Contract Law 1.On 2nd January 1999, Sarah reads in a local newspaper, "The BrightonBugle", that a well known local sports enthusiast, Mick Muscle, was offering £5,000 to the first person to swim from Southsea to the Isle of Wightbefore 10th January, 1999. Sarah, a keen swimmer, set about her preparations. On 6th January, 1999, a retraction appeared in "The Hove Herald' stating that Mick's original offer was cancelled and, instead, the prize was now to be £500 to the first person to cycle from Brighton to Oxford before 12th January, 1999. Sarah was a regular reader of "The BrightonBugle" and no other newspaper. She did not see the retraction in "The HoveHerald". On 9th January, Sarah went down to the beach at Southsea to commence her swim to the Isle of Wight. A bystander, who identified himself as Rick Muscle (Mick's brother), told her that the swimming prize had been cancelled and she should "go and get her cycling gear on". Sarah disregarded this statement and proceeded with her swim. Rick Muscle notified his brother, Mick, who promptly hired a boat and caught up with Sarah in the middle of her swim. Mick shouted at her through a megaphone, telling her of the withdrawal of the reward for the swim. Sarah was not deterred and completed her swim to the Isle of Wight. On returning to her home in Brighton, she decided to cycle to Oxfordthe next day to see her best friend. She reached Oxfordon the evening of 11th January. She now wishes to claim both the £5,000 for being the first person to swim to the Isle of Wightand, having later learnt of the prize, the £500 for cycling to Oxford. Advise Sarah. The first thing to asc... ... middle of paper ... ...own of the offer until after her return from Oxford to Brighton. --------------------------------------------------------------------- [1] McKendrick, E. 2003. Contract Law: Text, Cases, and Materials. Oxford University Press. P63. [2] [1968] 1 WLR 1204 [3] Op.Cit. Note 1 [4] Collins, H. 1997. The Law of Contract. London. Butterworths. P60. [5] [1893] 1 QB 256, CA [6] Op. Cit. Note 1. p.50 [7] Ibid. p127 [8] Byrne & Co v Van TienHoven & Co (1879) 5 CPD 344 [9] Op.Cit. Note 1. p.130 [10] (1875) 92 US73. [11] Op.Cit. Note 1. p. 130 [12] Op.Cit. Note 9. Judgement of Strong J [13] Ibid. [14] (1876) 2 Ch D 463 [15] [1952] 1 KB 290 [16]Op.Cit. Note 1.P 124 [17]Ibid. p.126 [18] (1927) 40 CLR 227 [19]Op.Cit. Note 1. p127 [20] (1833) 5 C & P 566
When discussing the concept of contract law, there exist two bodies of legal rules that may apply to the contract. These bodies are the common law of contracts and Article 2 of the Uniform Commercial Code or the UCC. The common law of contracts is court made and is constantly changing, but the UCC is required in every state within the U.S.A. It is important to know which one to use and when, as well as what the differences between them are.
When the ground was broken, it cost 3.9 million. This is where the fund-raising begins. Kyle Petty has a charity motorcycle ride that he founded over ten years ago. He has ridden over 31,500 miles and has raised over 4 million dollars. To keep the camp running, it costs 2.7 million dollars a year.
...will be my first year of walking in the Great Strides event for cystic fibrosis at the Cleveland Zoo. In order to walk you have to make a commitment of a certain amount of money to raise for the walk. I am beyond excited to participate in this walk and I cannot wait to find other ways to help out cystic fibrosis and other chronic illnesses.
Nebeker, Helen. " 'The Lottery': Symbolic Tour de France," American Literature: Duke University, North Carolina, 1974. p. 107.
R/s Ms. Stanton reported that she inherited gold from African from someone she met on the internet. R/s according to Ms. Stanton, she won the lottery and is getting a BMW if she pays the taxes and she already sent $300 to someone.
Contract laws had two problems which are old contract law principles often did not reflect modern business practices, and law had become different from one state to another. On many legal topics, contacts law included the national government has had a little to say and has allowed the state to act individually. The UCC was made as an effort to answer two problems. I was a proposal written by legal scholars not a law drafted by members of congress or stat legislatures. The scholars at the American law institute and the national conference of commissioners on uniform state laws had great ideas but they had no legal authority to make anyone do anything. Over time, lawmakers in al fifty states were persuaded to adopt many parts of the Uniform Commercial Code. They responded to persuasive arguments such as businesses will benefit if most commercial transactions are governed by the modern and efficient contract law principles that are outlined in the uniform commercial code. Also businesses everywhere will be able to operate more efficiently, and transactions will be more convenient, if the law surrounding most of their transactions is the same in all fifty states. The main focus is in the article 2 of the uniform commercial code book.
This is to recommend continued sponsorship of the Posse ride. In order to maximize the
categories part one of the fee went to the bowling house, part two went to prizes and part
... $20 and were entered into a raffle to receive an iPad2 for participating” (Kross et. al, p. 2, )
It was an unforgiving 95 degrees Fahrenheit in eastern France last week. Rain had fallen nearly every day of the week prior to Stage 16, Wednesday, July 21, making for a very steamy road up the face of one of the most unforgiving mountain rides a cyclist can make in the course of his or her riding career. Nearly one million people lined the narrow mountain road leading to the peak of L'Alpe D'Huez to watch a one man, Lance Armstrong, in the time trial of his life. This seemingly immortal man had survived cancer to make this climb his top achievement leading him to victory five times previously. Could Lance pull off an unprecedented sixth win? He rehearsed this scene time after time over the course of the previous year in preparation for such a time as this. That preparation paid off. He climbed this mountain in exactly 61 seconds faster than any of his nearly 200 competitors. One million people in a less than 20 mile stretch of road all to watch a bicycle race. But this was no normal race, this was, after all, The Tour de France. Considered to be the most physically unremitting sporting event known to man, this mere bicycle race has a history richer than many nations in and of themselves. Over a hundred years ago, in a turbulent, at best, France, two men found their way into a personal disagreement. The results of which, over a century later would still draw spectators by the thousands to the hillsides of France for what would become the greatest continuing nationalist and sporting spectacle of that country.
When it comes to contracts, there are certain elements or requirements, which need to be met in order for the contract to be valid. Defined, a contract is “an agreement that can be enforced in a court; formed by two or more parties who agree to perform or refrain from performing some act now or in the future” (Hollowell & Miller, 2014, p. 110). With contract law, there is the enforcement of promises made between two parties, even if made in private. Additionally if a promise is made, there is the possibility of the obligation falling into a moral liability rather than a legal liability. All in all, when it comes to business agreements, contract laws will apply to avoid any possible problems that may arise.
Explain why it is important to have an intention to create legal relations when making a contract and why is consideration of the parties to the agreement necessary-:
The issue in this case is whether there is a legally binding contract between Roland and Bernie. The things that needs to be considered is whether there is an agreement between Roland and Bernie. If there is an offer and acceptance, then there is an existence of agreement. According to Section 2(a) of the Contract Act 1950, offer can be defines as when one person implies his/her willingness to another in order to acquire their consent. (Abdullah et al, 2011) The person who make the offer is known as ‘offeror’ or ‘promisor’. (Lee and Detta, 2009) An offer can be made in the method of orally, by conduct, writing or by the mixture of these forms. An offer must require an effective communication with offeree. The formation of contract when offeree accepted the proposal. (Dass, 2005)
Based on common law and precedent, the English law of contract has been formulated and developed over a number of years with it’s primary purpose to provide a regulated framework within which individuals can contract freely. In order to ensure a contract is enforceable there are certain elements which must be satisfied, one of which is the doctrine of consideration. Lord Denning famously professed; “the doctrine of consideration is too firmly fixed to be overthrown by a side wind” . This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,