Four Elements Of Common Law

Negligence and its Elements (American System):

Negligence is best defined as when one does not protect oneself or others from property damage, bodily injury or death. Therefore, this could be the act of causation of failure to act. In order to have a legal claim of negligence there are four elements which must be present and without them no case is secure. The four elements are Duty of Care, Breach of Duty, Causation and Damages.

1) Duty of Care:

A relationship has to exist between the two parties where one party has a legal obligation to the other. An example of this relationship is when manufactures produce a product they have a duty to ensure the product does not cause the consumer unreasonable danger. 2) Breach of Duty:

This happens

320). Common law contracts can be written, oral or implied and include quantity, price, performance time, type of work and identity of offer. They can be for a service, employment contract, rental agreement, intangible asset or real estate. A common law contract "does not allow revoking of the option contracts" (S, 2010), but can be modified with additional consideration. "There are four necessary components to make a contractual agreement; an offer, acceptance of the offer, the intention to enter into a legally binding agreement, and consideration" (What Is Common Law?, (n.d.)). Most international business transactions are controlled by contracts with the common law contracts being the more detailed contract that covers all aspects. The common law contracts may require long and expensive jurisdiction processes therefore having an advantage over civil contracts.

For Common Law Contracts the case example 403 S.W. 3d 789 (Tenn. App. 2012)

The transactions the UCC govern are borrowing money, leasing property such as vehicles and equipment, setting up contracts and selling products. There are nine Uniform Commercial Codes designed to make it easier for business sales among different states. "Under the provisions of state Universal Commercial Code statutes, when personal property (equipment, inventory, and other tangible assets of a business) are used as collateral for borrowing, a UCC-1 statement is prepared, signed and, filed" (Murray, (n.d.)). Once the statement is signed by both parties it is binding secure loan with a lien against the property forbidding resale or disposal of property prior to repayment. https://www.thebalance.com/what-is-the-uniform-commercial-code-398505 https://uniformcommercialcode.uslegal.com/ Case review for UCC is 120 Cal. Rptr. 3d 507 (Cal. Ct. App. 2011) where the defendant (U.S. Bank, N.A.) was promissorily estopped from foreclosing on the plaintiff's (Aceves) house after she defaulted on her mortgaged house due to UCC rules.

The UCC is primarily the law in almost 50 states therefore, any entity buying or selling goods locally or internationally will be governed by these codes. It is a buyer or sellers advantage to become familiar with the UCC.