Offer and acceptance

store there needs to be elements that back up the proof. A contract consists of four different elements: agreement, consideration, contractual capacity, and a legal object. The agreement “consists of an offer b one party, called the offeror, to enter into a contract and an acceptance of the terms offer by the other party, called the offeree.” (Kubasek, 2012, p.304) The agreement could be done as a verbal agreement or even a written agreement between both parties involved setting in stone what…

invoke promissory estopple, three elements must be fulfilled. The first element is that the promisor makes a promise that they believe will increase the likelihood an action they want will occur. In the case, this requirement is met when Aunt Jennie offers Jeremey $40,000 to go towards his first-year law school tuition and living expenses. Aunt Jennie believes that the $40,000 will entice Jeremey to attend law school, which was presumably Aunt Jennie’s goal. The second element is that the…

1. When Asserting a Legal Principle Example: Intent is a required element of the plaintiff’s claim. Crenshaw v. Baldwin, 115 Cal. App. 4th 553, 557 (1979). 1. When Referring to or Describing the Content of an Authority Example: In an earlier opinion, the court held that intent was irrelevant. Crenshaw v. Baldwin, 115 Cal. App. 4th 553, 557 (1979). Example: The court reasoned that “the state of mind of the defendant had no impact on the extent of the damages suffered by the plaintiff.”…

Agency can be defined as the “fiduciary relation which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent by the other so to act” (American Law Institute, 1958) Agency involves three parties, the Principal, the Agent and the Third party. The agent is the party that acts on and conducts transactions on behalf of the principal, commonly through a contractual relationship between the two. There exist…

The Geneva Protocol (Articles 2) dealt with the arbitral procedure and provided for the procedure, including the constitution of the Arbitration Tribunal, to be governed by the will of the parties and by the law of the country in whose territory the arbitration takes places. The Geneva protocol required each contracting state to .undertake to ensure the execution by its authorities and its accordance with the .provisions of its national laws of arbitral awards made in its own territory two…

Introduction There are two issues on which Stephanie requires advice - whether the barge is a chattel or a fixture and whether there is a valid contract in place between herself and Wangle. If the barge has become a fixture of the land and the contract meets all the necessary formalities, then Stephanie may have a legal right to the barge and may have a cause of action against Wangle if he refuses to go through with the transaction. Distinguishing between Chattels and Fixtures The Law of…

When people think of compromise, they normally think of an agreement. In this agreement, the two parties usually have to give up some interest and move toward a middle ground. “The Compromise of 1850 was an attempt to try and find a middle ground on many of the issues that were affecting the United States” (Compromise of 1850). “The main principle of the compromise was to address the growing issues of slavery and possibly avoid a Civil War in the United States” (Urofsky). Sometimes, however,…

The Islamic Solution (Qardh-Ul-Hassan) Qard-ul-hassan (QH) is a voluntary loan without the lenders expectation of any payback principal. Furthermore, at the same time as, the nonpayer an obligation to return the principal, the lender is urged, according to a number of the sayings of the Prophet (pbuh), not to press the debtor if he/she is unable to repay at the specified deadline. For example, verses (2:245, 5:12, 11:57 18:57, 17:64 and 20:73) in the Quran explain in detail about those issues.…

information provided to us readers. Once the court is presented with the case of Chopra v. U.S. Professionals, officials can determine that it is most certain that a breach of contract has taken place, especially since USP extended Mr. Chopra the employment offer on an H-1B visa. 2. And Why? According to the textbook, breach of contract is defined as, “Being established by a failure to live up to binding promises, regardless of intent. Breach of contract claims involves promises made about…

1. Proposal. This Agreement is entered into by and between Sitter and Client, each as set forth on the Proposal when signed by both parties will become a binding part of this Agreement. Each Proposal will be governed by the Basic Terms and Conditions, but in the event a provision of the applicable Proposal contradicts any provision in in the Terms, the applicable Proposal will govern the ______*. 2. Services. The Sitter agrees to provide the services set forth in the applicable Proposal 3.…