Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
case study business law
case study business law
case study business law
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: case study business law
Legal Case Study Tom agrees to give Ellen private tuition for her Law of Contract examination to held in eight months time. The fee is £300, of which Ellen pays £25, with the balance to be paid on completion of the tuition. Tom spends £50 in the preparation of some printed tuition notes. After two months Tom goes to Spain for a week long holidays at Christmas. Whilst on the holiday he is arrested, having been mistaken for Tim, and detained for two months. On his return he discovers that Ellen has engaged another tutor and is demanding the return of her £25. Tom sues for the balances of the £275. Discuss. How would your answer differ, if at all, if Tom had been detained for careless driving? SUGGESTED ANSWER : In advising Tom it has to be determined whether the contract between Tom and Ellen has been frustrated. And if so what are their right and liabilities. Frustration occurs when without default of either party to the contract, the contractual obligation has became incapable of being performed Amalgamated Investment v John Walker. There are 2 test for frustration. By the Implied Term Theory test there is an implied term in every contract that if the contract is incapable of being performance without default of either party the contract is discharged, B Blackburn J in Taylor v Caldwell. The theory has been substantially replaced by the radical change in obligation test by Lord Radcliffe in Davies v Fareham UDC. Fr... ... middle of paper ... ... Shea The mode of calculating “valuable benefit” under S1(3) was stated by Robert Golf in BP Explorations v Hunt. First the benefit conferred by Tom would be the knowledge that he had imported to Ellen during the two months. Secondly what is the effect of frustration on the benefit ie the value of the benefit now after frustration. Here although the contract is frustrated the knowledge that Ellen had acquired has not been destroyed. Thirdly the court must assess a “just sum” as Robert Goff said the Act is surprisingly silent but the court may take into account the contract sum. Which here is ₤300 Finally the party conferring the benefit will either receive sum representing the value of benefit or a just sum, whichever is lower. Therefore Tom may claim for either 2 or 3 above whichever is lesser.
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.
alimony in the amount of $350 per week, and payments of her counsel fees (Exhibit A).
One-L, by Scott Turow, outlines the experience of attending Harvard Law School as a first year law-student. Turow weaves his experiences with those around him, and intertwines the professors of Harvard law, as well as their lectures. Initially, Turow enters Harvard law in a bit of disarray and awe. As a world of hornbooks, treatises, law-reviews, group studies, and legal terminology unfold beyond comprehension; Turow is confronted with the task of maintaining sanity. Time appears to be the most important variable, as Turow begins to study for contracts, torts, property, civil procedure, and criminal law; because time is so precious, one key-highlight for law-students is to balance family. Moreover, Turow is part of section-1, and two of his
Merriam-Webster Dictionary has a two-fold definition for the word “contract”. A contract is “a binding agreement between two or more persons or parties, especially one legally enforceable” (Merriam-Webster). It is also a business agreement for the supply of goods or services at a fixed price” (Merriam-Webster). John Rawls argues that “an agreement is not necessarily fair even if it is voluntary. To be fair, an agreement must also be made against a background of equality. It is unfair if one of the contracting parties is able to take advantage of the other party because they are stronger, richer, better informed, or simply more powerful” (Sandel 30). The purpose of this essay is to affirm Rawls’ argument because I do agree that entrance into a contract does not mean that the contract is just, especially if one party is perceived to have an advantage over the terms of the contract. To do so, I will use a scenario to prove that if an agreement was made voluntarily, this is not enough to ensure that the terms agreed to are fair. I will also provide possible counterarguments for oppositions that provide criticism on Rawls’ grounds.
In this essay, I will be examining how the court system can fail to deliver justice for particular cases and people’s circumstances, as well as looking at alternatives to court, like circle sentencing, restorative sentencing and alternatives for children to the formal court system, as outlined in the Young Offenders Act 1997 (NSW). Crime is defined in the Oxford Dictionary as an action or omission which constitutes an offence and is punishable by law. On the other side of this is justice; the quality of being fair and reasonable.
Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an officer chasing a suspect during a foot pursuit fired at the suspect, striking and killing an innocent bystander (Justia.com, 2017). The court ruled that the agency was “grossly negligent” of “failure to train” (Justia.com, 2017). As a result, nearly every agency requires annual firearms training and has written policy concerning the same. Officers must show proficiency in firearms use every year to maintain their certification. Many states even impose fines on officers for
room and board, on top of the full time job of school, and sports. But the dilemma is not in the money or in the scholarship itself; instead it lies in the eligibility and ethics of the issues. Take for instance Joe Schmoe, a well-rounded basketball player for the University of Anywhere. Last summer, after graduating from high school, Joe receives a letter from U of A offering him a full ride basketball scholarship starting this fall. Joe, excited as ever and not thinking of the fine print, agrees and leaves that September to attend the University. During that years’ regular season, Joe receives a resounding blow to his elbow and upper arm from a slip and fall ...
Gillett v. Holt The doctrine of proprietary estoppel is an equitable intervention in cases where the enforcement of legal rights is considered by the courts to be unconscionably unfair. The essence of the doctrine arises, as defined by Snell: '[when] one (A) is encouraged to act to his detriment by the representations or encouragement of another (O) so that it would be unconscionable for O to insist on his strict legal rights.' (McGhee, 2000, p.637) In the absence of a written agreement, estoppel acts as an evidentiary tool with which the courts can help ensure fair interaction in property dealings. Proprietary estoppel is a method by which informal arrangements are recognized as being capable of creating proprietary interests.
McOskar Enterprises, Inc. owns and manages a health and fitness center identified as “Curves for Women”. Tammey J. Anderson, the complainant, joined Curves on April 2, 2003. As part of the joining process Anderson signed a release of liability agreement. This agreement released Curves from any liabilities related to injuries that might be sustained by contributing in any activities or through the use of equipment. The agreement also stated that participants agreed to all risks of death or injury that could occur, Anderson read and signed the agreement of terms with Curves. After completing the liability agreement, Anderson began working out under the observation of a Curves’ trainer using the machines within the facility. During the workout Anderson notified the trainer that she began to feel pain in her neck, shoulder and arm, but finished her workout. She continued to feel the pain when she got home and pursued medical attention. As part of her prescribed medical treatment she was sent for a course a physical therapy. In June 2003 Anderson underwent a cervical discectomy, a procedure used to treat nerve or spinal cord compression. After her procedure Anderson sued Curves, claiming negligent acts during her workout. Anderson v. McOskar Enterprises, Inc., 712 NW 2d 796 (Minn. 2006).
The offence Harry would be charged with is William’s murder. The area of Law that this case is concerned with is criminal law (homicide). The two offences that constitute homicide are murder and manslaughter. The classic definition of murder was set by Sir Edward Coke (Institutes of the Laws of England, 1797). Murder is defined by the Law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous bodily harm. It comprises of 2 elements. These are the actus reus (guilty act) and the mens rea (intention).
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
A contract is an agreement, either oral, in writing or inferred by conduct, between two or more persons (the offeror and offeree or promisor and promisee) which is usually intended to be legally binding. A contract concerns 3 main issues, firstly, is there a contract? Secondly, is the agreement one in which the law recognises? Thirdly, when do obligations under contract come to an end and what remedies are there if a contract is broken? (Jones,2015). The question at hand surrounds Sam, who had been offered the opportunity to earn some money for university by helping Jo. But when Sam leaves for university, Jo refuses to pay any money. The following discusses whether Sam has a contract and whether he is entitled to be paid.
Marketing is a system of business activates designed to plan, price, promote and distribute want-satisfying products, services and ideas to customers in order to achieve business objectives. Consumer law protects consumer’s rights in the marketplace as well as fair trading, competition and accurate information. On the other hand, ethical aspects of marketing are about making marketing decisions that are morally right. However, consumer law and ethical aspects of marketing have a lot of advantages and disadvantages in the marketplace, which impacts business 's sales and growth like it happened to: Harvey Norman, Nurofen, apple, etc.
This case mentioned below is a fine example of understanding the Law of Contract in a better manner. (Gerald, 2014).
E.G. Lorenzen, Causa and Consideration in the Law of Contracts (1919). Faculty Scholarship Series. Paper 4560.