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A contract is a written or spoken agreement, especially one about employment, sales, or real estate, which is intended to be enforceable by law. In order to form a legally binding contract the general requirements of a contract must be present, for example there must have been an offer, acceptance and an intention to form a legally binding contract. Without all of these elements a contract will not be legally binding. If all these elements are in place a contract will be legally binding, however, the law presumes that certain people do not have the power to enter into a contract, as is the case with Nancy. A contract entered into with a minor is voidable. This means that a minor is able to cancel any contract at any time prior to reaching the age of majority and for a reasonable time afterwards. A minor can only avoid a contract during his minority status and only for a reasonable time after he reaches the age of majority. After a reasonable period of time, the contract is deemed to be ratified and cannot be avoided. Nancy was a minor when she entered into contract with Donna. The first right granted to minors in contract law cases is the right to disaffirm. Disaffirming occurs when the minor states, either verbally or by their …show more content…
Does that make the covenant not to compete unenforceable? Many feel that the employer is terminating the employee and saying they are worthless and therefore how could the employee working for a competitor be a risk. Also, does it allow David to “have his cake and eat it too”? Another factor to consider when deciding if the convent not to compete is enforceable would be the 3 year time period that Barbara would not be able to seek employment in NY, NJ or PA. 3 years is a long time that would impact Barbara’s ability to make a living. Barbara could use either defense, if not both, to sue David for
Non-compete agreements are usually found in employments contracts in where a company wants to prevent their employees from working for a competing company. The focus of the non-compete agreement is to protect a company’s business interest and trade secrets but, a non-compete covenant must be laboriously drafted to follow the state’s regulation in order to be enforced in court. There is an enormous discrepancy when it comes to cases that deal with non-compete agreements since it deals with revising if the non-compete agreement was lawful to begin with; courts do not have a consistent approach to this. A lot of companies request the courts to enforce the covenant but, in most cases, the agreement is unenforceable due to the unethical and unlawful
The minor's parent or legal guardian will provide the written consent required in the presen...
In pediatric cases, the parents/guardians are initially given the right to make decisions for their minor
The adult age requirement in the US is 18 years old by law. If you are under the age of 18, you cannot vote, rent a hotel room, or even purchase a lottery ticket and you are considered a minor. In some cases though minors are convicted as adults, go to adult prison, and get life without parole. The courts deem these minors the worst of the worst and they are untreatable and are not capable of rehabilitation just like Nathan Ibanez, who murdered his mother and is serving life without parole. Juveniles have gained more rights from the Supreme Court in the three following cases: in Kent v. United States it was determined juveniles must have due process, in the case In re Gault it was determined juveniles must have access to a lawyer and know
In this dilemma, I must decide whether to honor the requirements contract with Marshall Peterson, a mutual friend and a business partner or sign an output contract with a Texas company and potentially double my business profits. Until now, Marshall and I have seemingly enjoyed a profitable business relationship that has always been based on mutual benefit and trust. Although, Marshall often tests the trust in our business relationship by not honoring the terms of the invoices. Marshall and I had an implied contract until he convinced my minor son, at the time, to sign a requirements contract. An implied contract is a contract that arises not from the words of an agreement, but from the conduct of the parties (Kubasek et al., 2016). Prior to
Teenagers still should have the chance to grow up and to experience “love” and relationships without their life being jepordized by other parents because they are unhappy about their children's relationship. In other words, they should not be considered an “adult” because they really do not understand the law or what is actually going on in life. Twenty years of age would be more of an appropriate age that people can actually be considered an adult.
According to most legislation, a person under the age of eighteen is not considered an adult. It has been proved that a person does not mature mentally until about age twenty five. Many basic adult rights are not granted to juveniles because they are not responsible enough to assume the role of an adult. It goes without saying that the law regards those under the age of eighteen as minors, and so these minors shall not ever be treated as an adult in a court of law. Three basic reasons that minors should not be tried as adults are the decreased mental capacity of juveniles, the basic adult rights that are not granted to juveniles, and the fact that prison is an unsuitable environment for minors. Juveniles and adult do not have a parallel mental capacity; therefore, a juvenile should not be tried as an adult in a court of law, and should instead be subject to separate age-specific judicial procedures and legislation.
Guilty! As the gavel hits the sound block, everyone is amazed at the verdict. This teenage boy is sentenced to a life in prison without parole. As you read this in newspapers, magazines, and even online, what goes through your head? You may be thinking, “Why is this teen being tried as adult, he is just a kid?” While he is “just a kid”, and this is a widely held opinion, but it is not mine. Should minors who commit violent crimes be tried as adults? Absolutely. Just because minors are young they do have the ability to know what is right from wrong. Since these minors have committed the crime, they need to be held accountable. If a minor has acted as an adult, they need to be treated like adults. Lastly, minors need to know that their actions have consequences, no matter what age.
Minor, a term that means “lesser in importance, seriousness, or significance.” However, many people misuse this term when they talk about “minor’s” or “a person under the age of full legal responsibility.” It is true that minors can be individuals that are younger in age, however, people use the term of lesser importance to refer to the younger generation as well. This is segregation, or “the action or state of setting someone or something apart from
Second, to ensure that parental rights are enforced; minors should need parental consent to obtain an abortion (Earll). Parents are legally responsible for the well-being of their children. They are responsible for giving th...
If the elements of a contract did exist between these parties, there could still be some possible reasons why a contract might not be valid based on facts not present in the scenario. For example, if Sam was a minor at the time he made the agreement with the chain store, the contract would not be valid because of contractual capacity. Per the law a contract by minors is voidable by the minor itself. Other reasons that would deem a contract invalid are lack of genuine assent, which means that the accepting party entered the agreement under fraudulent circumstances, duress, undue influence and/or misrepresentation. Moreover the validity of the contract could be hindered due to lack of proper form. This typically refers to
17 year old Cassandra, a minor from Connecticut who suffers from Hodgkin lymphoma, can legally be forced to undergo chemotherapy after she explicitly expressed that she does not want the treatment. The Connecticut Supreme Court ruled that she was to have no say in the decision. A minor’s right in a medical decision is a controversial issue in today’s society. Many states have laws that allow minors to make their own medical decisions, while others are strictly against it. Minor decision advocates argue that if the minor seems to have a full understanding of their decision, then it should be carried out.
This case mentioned below is a fine example of understanding the Law of Contract in a better manner. (Gerald, 2014).
The basic law of a contract is an agreement between two parties or more, to deliver a service or a product. And reach a consensus about the terms and conditions that is enforced by law and a contract can be only valid if it is lawful other than that there can’t be a contract. For a contract to exist the parties must have serious intentions, agreement, contractual capacity meaning a party must be able to carry a responsibility, lawful, possibility of performance and formalities. Any duress, false statements, undue influence or unconscionable dealings could make a contract unlawful and voidable.
A contract is generally considered to be an exchange of promises or an agreement between parties which in due course legally binds the parties; this can be enforced by the English Law. A contract is always, referred to the basic foundations of Contract Law, which refers to promises being kept amongst two parties. It is clear that all people make contracts nowadays and do not even consider for a moment that they are forming contracts; these can be formal or informal, oral or written.