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  • The Elements Of A Valid Contract Between Sam And The Chain Store

    As the paralegal reviewing the case, the elements of a contract must first be reviewed to establish if there is a valid contract between Sam and the chain store. As described in the textbook, “Contracts are a promise or set of promises for the breach of which the law gives a remedy or performance of which the law in some way recognizes a duty” (Kubasek, pg. 305, 2009). Valid contracts exist if four elements including the agreement, consideration, legal object, and contractual capacity are met…

    Words: 1328 - Pages: 6
  • Contract Law: The Universal Commercial Law

    1. Define a Contract A contract is promise for the breach of which law gives a remedy or the performance of which the law in some way recognizes a duty (Goldman and Cheeseman 492). An example of a contract could be a promissory note for a loan on a home or car. 2. Define an offer. Who is the offeror and who is the offeree? The offer is a manifestation by one party’s willingness to enter a contract (Goldman and Cheeseman 493). The offeror is the party who makes the offer while an offeree is the…

    Words: 862 - Pages: 4
  • Daubia Sales Contract Case Study

    ISSUE: RESPONDENT has valid grounds for avoidance of the Sales Contract on 7 July 2014 and 9 July 2014 B.CLAIMANT did breach the Sales Contract on 4 July 2014 and 8 July 2014 I. CLAIMANT breached the Sales Contract for the inconsistency between the Sales Contract and the letter of Credit opened on 4 July 2014 1. The CISG applies to the merits of the case at issue Pursuant to Article 20 of the Sales Contract [Cl. Exh.1, p. 7], “The contract, including this clause, shall be governed by the law of…

    Words: 1469 - Pages: 6
  • Texas Contract Law Case Summary

    Jordan, Here is my preliminary analysis based on Ms. L 's allegations, the contract images, and a review of Texas Contract law. Based on the language and the images of the contract, I don’t believe there are any defenses specifically stated. There is no termination clause that would allow Ms. L to end the agreement. Additionally, it doesn’t appear that there is a breach of contract with regard to the services that Ms. Lowe was to receive. Ms. L may have a claim for fraudulent inducement.…

    Words: 703 - Pages: 3
  • The Social Contract In Lord Of The Flies

    “Everyone living under the social contract we call democracy has a duty to act responsibly, to obey the laws, and to abandon certain types of self-interested behaviors that conflict with the general good,” (Simon Mainwaring). Mainwaring explains the purpose of the social contract by mentioning the types of traits who conflict with society and prevent it from reaching its ultimate goal, or “common good.” To avoid these behaviors Mainwaring mentions everyone within society must follow the rules…

    Words: 1576 - Pages: 7
  • Contract Analysis: Case Study: Biblical Obligation

    Contract Analysis: Case Study The Marshall situation may be complicated since there is an implied contract as well as a written contract involved. I would ensure an end of the agreement first through Biblical approach then if necessary by legal means. My son was still a minor while signing the contract and I was entitled to knowledge of the written consent before the signing. Even though Marshall is not a Christian, Proverbs 15:31 (NIV) applies to those in the wrong, “Whoever heeds life-giving…

    Words: 1070 - Pages: 5
  • Charles Mills's The Racial Contract

    Charles Mills’ first words in his book The Racial Contract, were “white supremacy is the unnamed political system that has made the world what it is today” (Mills, Pg. 1). With that one statement, Mills eluded to an idea that most people had previously chosen to ignore. The fact that he called it “unnamed” is important because Mills critiques the social contracts of multiple well known political theorists in order to prove that they have all in their own ways tactfully excluded non-white races…

    Words: 1406 - Pages: 6
  • The Similarities And Differences Between Emma And Tony Under Contract Law

    Contract can be defined as two or more groups reach a consensus with the condition of intention of necessary legal rights and the forced obligations by laws. There are two formats of contract, one is formal which is valid as a result of particular form, the other form is simple which is no specific form. The main difference of these two is whether the contract need to be supported by consideration or not. Power of Attorney which can be seen as an example of formal contract is enforceable…

    Words: 825 - Pages: 4
  • Hobbesian Social Contract Analysis

    choice of whether to enter into a Hobbesian social contract, would it be in his best interest to do so? In this essay, I will summarize the conditions of both the State of Nature and rule by a Hobbesian sovereign as well as present the benefits and detriments of both states of life. Having presented the facts of the choice, it will be evident that the man in the State of Nature should, according to his best interest, agree to the social contract. The State of Nature which the man is in while…

    Words: 1608 - Pages: 7
  • The Social Contract And Discourse On Inequality

    Jean-Jacques Rousseau, an influential philosopher and writer during the enlightenment of the 18th century, explicitly expressed his view of slavery and alterity in two of his well-known works, The Social Contract and Discourse on Inequality. In The Social Contract, Rousseau supposes that man is born free, and no man should be able to rule over another , while simultaneously summarizing and refuting opposing claims made by relevant and significant philosophers before him. Jean-Jacques Rousseau…

    Words: 1526 - Pages: 7
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