English contract law

Our firm represents Jackie Smith, former lessee at the Palace Apartment Complex in Richmond, Virginia. In October 2012, Ms. Smith signed a written lease to rent a unit in the Palace Apartment Complex. Upon signing the lease, Ms. Smith paid a required security deposit in the amount of one month’s rent, or $1200. Ms. Smith rented the apartment for two years and vacated in October 2014 at the end of her lease. We are requesting the return of Ms. Smith’s security deposit in the amount of $1200. As…

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…

1. Name three specific cyber issues that have necessitated new laws. 1) Credit card fraud. 2) Cyberstalking. 3) Theft of intellectual property and Identity theft. 2. What are the elements required to form a contract?  Offer and acceptance: • Offer must be specific, complete, capable of acceptance and made with the intention of being bound by acceptance. • An acceptance is a final and unqualified expression of assent to an offer that is made in response to an offer and corresponds with the…

its arrival. The email is followed by a fax that counter-offers the initial proposed price. The offer Firstly, it should be discussed if the proposal constitutes an offer or an invitation to treat. If it contains sufficiently clear terms to form a contract and if it indicates that the party is prepared to be bound, then it constitutes an offer. On the other hand, an invitation to treat would normally indicate the maker’s disposition to receive…

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…

Governing Law. This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of California. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in California, as applicable, for any matter…

The legal position of both parties are dependent on whether or not a contract is formed. In this case it must be examined if both Ellie and Hasla had an intention to form legal relations with each other. The intention to create legal relations is defined merely as two or more parties who agree to be bound by the law in an agreement. This doctrine must be differentiated between commercial agreements – where an intention is generally presumed – and social agreements, where courts have agreed are…

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…

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…

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…