Contract law

sign a contract with Marshall, nor did I authorize my son to enter into an agreement with him. An early 1900’s court case, Alexander v. Bosworth, concluded, "Party cannot be bound by contract that he has not made or authorized" (1915). My family can pursue some possible legal defenses in the event that Marshall seeks to take legal action using this contract as his defense. Our defense would be that Marshall entered into a contract with my son, without my knowledge, and that the contract is…

Generally, when discuss a question about contract it should take 5 issues into account: Firstly, are the plaintiff and defendant in a contractual relationship? Secondly, can the plaintiff get damages for breach of contract? Thirdly, can the plaintiff “get out” of the contract? Fourthly, can the plaintiff end the contract? Finally, are there any alternative remedies available to the plaintiff? In this question, it will be examined one by one. As it notes that a contract is an agreement (or set…

Lucy took the contract serious and therefore Zehmer must keep the specific performance of the contract. The Defendant had had a few drinks whilst executing the memorandum. Plaintiff took the memorandum and offered a $5 deposit to the Defendant which was refused by him. He didn´t ask the Plaintiff to give the…

Unconscionable conduct may occur due to contract been void where one party has taken advantage unfairly towards other party example case : Blomley v Ryan (1956) CLR 362 (BOOK). There is a need for having two elements within unconscionability. Both of these element have to be presented for proving the validity of the contract. These are substantive unconscionability and procedural unconscionability (Dobbs 2002). The procedural unconscionability…

The buyer seems to be guilty of deception, since business has been done with the supplier for some time and no previous mention had been made of a contract. However, at a time when the supplier’s under aged son is making the delivery, the buyer tells the son there is a paper he needs to sign and deceives the supplier’s son into thinking the paper that needed his signature was just a formality. The buyer seemed to be aware that the demand for this product was going to escalate. In an effort to…

Did Jergins accept First Texas;s offer? In the Glossary on page G-15 of Business Law, The Ethical, Global, and E-Commerce Environment (2016), it defines offer as, “A proposal by one person to another that is intended to create legal relations on acceptance by the person to whom it is made.” (Mallor, Barnes, Langvardt, Prenkert, & McGrory, 2016, p. G-15) According to Leagle.com (1986, March 12) Yes, Ms. Yvonne Jergins accepted First Texas offer by completing the entry form and deposited it with…

dollars. The house was inspected by the defendant who asked the plaintiff’s real estate agent if the home had termites. The real estate agent informed the defendant that there was not a termite problem in the home. Later, the defendant’s brother-in-law asked the plaintiff if there were termites in the house and the plaintiff said no. Before the defendant signed the sales agreement, he inquired again if there were termites in the house and if an inspection was necessary, the agent restated that…

situation is analyzed in a systematic manner, one can say that Ricky’s advertisement can be considered as an offer and an invitation to treat. By using apt laws in the below order it can discussed to justify. Issue: The advertisement given by Ricky can be categorized as a unilateral contract; an offer deemed to the whole world. Law: Unilateral contract can arise if the commercial is deemed to be an offer to any human who is capable of meeting the conditions. Case: By taking the case Carlill v.…

party is entitled to judgment solely as a matter of law, then the judge must grant summary judgment. Id. at 250. Plaintiff #1 admits to making the online purchase of the generator. He admits to seeing the hyperlink, ignoring it, and clicking “ACCEPT AND PAY.” Plaintiff #1 does contend that he did not agree to the terms of the disclaimer. (Deposition of Richard Imry, p. 5, line 3). However, this is not a question of fact, but rather a question of law. B. The hyperlink’s admonition to view the…

existence of a contract of continuous supply, may or may not be valid. The first and foremost issue is the fact that the contract was signed with malicious . Many contracts that are signed by minors are not valid unless the have the parents signature also. Another issue that must be considered is the fact that his son had no Contracts The contract that Marshall had your son sign may be considered invalid on a wide variety of fronts. The first and foremost being a minors capacity to contract.…