties, it is legally binding.
When two how to write a contract law essay enter into an agreement to do business together, the agreement is sealed and documented to form a standard contract. The prominent advantage is that minimum risks are involved and reduce legal costs. The standard contracts also provide greater certainty regarding the contract terms, providing clear legal specification and protection to both the parties. It saves time and costs by leaving little room for negotiations. The main disadvantage of the standardized contract is the Boilerplate.
It is what has been deliberately missed out of the contract. Another problem with boilerplate is the section that says disputes will be resolved by arbitration instead of a lawsuit. Price fixing is another disadvantage of standardization of contract: prices are made part of the standardization. Language problem is a major disadvantage. Use of some words may change a simple proposal to an obligation. Just as specified in Clause a of the standardized contract Asad signed in apprenticeship. The standardized contract inherently favours the issuing party.
Like it favous Mr. Abdul Bashir being the employer and issuer of apprenticeship terms. Would be waiting for your take on the same. Barker and Clive Solicitors Clegdon January 25, Hotsafe Ltd. Vicarious liability occurs in case of breach of any term or part of the contract by an employee acting on behalf of the company; thus the owner of the company will be held liable. Same rule applies in the case of various contracts and business dealings. As per definition of Winfield, Liability arises from the breach of the duty, as fixed by law.
Thus indirect responsibility lies on Hotsafe Ltd as a result of inability to carry out the service by one of the how to write a contract law essay of the company; the breach of the duty calls for compensation of unliquidated damages. Legal liability in this case arises as a result of breach of contract that you have entered into with Garside. The damages occurred to Garside are the result of negligence. And negligence has significant affect in business contracts. As per business contract signed between how to write a contract law essay company and Garside, your company was obligated to carry out the service as per schedule. As per law, if a party to a contract suffers loss for the negligent act of the other, the plaintiff is entitled to seek relief for the negligence.
The presumed negligence in this case is satisfying the four conditions for the award of damages. You will have a defense against this negligence only if the negligence act also has some contribution on part of Garside, depending upon his share in this negligence. Another defense would be to show that you have taken all reasonable steps to ensure the prevention of such acts or omissions therefore providing a statutory defense. If you are having in place an up to date policy, a code of conduct, responsibility division and fixing, implemented trainings, and clearly communicated policies to all the employees of Hotsafe Ltd. In this caseany incident resulting due to negligence of an employee should be followed by a strict action against the employee.
This may save the company against any serious damage claim, how to write a contract law essay. I hope that this would give the necessary legal perspective on the issue and you get out of it with the appropriate measures. Introduction to Contract Law. com, Jun 26, Accessed January 7, comJun Order paper like this. Did you like this example? Type your requirements and get professional help. Deadline: 10 days left. Number of pages. Email Invalid email. A professional writer will make a clear, mistake-free paper for you! Stuck on ideas? Struggling with a concept? Get help with your assigment.
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Although the damages here may be certain and unavoidable, there are serious problems with causation and foreseeability. The greater problem is foreseeability. Under Hadley, contract damages must be those that a reasonable person would foresee or those damages that would be foreseen by communication by the innocent party to the breaching party. There is no way to have foreseen that the County dam would fail, leaving Betty with no irrigation water. More important, Betty told Art that the water was for drinking, so he was not on notice of any special facts: quite to the contrary since Betty specifically said the well was for drinking water. If Art did not materially breach the contract and Betty prevented his performance, then the court would excuse Art and try to rescind the contract.
This is the likely outcome. Maker manufactures printing presses. News, a publisher of a local newspaper, had decided to purchase new presses. Rep also drew rough plans of the alterations that would be required in the News pressroom to accommodate the new presses, including additional floor space and new electrical installations, and left the plans with Boss. The offer contained provisions relating to the delivery schedule, warranties, and payment terms, but did not specify a particular mode of acceptance of the offer. Call me when you get back so we can discuss details. Boss next telephoned Pressco and rejected an outstanding offer by Pressco to sell presses to News similar to those offered by Maker. Using the rough plans drawn by Rep, Boss also directed that work begin on the necessary pressroom renovations.
By December 4, a wall had been demolished in the pressroom and a contract had been signed for the new electrical installations. On December 5, the President of the United States announced a ban on imports of foreign computerized heavy equipment. This removed from the American market a foreign manufacturer that had been the only competitor of Maker and Pressco. The Uniform Commercial Code UCC governs contracts for the sale of goods. Here the presses are goods, so the UCC, taken from the common law of contracts, would govern this transaction. The UCC has special rules applicable to merchants ; because Maker is in the business of selling and thus is in the business of buying printing presses, both are merchants, so the Special Merchant Rule, if applicable, would govern as well.
Was There an Offer and Acceptance? An offer is a manifestation by one party of a potential intent to contract. Those conversations appear instead to have involved mere sharing of information and expression of general intent. The offer did not specify the mode of acceptance so under the UCC it could be accepted by any reasonable means, including a telephone call. The telephone call occurred a reasonable time after the offer in fact, immediately. However, under the UCC there is nothing inconsistent about unequivocal acceptance of an offer coupled with discussion of missing terms or even prepared for different terms. Makers sale contracts are agreed upon with details unspecified or to be negotiated. Maker will also argue that the agreement failed to satisfy the Statute of Frauds.
The statute can be satisfied by a writing or certifying by the party to be charged reflecting the contract. Here, Maker made a written offer, signed by seller, its appointed representative, setting out the materials terms of the contract. The written, signed offer will itself probably satisfy the Statute of Frauds. Even if it does not, News took action in reliance on the contract that would satisfy the Statute of Frauds. Here importantly, it began work to renovate its pressroom to accommodate the presses, including demolishing a wall and signing a contract for electrical work. Significantly, that renovation work was based on plans that Maker had given to News.
The renovations are unambiguously attributable to this contract between News and Maker. Accordingly, the Statute of Frauds will be considered satisfied. An offer cannot be revoked after it is accepted, or after the offeree takes action in reasonable reliance on the offer. Here, News would be only advised to declare a breach and sue, because of the justifiable long lead time for installing the presses. There is no evidence of any such damages here. Finally, News would recover its incidental damage, such as the cost of finding cover funds. Punitive damages are probably not available. If the seller has been unjustly enriched as a result of the breach, the buy may be able to recover the amount of the benefit conferred on the seller. There is no indication here that Maker has been unjustly enriched, except that it will be able to sell the presses for more money.
Because the presses have not already been identified in the contract which was made only a few days before the breach News would be unable to recover the funds or obtain a similar in-kind restitution. Qualifying of Legal Remedy. News can obtain specific performance only if its legal remedies are inadequate. If the damage that News could recover would not be adequate; for example, if News existing presses need to be replaced, News may satisfy this requirement. A court will only order specific performance of a contract that is sufficiently definite. Breached contracts that are sufficiently definite for legal remedies do not satisfy the equitable standard.
Here, however, the contract based on the December 1 offer specifies quantity, price, delivery schedule, warranties and payment terms. Assuming that the specifications of the presses themselves are also contained or unaccepted by reference in the contract, this will be sufficiently definite. A court rule also must grant specific performance where doing so is not feasible. For example, if the decree would be too difficult to draft, or if extensive inventory would be replaced, the court will declare to grant specific performance. Here there is no evidence of any unfeasibility. The court could fashion an order requiring performance according to the terms of the contract and News could be counted on to advise the court of any compliance.
Traditionally, courts will grant specific performance only if it was available with both parties at the time of the contract. Modern courts will grant it if the court can be secure that the plaintiff will perform the obligation if the defendant is ordered to perform it. The court would have that security here and the liability test would also be met. As an equitable remedy, specific performance is subject to equitable defenses and an unclean hand or laches. None of these seem to apply here. Home About Us News Contact Login FB. FREE California Bar Exam Workshops! Contracts Essay One Art and Betty own adjoining farms in County, an area, where all agriculture requires irrigation.
Answer A to Contracts Essay One WAS A VALID CONTRACT FORMED? HADLEY V. Answer B to Contracts Essay One RIGHTS It is fairly clear from the facts given that an effective contract has been formed so as to bind the parties. CONTRACT TERMS The real issue in this case involves the terms of performance and attempt at performing by Art. HADLEY v. The parties to a contract must also have legal contractual capacity that is held for people within minority age unless a person is of unsound mind or intoxicated at the time of contract. In addition, the offeree must provide a valid consideration, a reward in exchange for the offer. evidence of an offer is another elements of a valid contract and is the proof that an offer was made Walston-Dunham Created contract J.
Suppliers ltd. Works cited Walston-Dunham, Beth. Introduction to law. Mason, OH: Cengage Learning, The paper "Contract law" was written by a real student and voluntarily submitted to this database. You can use this work as a sample in order to gain inspiration or start the research for your own writing. You aren't allowed to use any part of this example without properly citing it first. If you are the author of this paper and don't want it to be used on EduPony, contact us for its removal. Contract law. If you have any suggestions on how to improve Contract law, please do not hesitate to contact us.
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