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Case study for contract law
Case study for contract law
Case studies for contract law
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TABLE OF CONTENTS TASK BRIEF A 3 DIFFERENT ELEMENTS OF CONTRACT LAW 3 RIGHTS AND RESPONSIBILITIES FOR BOTH BUSINESSES AND CUSTOMERS 3 SOLUTIONS IN CASE OF BREACH OF A CONTRACT 4 Task 1 (with reference to Case Study 1) 4 Task 2 (with reference to Case Study 2) 5 TASK BRIEF B 6 WITH REFERENCE TO CASE STUDY 3 6 COMPARE AND CONTRAST LIABILITIES 6 NATURE OF LIABILITY IN NEGLIGENCE AND ITS EFFECT ON BUSINESS 6 TASK BRIEF C 7 DETAILED EVALUATION OF TORTS, THEIR NATURE, ELEMENTS OF TORTS AND DEFENSES 7 Task 4 (with reference to Case Study 4) 7 REFERENCES 11 Task Brief A Different elements of contract law Contract is like a confirmation on some pre-decided and agreed-upon terms and conditions by all the parties involved in any business dealing, thereby binding them under the same state of affairs legally. In order to avoid disagreements or unwelcomed liabilities later on, the parties involved in the contract set out some definite and clearly stated rules or terms of contract so that when the contract is signed, both the parties are on the same page. A contract is supposed to comprise of the following elements: there should be an offer between at least two parties, the acceptance of contract by all the parties signing up for the contract, an intention of entering a legal binding by all the participants of contract and lastly, involved parties should support the contract through mutual consideration of benefit. Rights and responsibilities for both businesses and customers There is always an underlying contract that binds employers and employees, businesses and customers together with some rights as well as responsibilities. Deviance from the contract terms by either party can result in the breach of the agreement that can have dire consequences, ranging from loss of trust to financial damages. One party’s right warrants the other party under a responsibility. Businesses have the right to independently assume any activity until it fulfils the customer requirements, similarly abiding by the terms of the contract, like paying in time and agreeing to the automatic dissolution of contract by the end of term, enables the customers to fulfil their duty towards the business. On the other hand, it is customers’ right to get the promised quality or quantity of product and service against the payment they make and be informed of any details that can pertinently affect their rapport with the business. Inking down the contract and making it accessible to the customers can make it easier for businesses as well as customers to define the extent to which both parties follow the terms of the contract.
Negligence and its Elements (American System): Negligence is best defined as when one does not protect oneself or others from property damage, bodily injury or death. Therefore, this could be the act of causation of failure to act. In order to have a legal claim of negligence there are four elements which must be present and without them no case is secure. The four elements are Duty of Care, Breach of Duty, Causation and Damages. 1) Duty of Care: A relationship has to exist between the two parties
There are three types of torts: intentional torts, negligence and strict liability. There are certain elements that are required to prove that a defendant acted with intentional torts, or negligence and strict liability. First type of torts is intentional torts defined has a civil wrong that results from intentional conduct. Where the wrongdoer has the intent to act in a certain way. Intentional torts are assault,
This aspect is defined as unreasonable conduct for the situation at hand. This includes carless acting or omissions which cause harm to another person/party. Airbnb’s policy depends on the location of which you reside in to establish negligence. For example, if you live outside the U.S, it does not affect Airbnb’s liability for death or personal injury arising from negligence. Although, if you reside in the EU, the Airbnb Platform will be
acting in a reasonable matter. Contractual liability is where if one party fails to perform regarding the contract term. It is created if two or more parties intend few things to each other. As default on the agreement occurred, that is termed as breach of a contract. In case of a valid contract between more than one or two parties, if one of the parties fail to fulfill the terms in the contract, a contractual liability occurs. For example, as Hakim offered AED 5000 for Sahir to construct
Commission (CFTC) take action in order to be effective in preventing high-risk gambles in securities / banking, a foundation of the economy. JPMorgan Chase is one of the oldest industries financial firms in the United States. It is the head in financial business with an asset of $2.3 trillion, and the largest market capitalization and deposit base of any U.S. banking institution. Since 2000 when the Corporation acquired J.P. Morgan the firms helps a lots of consumers in the United States and some country
citizens to solve the conflict. Commercial law mainly concerned with the laws in relation with ordinary business activities likes contract, sale, bills of exchange, duty of care, bankruptcy, companies and many more. In this case study, there are some serious matter took place between Ellen and the Council which later on further we will be discussing. In this case we also discuss about duty of care, negligence and psychiatric injury to Ellen under Australian law Which may be on favors Ellen’s case. Facts
first thing that needs to be done is to establish a duty of care. Negligence claims can be brought against people who owe you a duty of care. It then comes down to who did BMP or WWE owe a duty of care to before the incident occurred.’ Neighbour principle founded by donoouge vs stevenson There are many reasons to suggest that BMP was legally liable to all damages that erected following the open-cut fire. The evidence of their negligence which made them liable was the documentation stating that shortcuts
center. I’m confident that with the masters degree in Recreational Sports management academics along with some practical experience, I will be able to get a job in the Tennis club environment. I understand that It will take me sometime to learn all aspects of managements and operations of a tennis club , But eventually I will reach the position of a manager. I would like to work in sports facility which is focused on one specific sport, because it gives a way to learn and develop skill in a less complicated
signing the contract. They noticed that Martin took company’s money for his personal use. Due to this act of omission performed by Martin, customers suffered loss and damages financially and in other ways. Therefore, Swimmingpool Company will be held liable on the basis of the Law of tort. A vicarious liability arises out the relationship of Martin and
relative to security. Organizations should deem to outsource its operation rather than its responsibilities. Finally, as outsourcing is one of the highly accepted ways for cost reduction, performance improvement and to examine on basic elements of business, there are also possibilities of failures by those who take initiatives in outsourcing strategy due to some factors and effect badly the management’s expectations. Q.1 Discover the role of Human Resource (HR) outsourcing strategy to encounter the
ethical issue in this situation is the willingness of the company’s director to prevent the employees from organizing in union. Among others, the company’s director try to use unfair tactic like diversion, intimidation, manipulation, termination of job contract and threat to shut down the company leading to massive loss of job. In an ethical standpoint, these tactics are wrong. 10-21- What are the basic arguments for and against extreme measures to fight unionization efforts? According to the textbook
Introduction: Contracts are legally enforceable promises. There are two requirements for contract formation: agreement and consideration. An agreement involves a valid offer being made by an offeror to an offeree and said offer being validly accepted by the offeree and communicated to the offeror. The second requirement is consideration, meaning the two parties exchange something of legal value. Contracts serve the purpose of ensuring stability, predictability, and certainty, as well as deterring
dictatorships and authoritarian regimes. The transition to democracy involved national contexts,institutions, economic development, and that shaped the outcome (225). Although democracy is now more positive than how Latin American initially began, certain aspects of the state are not as democratized as others. In the general sense democracy is embedded in Latin American states and have accommodated democratic norms (250). Elections now function in a stable manner and governments easily rotate without dispute
a valid contract? Are the essential elements required to form a valid contract present and these elements importance when forming contract? (1.1) Straight forwardly said! It is a valid contract, but it’s an express (verbal/on phone call) contract in nature. Not all validities are satisfying according to law requirement. Obviously these all elements are must require to be fulfilling for forming a contract. Definitely essential elements are required and important to form a valid contract. Here some
being on a drilling rig even one that well maintained will have some risk involved whether it be equipment failing and causing injury or something else, but knowing that your rig needs 390 major repairs and not doing anything about it is a huge negligence for both the crew on the rig and the surrounding environment. However this is not the first time BP has violated regulations like this. Back in the late 90’s and into the early 2000’s BP has violated air regulations that has totaled $319 million