Contract

Listing—Your Contract with your Agent If you sell with an agent there is an earlier 2nd very important contract you enter into, before your contract to sell the property to your buyer. This is the agency contract. This is the most important to your agent because once signed, about 90% of properties offered for sale do eventually sell It is common for some agents’ business to be concentrated more on obtaining listings and selling off those listings (commonly for about 40% of the agency…

Business Tort and Contract Law Question 1 I. Dam Good as a business entity may be legally liable for the death of the pilot and the four passengers on board under ordinary and strict liability negligence. If the elements of these heads of tortious liability can be proved on a preponderance of evidence or on a balance of probabilities, then the estates of these victims could successfully claim from Dam Goods. According to Owen, in order to successfully prove liability in negligence, plaintiff…

agreement, through contract to receive a 30% bonus over his current wages for agreeing to sail back to New Zealand. In order for a contract to form it must meet the elements of a contract such as intent to create legal relations, offer, acceptance, valuable consideration, and certain terms (NZII). In the case of Olley v. Marlborough Ltd it was held that the contract for the room was made when they checked into the hotel at reception. There was a notice which was introduced after he contract had…

Generally, contracts do not have to be written down to be legally binding. Most of the everyday contracts we make, such as buying a ticket for a movie or going to the doctor, are not put in writing, but they are still legally binding. There is no need for a written agreement, because everyone understands what their obligations are. An oral contract is just as legal and binding as a written one, although sometimes it can be harder to prove exactly what was agreed. It may be advisable to put a…

society that will occur and effect plans that are currently in place contract wise. Those obstacles can generally be resolved with little to no hesitation, but some can become a bit more challenging. For those that become more challenging, they quickly move from the area of being identified as obstacles to being considered damages. With that being said, punitive damages are “generally not awarded in an action for breach of contract,” according to Roger Miller. As many people prefer to be…

The social contract is an intentional arrangement whereby individuals, groups, government, as well as, socialites share mutual benefits. It is defined as an individual’s political roles as well as morals in regards to the agreement that is made by such individuals in establishing a society where they reside (Lessnoff, 1990). The theory has been discussed by various philosophers and scholars such as Hobbes and Rousseau, who have indicated that social contrasts have defined the community today.…

A contract clause is a specific section or provision included within a written contract. Each clause in a contract is included to address a specific piece of the overall deal being set down on paper. The contract clause is meant to clearly define the various duties, rights and privileges provided to different parties involved in an agreement as designated under the contract terms. In most contracts, these clauses can be found at the end. While the contract clause can be in many different forms…

1. Yes, they are entitled for their work done. Even though there wasn’t any type of contract between the Chesneys and Stevens, Stevens was aware of the work that the Chesneys were doing and according to the theory of a Quasi-contract they should receive a compensation for their work. It would be unjust that Steven keep all the benefits from Chesneys’ work and don’t payed them anything. 2. Since it was a contract between Tindall and Konitz and Konitz agrees to pay Tindall $138,629 for his…

forming an enforceable contract. Generally speaking, a contract is an exchange of promises between individuals. When intending to create a contract, it is significant for both of the parties to recognize when they have entered one, in order to avoid the consequences. Each side of the parties must have a “meeting of minds,” meaning a mutual assent; their needs to be an offer and an agreement to have a legit contract. Also, a consideration is another great factor that makes a contract legally…

Particularly, the most important elements to determine whether the contract between TimberCo and BuildCo is enforceable are the agreement. A business or commercial agreement is usually intended to make a contract so as to TimberCo and BuildCo. Basically, the agreement will involve an invitation from an offeror to the parties it was intended to enter a contract and accept by an offeree who received the invitation. In this case, TimberCo is the offeror and BuildCo is the offeree. Under rules on…