Contract is an agreement between two or more parties that is indented to be legally enforceable. A contract can be in writing or made orally and can be entered into by signing a document, agreeing to something on the telephone or clicking on ‘I agree’ on a web page. There is a distinction between B2B (also know as, business to business) and B2C (business to consumer) contracts. In its simplest form, B2B refers to transections between two businesses where both the buyer and the seller are…
Question A. Yes, this is an enforceable contract. Postal rule is one of the rules of contract law that makes an exception to the general rule that an acceptance can only occur when communicated directly to the offeror. This is considered a legal binding contract as the acceptance match with the offer. It is an enforceable contract due to reasons mentioned below. 4 elements of a contract The elements to create a legally binding contract are as follows; 1. Legal capacity – a person above 18 years…
Introduction Offer is the first step if you want to constitute a contract. Without offer there is no acceptance and without acceptance there is no contract. There are two main types of offers, which are, the bilateral offer and the unilateral offer. A bilateral offer is an offer given to a specific audience and it targets a specific group or party. While, on the other hand, a unilateral offer is an offer proposed to the public in general and is accepted through conduct or performance. From a…
In contract law, evocation means an offer is withdrawn by the offerer. The general rule was established in Payne v Cave that an offer can be revoked at any time before the communication of acceptance is complete. Nevertheless, once the offer is accepted by the offeree by post, specifically, letter, the postal rule would strictly apply and would not permit such withdrawal. Contrary, once the offer is accepted, it cannot be revoked or else, the it would be considered as a breach of contract.…
To state a claim under the Americans with Disabilities Act (the “ADA”), the employee must show he is a person: (1) with a disability, as defined by the ADA; (2) who is qualified, with or without reasonable accommodation, to perform the essential functions of the job; and (3) who has suffered discrimination by an employer because of that disability. Olsen v. Capital Region Med. Ctr., 713 F.3d 1149, 1153 (8th Cir. 2012). " EEOC v. C.R. Eng., Inc., 2011 U.S. App. LEXIS 8971, *20 (10th Cir. May 3…
In the states that have bail as part of their legal procedures, the bail bonds process is normally regulated by the state itself. In some cases, the regulations and laws that govern the department of insurance also apply to bail bonds. Different states have different concepts and rules to govern the bail process. The criteria that one state may use to apply the process of bail bonds might not be similar or applicable to another state. This has made it very difficult to find information about the…
A crucial component of a legally enforceable contract is that the parties to a contract must be competent. A competent party is an individual who is of legal age and has at least normal mentality considered by law to be capable of comprehending the meaning of a contract. Throughout time, the law has always attempted to protect young people from adults who may attempt to take advantage of them. An individual is not bound by the terms of his or her contract until he or she reaches the age of…
Before confirming that the parties have satisfied the required formal elements of a contract, a most important issue to consider is whether both parties have capacity to enter into a contract. In Alan and Bridget (parents) condition, Carlos (son) Company was in loss and was not able to repay the loan, decided to take a refinance, assuming the refinance will help the company comeback to its normal condition. Capacity states, the legal ability of the party to enter into a contract. Law will not…
Prez Mike called the meeting to order at 2:05 pm. Prez Mike asked that the minutes from the last meeting be read to the Brothers. As the minutes from the last meeting was being read I, along with the Prez noticed that there was some things that needed to be change. So the Prez informed the Brothers that we would revisit the minutes from the last meeting. Prez then asked for the financial report from Brother Money. Financial report at this time is $2234.15 in checking, 1509.84 in saving.…
Assignment 1 Contract Problem Case Study Introduction The contract is a voidable contract. It is an express and implied understanding that the agreement was legally binding, meaning that, it would be enforceable by the courts if the parties took legal action to resolve the dispute between them. This case is a contract case since both parties have come up with the business agreement. That is, LNPL will provide service to Mr Garae and Mr Garae in return will pay for this service offer. Mr Garae…