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Recommended: Rules of contract law
The laws governing provision reward falls under contractual laws. Ryan (2005) notes that a contract is a “legally binding agreement” between two or more people to perform or refrain from doing an obligation, and from where the law can be applied in case of violation of the contract (p. 3). Morris’s case, however, the contract is unilateral whereby “there is no mutuality of obligation” to do or to withdraw from peforming a certain action (Patrick Cihon, 2008, p. 10). This means that the obligation to perform an action as intended is squarely on the offerer. Morris put notice on a notice board to reward anyone who returned Benji, his lost dog and a Smartphone with HK$10,000. When his neighbor Adam returned the Dog, Morris had an obligation to pay him the reward money, whether Adam knew about the reward or not and whether he asked for the reward or not. This is because by promising a reward, Morris was offering to enter into a contract with whomever returned his possessions. The money offer of HK$10,000 established a contract between him and whomever returned Benji or the Smartphone. Therefore, when Adam returned the Benji and did not receive the reward, Morris breached his own contract.
However, in the case of his son Barry returning the Smartphone, Morris has no obligation of paying
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The accident was as a result of David’s negligence of the fact that he was not qualified to drive a car and that the possibility of causing an accident were, hence, higher. And therefore, David breached a duty of care and standard of care to Charles. Although David is a learner driver, he is required under the law he owes the same standard of care as any reasonable driver. This was established in the Nettleship V Weston (1971) case that a leaner driver has the same obligation as a reasonable driver (Bermingham & Brennan, 2016, p.
The respondent (driver) is required to take reasonable care when operating his vehicle to ensure the safety of the appellant. The primary judge highlighted that "content of this duty depends on the circumstances of the case". However, the respondent breached his duty of care by taking his eyes off the road, violating s 5B and s 5C of the Civil Liability Act (NSW) 2002. The respondent nevertheless is not considered negligent as outlined in s5B (1) if he could prevent the outcome of a risk that was not
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.
There are also many more case precedence of being allowed to pursue this case, Khanna vs Microdata Corp showed the court siding in the case of the Plaintiff when he was discharged from his company providing no “just cause” thus severing the implied–in-law covenant that was established during the course of his employment. I would also like to point out “Dare v. Montana Petroleum Marketing” in which job security and a right to be treated fairly was assumed to of been had (Breach of an Implied Covenant of Good Faith and Fair Dealing.
Max was negligent in failing to warn of Joe of the hazardous door, which caused Joe’s injury.
It is in the best interest of Athletic Directors and coaches to know how the rule of law pertains to athletics, physical education classes and recreation as our society today has become very litigious (Wolohan, 2013). In the case where a tort or wrongful act in which an injury occurred, whole departments, institutions, along with the individual who are in charge of oversight may be sued for negligence (Wolohan, 2013). In the past, it usually was just the individual who needed to be concerned. Hence, because of the increase in civil tort suits associated with athletics which are being brought to our court system to be resolved, sports law has become a major course of study at our colleges and universities (Wolohan, 2013). Therefore, having knowledge of what is or is not a tort, may be helpful to sports administrators in how they manage staff and facilities. Furthermore, the three types of common torts that affect athletic departments are negligence, intentional negligence, and defamation. Hence, examining each further may be helpful to athletic administrators and staff in preventing civil tort law suits.
1. Because the additional terms become part of the contract,In the battle of the forms, all additional terms become part of the contract unless they are promptly objected to, are material changes or are banned by the offer. Katie sent Phil a text asking him to pick up and deliver her new boots. Phil agreed but only if Katie agreed to go out on a date with him and Katie refused. These additional terms (the date) did not become part of the agreement because Katie refused Phil’s advancement.
An elements of a legal contract is legally enforceable agreement. Also All contracts, whether written, verbal, express or implied must have certain elements in order to be valid. People make promises and don’t tend to keep them half the time. For a contract to be forcible several key factors have to be established. Which would be offer , Acceptance, Consideration, Legality,Capacity,Consent,and Writing. Element one The party must show false statement of facts,element two the party must demonstrate that the statement was material or important. Element three the party must also show that a person actually did rely on false statement and that the person reliance was reasonable. Sometimes courts will enforce agreements even if they fail to meet usual requirements of a contract.In the scenario it talks about jim and laura giving stan a 100 dollar deposit for a blue 4 door sedan, stan lets them know that the deposit was garenteeted refundable.Jim and laura the next day decided to change there minds about the car and wanted there money back stan insited to get
The case presented is that of Sam Stevens who resides in an apartment. He has been working on an alarm system that makes barking sounds to scare off intruders, and has made a verbal agreement with a chain store to ship them 1,000 units. He had verbally told his landlord, Quinn, about his new invention and Quinn wished him luck. However, he recently received an eviction notice for the violation of his lease due to the fact that his new invention was too loud and interrupting the covenant of quiet of enjoyment of the neighbors and for conducting business from his apartment unit.
When applying to law schools, it was imperative that I find an institution that offered legal clinics and student groups in the areas I am most passionate about. Thankfully, I discovered what Georgetown University Law Center has to offer. Georgetown Law is home to the Domestic Violence Clinic, Georgetown Street Law Program, and the Harrison Institute for Housing and Community Development. The work of these three programs alone, made it instinctive for me to write this letter to express my commitment to attend Georgetown Law if admitted.
...lled under our social system. X helped Y out of trouble in the past. Now Y owes a favor back to X. However, if Y denies to help X in the future, usage of the word "owe" cannot make Y help X. Again, the moral values of Y are coming into action. The moral values of Y are not forcing Y to help X. In this situation, even if X claims that Y "owe" the favor to X, it is not making a difference to Y. Again, looking at the case we see that X helped Y in the first place without owing any form of favor to Y. It was because X's moral values forced X helped to Y. Thus we see, that the word "owe" had nothing to do with whether X helps Y or not.
Two main sources of law in the common law system are statutes and judicial decisions. The UK’s law inherited from the authority of courts which developed over the centuries, following the ‘stare decisis’ doctrine which built the stability and certainty in the law. This law survived for over a thousand years even in the absence of the statutory regulations in some areas. However, the Parliament as the supreme law-making body has the power to override or change current case law through the legislation but its power has been significantly weakened since signing the European Community Act in 1972. The membership covers some important areas as communication, trade and the human rights therefore influencing domestic law significantly. (OU, 2014, Unit 4)
(P3.1) Liability is a burden or a party who is accountable for the breach. Contrast liability with contractual liability are both on the basis of failure to observe a duty imposed by law. One of them is an agreement and the other is by duty of performing and acting in a reasonable matter.
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)
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,
A valid contract is an agreement including promises made between two or more parties with an intention of certain legal rights and legal responsibility that are enforceable. For there to be a contract – that must contain four essential elements- offer, acceptance, intention to create legal relations and consideration.