Contract law essay

Contract law essay

Contract Law Essay Example,Find Free Essays

WebApr 29,  · Law of Contract The word "Contract" means a legally binding exchange of agreement or promises between two parties which the law can enforce. Contract WebNov 4,  · Principles of Contract Law Contractual relationship is a widespread and varied phenomenon which is pervasive in all world’s languages. Contractual relationship WebAnswer B to Contracts Essay One RIGHTS It is fairly clear from the facts given that an effective contract has been formed so as to bind the parties. Betty asked Art to drill a WebContract Law A contract, by definition, is an agreement by two or more parties, which is intended to be legally binding and supported by consideration. All contracts must have WebIntention to create legal relationship: A contract requires that the parties aim/propose to enter into a legally binding agreement: i.e; the parties entering into the contract are ... read more

This paper discusses contract law and forming contracts on the Internet. It summarizes the basic tenets of forming a binding contract, as well as the appropriate method for achieving this on the web. The case Hines v. The Australian law of copyright is a very interesting topic. It has changed over time, along with the Australian government. Nowadays, it is close to other country's copyright regarding laws and is very complex, with many [ Over the years the law on Intention and Recklessness had been under academic scrutiny and criticism for being inconsistent. Several adaptations were introduced in the evolution of the law making it more settled such as the [ Rule of Law has always been championed as one of the building blocks on which the modern society rests.

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This essay was donated by a student and is likely to have been used and submitted before. Sorry, we could not paraphrase this essay. Our professional writers can rewrite it and get you a unique paper. We can write you a custom essay that will follow your exact instructions and meet the deadlines. Let's fix your grades together! We use cookies to personalyze your web-site experience. This essay has been submitted by a student. This is not an example of the work written by professional essay writers. Get help with writing. This is just a sample. Your time is important. Get essay help. Related Essays Article 35 of Cisg Essay The concept of Article 35 of CISG is the conformity of the goods under the contract, which describes the criteria for determining whether goods delivered by the seller meet the requirements of the contract in terms of quality, [ The Constitution and Contracts Essay This essay argues various aspects of constitutional and contract law.

Evaluation of Contract Law and the Forming of Online Contracts Essay This paper discusses contract law and forming contracts on the Internet. Review on Australian Copyright Essay The Australian law of copyright is a very interesting topic. The Problem of Inadequacy of the English Law Essay Over the years the law on Intention and Recklessness had been under academic scrutiny and criticism for being inconsistent. Rule of the Law in India Essay Rule of Law has always been championed as one of the building blocks on which the modern society rests. Law, legislation and legal commentary looks to evaluate the principle of Misrepresentation Essay This essay, through relevant case Law, legislation and legal commentary look to evaluate the principle of Misrepresentation under English Law as per the facts are given.

Right to work legislation and it's implications Essay Right-to-Work Law and Its Implications for Labour Legislation in CanadaIntroductionFor the last few years, a major showdown has been shaping up between the progressive sections of Canada, which have always been associated with [ Effectively composed Parliament through proper electoral system Essay To be effectively composed a Parliament, there should be a proper electoral system in the country for the citizens to elect their governors. Find Free Essays We provide you with original essay samples, perfect formatting and styling. Cite this Essay To export a reference to this article please select a referencing style below: APA MLA Harvard Vancouver The Contract Law. The Contract Law.

The Contract Law [Internet]. Where do you want us to send this sample? Be careful. This essay is not unique This essay was donated by a student and is likely to have been used and submitted before I Need a Unique Paper Order a custom essay from our writers and get it on time. Download this Sample Free samples may contain mistakes and not unique parts. Order Now. Please check your inbox. order now. Related Topics Bill Of Rights Essays 2Nd Amendment Essays Child Abuse Essays Civil Liberties Essays First Amendment Essays. Hi there! Are you interested in getting a customized paper? Check it out! This means I was entering into the contract as a minor.

It, therefore, introduces the question as to whether the contract was for necessaries or not. Given that lunch was availed at the school kitchen, it made the contract fall out of the province of necessaries. Secondly, the contract was entered on a gentleman agreement, devoid of any legal documentation. Both parties signed a hurriedly drafted document. Nonetheless, I find the subject matter falling under a contract that would be void at the option of the offeror. This is because the relation had an offer, acceptance and consideration. The offer is the service or product that has to be delivered for effective performance to be assumed.

The acceptance refers to the undertaking that could be active or passive by the other party to take the offer, rely on it and pay consideration for the same. The consideration is the payment either in cash of kind that the offeror pays the offeree for the received offer. In the relation in question, the offer was the undertaking to deliver lunch by McDonalds every Saturday during my stay in High School. The acceptance was my taking of this offer, reliance on the same and payment for it. The consideration was the money I parted with in return for the received delivery. If I were to enter the contract now given the additional contract knowledge I have received, I would approach it differently.

For starters, the contract fell under the province of voidable contracts at the option of the weaker party. This is because of my status as an underage that denies me contractual capacity. The food was not a necessity and would not be excused by the rule of necessities. I would, therefore, would have been reluctant to pay my bills given the contract was illegal per see as it was between one party that ordinarily enjoys no contractual capacity and another party that has contractual capacity. In addition, given the parity in contractual capacity, it is evident that one party was weaker and the other stronger in the engagement.

This should have been remedied as the law of contract envisions a scenario where both parties have equal strengths and bargaining ability. To navigate this situation, I would have engaged McDonalds through my teacher who being an adult had the full contractual capacity and could act on my behalf. This contract raises ethical issues that go into the spirit of contract of necessities. How practical is the implementation? One has to interrogate the spirit of the law in making voidable contracts outside the province of necessities and why entities and persons still disrespect that provision and engage in contracts with parties that do not have contractual capacity.

My position is that the provision is good for it protects weaker parties with lower bargaining powers from exploitation by stronger parties. Emerson, R. Business Law. New York: Barron's Educational Series. MacMillan, C. Elements of Law of Contract. University of London International Programmes, Peter, E. The Modern Law of Contract: Eighth Edition 8 ed. London: Routledge. Note: this sample is kindly provided by a student like you, use it only as a guidance. ID Password recovery email has been sent to email email. Don't waste time. I agree. HIRE A WRITER Sign in. World of Writing Hub Blog Free Essay Writing Tools Quizzes and Tests Essay Topics Types of Essays Free Essay Examples.

Who We Are Contact Us Our Writers Our Guarantees FAQ Honor Code WowEssays Reviews Our Services. ORDER PAPER LIKE THIS. Contract for the supply of lunch by McDonalds Fast Foods This is a contract I entered into with the McDonalds Fast Food for the delivery of lunch every Saturday during my stay in High School. References Emerson, R. Cite this page Choose cite format: APA MLA Harvard Vancouver Chicago ASA IEEE AMA. Accessed 07 February Contract Law Essay Example.

Law of Contract Contract law As to concerned definition of law there are many definition among various schools of thought of law such that no particular definition is acceptable to them as universal definition of law, but nevertheless there is a common acceptable definition as to what the law is composed of and that it is a collection of rules and regulations governing human conduct prescribed by human beings for the obedience of human beings. There are basically two concepts regarding law: general concept which is composed of the American society rules i. morals, norms or law of morality while law proper is composed of rules and regulations specifically enacted by the state through congress or other relevant authorities.

This essay basically focuses on different aspects of contract law and the impact it has on individuals and organizations in the society. In a bid to elaborate more on the law of contract the essay will not only look at contracts covered under common law but also contracts governed by the Uniform Commercial Code and the doctrines of promissory estoppels. The warranties of merchantability shall also be discussed and lastly the essay will come to a conclusion with case example of Drennan vs. Star Paving Company that relates to reliance, for a more understanding of the topic. Contract law Robert and Jody , are quoted in their studies as having defined contract as "an agreement between two or more parties with an intention to create legal relations or legally binding obligations.

David continued to say that there are several types of contract but nevertheless contracts can be basically classified as under; valid contracts, voidable contracts and lastly void contracts. It is however important to note that this classification are dependent upon the presence, incomplete state as well as absence of what are known as the essential elements of a valid contract and which are as follows: offer, acceptance , genuine consent , contractual capacity, consideration, Intention to create legal relations and lastly legal object. These essential elements that have been mentioned below are the deciding factors of the legality of a contract and what the impact of contract law can have on individuals and organizations in the society.

Offer demotes the initial stage of a contract and for an offer in a contract to be complete it must fulfill the following conditions; offer must be made expressly or by implications, it must be made in rem or personam, must be communicated, must presume to result in legal consequences if accepted, the terms of the offer must be certain as well as capable of acceptance and most importantly if there are any conditions to the offer these too must be communicated. Joseph , wrote that for acceptance to be complete in a contract it must also be expressed or implied, communicated, made in personam and made in a manner indicated in the offer and also within the period of time indicated in the offer or within a reasonable time.

Acceptance must be made absolutely and without conditions, because conditions will amount to counter-offer which destroys the original offer. Moreover once the acceptance has been made it cannot be revoked without certain legal consequences. Generally in law all persons are presumed to be able to contract and therefore capable of being held liable to such contacts however a certain category of persons due to the handicap of age, illness as well as state of mind are however an exception to the above rule but must nevertheless prove their particular disability to escape liability and these include; minors, lunatics and intoxicated persons.

After the age of majority amendment act 18 years became the age everyone to be defined as an adult regardless of sex , creed and race , consequently contracts entered with minors are general considered void except contracts for necessities and for the benefit of the minor's welfare. In the case of lunatics, contracts entered with them during lucid intervals are valid and binding on the lunatic. However for the lunatic to escape liability he or she must prove that at the For intoxicated persons, the law requires that they prove that at the time of contract he or she was so intoxicated that he could not understand the full implications of the transactions and that the intoxicant was administered without his knowledge and consent.

Referring to studies done by Antony , he defined consideration as the price paid by one party for the promise of the other. A contract is legally enforceable when each of the parties to it gives something and gets something. The something given or obtained is the price for the promise and is termed as consideration. When looking at the intention to create legal relations, there are two basic presumptions that come up regarding agreements and these are: domestic agreements are presumed to be unenforceable in law not unless the parties indicate that their agreement is enforceable. For commercial agreements they are presumed to be enforceable in the American law not unless the parties to the agreement indicate that their agreement should be unenforceable in law.

The object of a contract must be legal otherwise the contract will be null and void in law. The objective of a contract maybe unlawful if it is contrary to positive law, to the rules of morality sanctioned by the United States of is they are contrary to the welfare of the U. By interfering with the administration of public policy. Illegal objectives of a contract can be enlisted to comprise of contracts in restraint of trade , contracts to commit crime, contracts tending to abuse the legal process, contracts interfering with the sanctity of marriage and contracts to break the laws of friendly nations or contracts of trade with enemy nations, among others. The contract law in America requires that a party consent to enter into contract must be genuine i.

both parties must be of the same mind on the same matter at the same time in the same way. However there are various factors that may operate to prevent this from being arrived at, they include mistake, duress, misrepresentation and undue influence. If a party enters into a contract under a mistake of fact this renders the contract voidable at his option since mistake of fact is generally excusable, whereas if a party enters a contract under a mistake of law, the contract is held to be valid and binding on him or her as mistake of law is generally not excusable. During the making of a contract several statements will be made by both parties to each other such that if they later turn out to be false they are known as misrepresentation.

Misrepresentation can be either innocent misrepresentation or fraudulent misrepresentation. Innocent misrepresentation occurs when the statement is made believing that it is true or if it is made without reason to think that it is false. Fraudulent misrepresentation occurs when the statement is made willfully knowing that it is false or without reason to believe that it is true. Duress and undue influence are recognized under common law and equity respectively however; undue influence is more present in contracts today. Duress occurs when a party's consent to enter into a contract is obtained either through threat of physical violence, threat of imprisonment or threat of criminal prosecution. Undue influence is presumed in contracts involving the following relationships; doctor-patient, advocate-client or teacher-student.

Discharge of contracts The following are the methods through which contracts may be discharged: performance , agreement, breach of contract, frustration or impossibility of performance, death or lapse of time. A contract being essentially an agreement for the performance of various obligations by both parties then it must come to an end once the parties have performed their particular duties under it, thus discharging it. As a general rule the impossibility of performance or frustration does not discharge a contract except under certain exceptional circumstances that include statutory interference, accidental destruction of the subject-matter of the contract, personal incapacity, cessation of circumstances whose continuation formed the basis of the contract and fundamental change of circumstances.

Steven, , wrote that just as contract is brought into existence by the mutual agreement of the parties, then consequently it may be also be brought to end by mutual agreement of the parties thereby discharging the contract. However there are occasions where both parties may not have fully performed their obligations under the contract in which case a…. Work cited Antony Speaight, Architects Legal Handbook; the law for architects, Blackwell, pp , Charles L, K. David S, C. The Authority of Law, Essays on Law and Morality.

Oxford University Press pp Contract Law In modern society, contracts have become an integral part of determining who is responsible for performing various actions in an agreement. It spells out the terms, conditions and how each party must behave in order for it to be enforceable under the law. Contracts Law: Disney World Jurassic Park Amusement Ride The first question at issue in this study has to do with the termination of an employee for poor sales performance who entered into a non-compete agreement with the company, specifically that of Disney. The employee, Simpson agreed that he would not directly or indirectly compete with Disney as an agent, employer, broker, or contractor for one year from the date of termination.

Contracts Law Case Study- Contracts Law There were two offers. There is an offer is a meeting of the minds can be reached by the recipient of the offer accepting the terms of the offer. The second offer was by Gabrielle and consisted of her offering a her. Contract law lies at the center of our legal system and serves as the basis of our whole society. Our society relies on free exchange in the marketplace at every stage. Contract law is what makes this probable. Exchanges in the marketplace always rely on voluntary agreements between people. These voluntary agreements would never if there wasn't contract law.

Contract law works to make these agreements enforceable, which typically means. However, it must be noted that the doctrine of consideration has changed and therefore seems to have fixed many of its most impractical elements, or at least that is what has been argued. One example of a change is the fact that in regards to consideration, the requirement for a benefit has moved from the requirement to show a legal benefit to simply a practical benefit. Another aspect to the. University of Oslo Law School, Characteristic for the Norwegian legal tradition in the 20th century, as for the rest of Scandinavia, is the so-called "legal realism," which has emphasized considerations of justice in legal reasoning.

Conceptualism and integrated theoretical systems have never been followed in Scandinavia, in other words, there is no attempt to create a unified theory of contract law, rather disputes are handled by a case. Home Writing Tools Example Essays About us FAQs Our Blog Citation Generator Flash Card Generator Login SignUp. Download this Essay in word format. Excerpt from Essay : Law of Contract Contract law As to concerned definition of law there are many definition among various schools of thought of law such that no particular definition is acceptable to them as universal definition of law, but nevertheless there is a common acceptable definition as to what the law is composed of and that it is a collection of rules and regulations governing human conduct prescribed by human beings for the obedience of human beings.

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The Contract Law,Contract for the supply of lunch by McDonalds Fast Foods

WebIntention to create legal relationship: A contract requires that the parties aim/propose to enter into a legally binding agreement: i.e; the parties entering into the contract are WebJan 31,  · This introduces a legal question as to contract’s legality. Nonetheless, I find the subject matter falling under a contract that would be void at the option of the offeror. WebContract law Robert and Jody (, ) are quoted in their studies as having defined contract as "an agreement between two or more parties with an intention to create legal WebNov 4,  · Principles of Contract Law Contractual relationship is a widespread and varied phenomenon which is pervasive in all world’s languages. Contractual relationship WebAnswer B to Contracts Essay One RIGHTS It is fairly clear from the facts given that an effective contract has been formed so as to bind the parties. Betty asked Art to drill a WebContract Law A contract, by definition, is an agreement by two or more parties, which is intended to be legally binding and supported by consideration. All contracts must have ... read more

In like manner law legitimate frameworks, an agreement or casually known as an assertion in a few words is an understanding. Dan told Pat that he would help Pat with the financing. stated that if anyone caught the common cold after buy and using the smoke balls as directed, they would give £. An offer is a statement said from the offeror to the offeree stating that he would like to formulate a contract between the two parties. Accessed February 07, Contract Law What is a contract?

Besides, writing requirements and formalities is another contract law essay element of a contract. Thomas Hobbes as one of the representatives of Modern Social Contract Theory, his departure from the theory of human nature, to a fictional state of nature as a starting point, put forward the basic principles of natural law, natural rights, and then through the Social Contract Theory, the establishment of his country theory. Over the years the law on Intention and Recklessness had been under academic scrutiny and criticism for being inconsistent, contract law essay. Business Law Essay Words 9 Pages. Are you interested in getting a customized paper?