Forward contract

emailed to Bob. After sending his acceptance by letter, Bob then decides to withdraw from the contract and uses a more direct method of communication i.e. a message on Carl’s answering machine, to do…

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…

a clause in the reference document, it does not inevitably follow that that clause will be incorporated into the reinsurance contract. The clause could be entirely inapplicable in the reinsurance contract. Due to this, the courts have developed rules that have to be met, so as to ensure that only appropriate and applicable terms are incorporated into reinsurance contracts. As explained by Thomas (2015, p. 46), “In HIH Casualty & General Insurance Ltd v New Hampshire Insurance Co [2001] 1…

Candy and Blair -Coffee beans supply contract Issue A: Can Candy get out of the supply contract early just as Blair promised? Candy will get out of the contract early as long as she can successfully raise an estoppel against Blair. The law of estoppel stops a party from unconscionable conduct, this is often known as promissory estoppel, a party will not be allowed to say that no contract exists because of lacking consideration . However, if a plaintiff wants to raise an estoppel successfully, a…

Contract One of the major contention points in this case of Mason v. R&G is the question whether a contract exists at all between the parties. In order to ascertain the validity of the contract, the elements of a valid contract in the state of Georgia must be carefully examined. The Code of Georgia, § 13-3-1, clearly states that in order to constitute a valid contract, the following elements must generally exist; there must be parties able to contract, a consideration moving to the contract,…

Discuss fully whether the contract between the Palermos and Colorado Carpet was primarily for the sale of goods or the sale of serv¬ices. The contract between the Palermos and Colorado Carpet was primarily for the sale of services because the Palermos orally agreed to the purchase and installation of the carpet. After Colorado Carpet had begun installing the carpet, Mrs. Palermo was dissatisfied. Therefore, the installation of the carpet is part of the service in the contract. B.…

O’Neal was employed by the Colton School as a teacher, which was valid though a contractual agreement between these two parties. When O’Neal attempted to replace the original contract with a substitute agreement, he did not follow the correct rules of modification. When the Colton School fired O’Neal for nonperformance, they were acting within the limitations of the law. O’Neal’s later legal action against the Colton school will argue that his condition excused his nonperformance. This, however,…

What it means to be a Mother The term Mother is in reference to a woman who takes responsibility for children who may or may not be biologically related to her. Yet to truly be a mother means to be so much more than just a woman with a child. The importance of being a mother is practically unending; it is maybe the hardest, most rewarding occupation a woman will ever encounter. Mothers have many roles to help them perform all the tasks required in the development of their children, as well as…

commonly included clause in a contract that is intended to save the parties from legal reparation should they fail to fulfil their obligations because of an “act of god” or natural disaster. Force Majeure, a film by Ruben Östlund, provides the perfect example of the contract made in marriage not carried out when one of the main characters, Tomas, abandons his wife and children in the wake of an avalanche. Euripides’ play Medea also depicts a broken marriage contract when Medea’s husband Jason…

separate commercial contracts which have been entered into. Different legal issues have affected each contract but on the whole there are three main elements which can be identified, these being, of breach of contract, frustration of contract and a failure with regard to the perfect tender rule. Each contract will be considered separately using legislation and relevant case law to come to a determination as to what remedies are available in relation to each of the contracts in question. After…