teenagers to sign a contract, though it will not be enforceable unless one has parental agreement. The real question becomes how to distinguish one of validity and voidability. In regards to validity, depending on the age of the child, the signed contract can be invalid because of the age and or consent. Nonetheless, the important point in minors signing contracts is the voidability of the instrument. For the minor has the right to enforce a contract against the creator of the contract, they…
contact with water. Their duty was to oblige with the safety measures and also make aware of the same to their clients and suppliers for a safe and secure environment around them. Once the 2 companies Petrochem and Boris Chemicals Ltd. were bided into contract it became the responsibility of Petrochem ltd to ensure duty of care towards Boris Chemicals Ltd. 2) Breach of Duty – It is now the responsibility of the plaintiff to define that the duty of care was not obliged by the defendant and…
Case 1. Mighty Motors will win this case because the advertisement that they placed in the newspaper did not represent a legally binding contract with a purchaser of their vehicle. As no contract existed there could not be a breach of a contract. Also, the Johnsons did not realize, when they purchased their 2004 auto, that the offer had even been made, and were perfectly content with their purchase when they made it, and they selected their vehicle because it was the one that they desired, not…
conditions in order to sale particular. This may include an agreement or warranty when goods are purchased. Though we can form a contract with anyone under the age of 18 but there are certain factors that a person forming the contract must be aware of. If a minor has to enforce a contract, He/She must fulfill some prerequisites. The most important requirement is capacity to contract because a minor is regarded as not having enough understanding about questions involving contractual rights.…
In view of an enforceable contract five specific elements must be in place. These elements can make the difference between an enforceable or unenforceable contract. According to Seaquist (2012, chapter 9.2), a contract must contain at least one promise that are enforceable, however, not all promises rise to the level of a contract. The five elements need to be present for the contract to be valid. These elements include offer, acceptance, consideration, capacity, and legality. In addition, this…
6. The key elements in a contract of international sale of goods There are some critical aspects that need to be considered by the parties in the international sale of goods. a. Capacity of the parties Capacity is the legal ability of a person to enter a contract. If the buyer is a person, he/she should not be a minor, the mentality disordered, and the intoxicated person. However, if the buyer is a corporation, the person who has authority to sign contracts is usually specified in the…
Her organization recently received a contract from another company who needed to outsource the fabrication of a part intended for a much larger product. Later, after testing of the product was conducted, it was discovered that the product was slightly below the requirements. Lauren conveyed…
Todd v. Alan Negligence Action – a negligence action involves a duty, breach, cause-in-fact, proximate cause and damages. At issue in the Todd v. Alan action is what duty is owed to Todd. Typically, friends invited to stay at one’s house are considered licensees. If Todd was a licensee, Alan was required to warn Todd of all known dangers, including the rotted railing. As Alan did not warn Todd about the railing, he would be viewed as breaching his duty to Todd. However, the facts also…
Obligation implies proprietorship: owning what needs doing and tolerating fault when we cause issues. Duty likewise implies conferring ourselves – to lead, to make, to take care of issues—and afterward finishing. It includes going out on a limb and buckling down. Being mindful can dismay yet in addition fulfilling. Rights and duties are two sides of a similar coin; when we have power or assets, we have the duty to utilize them well. At the point when new assets or innovations give us new…
Finally, in Mainor, the clients claimed that their attorney conspired to deprive their son of his money and as a result he received insufficient compensation. Mainor v. Nault, 101 P.3d 308, 310 (Nev. 2004). They allege their attorney violated the rules of professional conduct. Id. The court in Mainor stated that “An attorney's violation of professional rules of responsibility does not create a private right of action, but is relevant to the standard of care owed by an attorney.” Id. at 321.…