Extra Credit Please respond to the following in short answer/essay format. Please illustrate your answers and interpretation of the text as clearly as possible. 1. a. What are the two types of duress and what is the effect of each on the contract involved. The two types of duress are physical compulsion, which is a violent way to force someone to sign a contract. It can be pointing someone with a gun. Improper threats, which includes economic and social coercion. Physical compulsion renders the contract void, and improper threats renders the contract voidable by the party who was coerced. b. Give an example of each type of duress. An example for physical compulsion will be Sam pointing a gun to Lucia 's head forcing her to …show more content…
If Lucia does not sign the contract, Sam will tell Lucia 's boyfriend that she cheated on him. Lucia knows that she made a mistake one night, so she signs the contract because she does not want to lose her boyfriend over a mistake. c. Who does the law intend to protect by reason of the defense of duress? And Why does the law protect this type of person? The law intends to protect those who other people take advantages just because they are or look weak. It also protect those who are shy and without a lot of experience. The law protects these kind of people because they usually cannot defend themselves, so they tend to be more vulnerable to threats. 2. Mel owns a neighborhood grocery store that he would like to sell. Katrina is interested in purchasing the business, but she is concerned because she knows that Mel has built up a lot of goodwill over the years, and she wonders whether Mel might not just open another store down the block and take all of the business from the old store with him. Katrina asks for and receives from Mel a clause in the sales agreement that Mel will not open another grocery store within a 150-mile radius of the old store for a period of at least ten …show more content…
There are four ways where they can do this, and those are: mutual rescission, substituted contract, accord and satisfaction, or novation. Mutual rescission is when the parties accept to terminate their duties under the contract. Substituted contract is when the parties agree to create a new contract where they are satisfied with their duties. Accord and satisfaction is when one of the parties take a different duty or role from the original contract where the other party is satisfied with it. Novation is when the original person cannot keep being in the contract, so he/she brings a new
1A. In the event that Peter is terminating his agency relationship with Alice he should do so in line with the agency contract that first established their relationship. Peter reserves the right to retract his agency relationship with Alice any time but he will be held liable for damages because his decision amounts to violation of the contract that he fashioned with Alice. Peter is supposed to pay Alice $1,080 (6% of $18,000) as this is the amount that the Principal would have earned if he had proceeded with the contract. This serves to indemnify Alice for the commission she was deprived by Peter’s action to rescind the contract without issuing any notice thus compensating the agent for her efforts and for specific performance.
Therefore, even if the facts show that these employees where somehow providing professionally approved care, i.e. physically restraining her during an out of control incident, the patient’s perception that she was being physically and sexually assaulted remains to be the outcome. Therefore, according to the consequential theory of ethics, this behavior would not be considered ethical. Therefore, an alternative action, or one that is not perceived to be threatening and harmful, must be executed.
Physical punishment has been approved in history as "the role of authority," as a declaration of power. Penelope Leach states, "Physical punishment was once an accepted part of any relationship that gave one individual legitimate authority over others - master over slave, servant or wife; officer over lower ranks; law en...
These can include mind altering medication to control a patient and physical restraints. Physical restraints are anything near or on the body which restricts movement of a patient. A physical restraint can be anything from lap buddies to vests. In his article, “Restraints: The Last Resort,” the author’s argues that physical restraints in emergency medicine should be the last resort because (1) the use of restraints or seclusion is being used as a means of coercion, discipline, convenience, or staff retaliation, (2) That we need to discontinue the use of restraints or seclusion as soon as possible, regardless of the duration of an order, and (3) explain the reason for restraints and the procedure, including periodic release from restraints to the patient and any family members present. In this research paper, I will argue against the use of physical restraints unless someone is educated, trained, and only in certain situations, whether it may be a mind altering medication or physical restraints in emergency
This essay will explain both sides of the views and using critical thinking will uncover the real message the author intended to portray.
Breach of contract is a situation that occurs if one or both of the parties do not perform their duties as specified in the contract. If a contract has not been discharged or excused, the contracting party owes an absolute duty (covenant) to perform the duty. There are 3 levels of performance of a contract, complete, substantial and inferior. Complete performances discharge the parties from the contract. The complete performance occurs when a party to a contract renders performance exactly as required by the contract. Tender of performance is an unconditional and absolute offer by a contracting party to
Please discuss the following items in the order given. Briefly respond to all areas listed.
There was no valid consideration for the fresh promise and hence the promise is not legally binding. As such, Fred does not have to pay Bob the extra $2,000.
Contracts refers to agreements that are made between two or more people or entities in which a promise of a return in something is considered and according to “it can sometime be concerned with the enforcement of a promisee or set or promises.” The making of an offer is the first and the main step in the traditional process of forming a valid contract: an offer, an acceptance of the offer, and an exchange of consideration. In this paper, we were given a case scenario that relates to the case law and elements of legislation to determine whether there are an existing contract made between Peter and John. In this case, these conditions were not followed and there was no existing contract between the two party and this was represented by Peter
The main elements within a contract process are offer and acceptance. An offer is made by the offeror in order for the individual to gain in some kind of way this can be financially or by having extra staff in an area. If the terms and conditions are agreed on by both parties then the offeree accepts the contract and signs their name, however if the terms and conditions are not agreed then the offeree will most likely make a counter-offer, which includes topics that where not fully looked into or identified within the first contract. Counter-offers are done between the parties until a solution can be made.
Duress occurs in a contract when one party is made to engage in a contract that he otherwise did not want to engage in due to blackmails, threats of bring actual harm, and threats of withdrawal from the contract at the time it is urgently needed. The two types of duress currently existing is physical duress and economic duress and Chen can use econ...
The business world has always relied heavily on contractual agreements while conducting business. These contracts while written in ink, are set in stone. Once your business partner signs his/her name on the dotted line the pact has been sealed and nothing else needs to be said. But what happens when you take away the physical contractual element and everything is agreed upon through one's word?
For an individual the different contracts mean that if they are used to receiving rights on a different contract, this may not apply if they are on a temporary contract for example compared to a permanent contract. This can be very confusing for all parties, and if not followed there can be serious implications, such as employees taking their employers to court facing
The defense of duress is available where a defendant commits a crime to prevent the greater of death or serious injury to himself or another threatened by a third party. On the other hand, the defense of necessity refers to circumstances where a person chooses to commit an offence to avoid a greater evil to them or another which would result from objective dangers arising from the circumstances in which they are placed . The difference between these two similar defenses is that duress is regarded as an excuse in English Law, whereas necessity is regarded as a justificatory defense.
As stated in the case of Brisley v Drotsky , the limitation imposed by the clause is itself a manifestation of the parties’ ‟contractual freedom pursuant to which they, by prior design, agreed to this limitation in order, to enhance certainty in their future dealings and to minimise disputes between them.‟