Contracts are everywhere. They are a part of everyone’s daily lives. Learning what constitutes an enforceable contract was very useful. A contract, is a promise that is supported by a benefit, or a bargain. This promise, or offer, has to be clearly accepted and the parties need to share a common intent and understanding of the formation. The offer cannot be an invitation. It must be a clear intent to enter into an agreement by the offeror. It must state the consideration in its terms and…
In reviewing the contract with Marshall Peterson there are a number of elements to contemplate from a business standpoint and a spiritual perspective. As a business owner, I would have to look at the business aspect to see if a contract truly exist once my 17 year old signs a contract, furthermore, the initial verbal contract between my business and Marshall’s business. Marshall facilitated in selling and advertising my family’s Muscadine grapes at his business. Marshall increasingly upped…
the analysis of the philosophical works of Pateman’s, The Sexual Contract and Rousseau’s, The Social Contract, these modern and pre-modern authors have given us an understanding of the patriarchy and how it applies to our modern societies. Throughout human history, social groups and societies have developed patriarchal ways of ruling. Although we have progressed, certain characteristics in the modern time like the marriage contract and the political atmosphere prove to show that our society is…
Grocery, Inc. should win the breach of contract suit against Company A. The renovation contract covers the quality of workmanship that Grocery, Inc. agreed to when hiring Company A. The subcontractor B used by A did not meet the criteria of the contract. Additionally, Company A unilaterally decided that to finish the job was impossible. In actuality, Company A overscheduled construction jobs during a six-month time period which was a preventable situation that is the fault of Company A…
there are no consequences as he is not contractually bound by the call. The issue raised by the question is whether Sally’s call constitutes an offer. If it does, Ron’s answer of the question is an acceptance of the offer, in result to an existing contract between the parties. However, if Sally’s call is only an invitation to treat, there is no contractual bound between the parties, because Ron’s answer of the questions will not be the acceptance of an offer. In fact, Sally’s call would…
Based on the facts of the case we can infer that the buyer and the seller have a contract. A misrepresentation is a false statement made by one party in a contract, for example my textbook is brand new when in fact it’s twenty years old. This would be a misrepresentation. Misrepresentations make a contract voidable because it causes one party to enter into a contract under a fictitious statement. The four elements of misrepresentation are: a misrepresentation has occurred…
: Does a contract exist between Johnny and Marie? Law: In accordance with the general principles of contract law, a contract is a legally enforceable agreement between two or more people. For a contract to establish, there must be a/an: • Agreement between the parties. - One person (offeror) makes an offer. - The other person (offeree) accepts offer. - Offeree communicates acceptance to the offeror. • Intention of forming legal relations between the parties. - an…
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…
An implied contract may be created in several different ways. Oral assurances by a supervisor or employer representative (e.g., “We need good people around here, you’ve got a job for life!” or “We don’t dismiss employees without giving them a chance to correct their behavior.”) may give rise to an implied contract. Likewise, the employer’s handbooks, policies, practices or other written assurances may create an implied contract. As a manager and supervisor of an accounting department,…
devices and has received a letter from the store asking for the agreed upon units promptly. A few factors need to be considered in order to conclude a valid contract has been made between Sam and the national store chain. First, an agreement must contain an offer and acceptance. There must also be consideration, capacity and legality for a contract to…