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Introduction law of contract
Introduction law of contract
Introduction law of contract
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Marshall Ottina Store v. Stevens; Quinn v. Stevens In analyzing the various facets of these two cases, we must first look at the arrangement between Mr. Sam Stevens and the store to determine if, in fact, a legal contract was at hand. The first necessary element in a contract is the agreement. An agreement is reached when one party makes an offer, and the other party accepts. In this case, the store offered to purchase 1,000 units of Mr. Stevens’ product, his verbal assent to the store manager constitutes an acceptance of said offer. Next, we determine the consideration of the deal. In a bilateral contract such as this, the consideration is a promise. Mr. Stevens promises to deliver his product to the store, who in turn makes a promise to …show more content…
Had Sam promised the units to the store, knowing the store is relying on them, which they do, and the only way to make it right in the eyes of the law is to enforce that promise, then the elements of promissory estoppel have been established. In all likelihood, by extending an offer to Sam, the store may have passed on another product, and also dedicated resources to marketing and selling Sam’s. Without the products in hand, the store is set up for a loss. Promissory estoppel may be their only recourse for mitigating those …show more content…
His landlord, Quinn, is seeking to evict Sam for violation of his lease agreement. Quinn is arguing that Sam is in violation of the covenant of quiet enjoyment and also a breach of conditions of the lease. By working on an invention that makes a considerable amount of noise, the quality of life of the other tenants is significantly affected. Quinn is obligated to uphold the covenant of quiet enjoyment to all of his tenants. To protect all of his other tenants, and himself Quinn can evict Sam for the noise levels produced by his product. Were he to allow Sam to continue working there, the remaining tenants could sue Quinn for violating their covenants. Once Sam’s work turned from merely an invention into a marketable, sellable product, he has turned himself from an inventor into a businessman. The terms of his lease specifically prohibit him from running a business from his domicile. These terms are there for the landlord’s protection. As businesses and residences are zoned differently, there are tax and insurance implications involved. A business being run illegally from inside his property puts a considerable amount of liability on Quinn’s
Walker, Takem’s has the statutory law of contracts in his favor. In a contract, the seller and the purchaser have certain rights and obligations. Four basics must be met for a contract to be created (Chrisman, 2014). First, the offer has to be made. In the case at hand, the door-to-door salesperson made an offer of a computer to Ms. Walker. Second, the consideration has to be accepted. Ms. Walker accepted the offer to purchase a computer. The third step is capacity. The purchaser must be legally capable of entering into a contract; minors and the mentally incompetent are excluded in this case. Takem’s has given Ms. Walker the computer in exchange for her payments on her store account. Finally, the intention to enter into a contract has to be present. Ms. Walker signed a bill of sale, a security agreement, and a negotiable promissory note- which is an unconditional promise to pay a certain sum of money at a certain time in the future. Though Takem’s has the advantage to combat her claims, Tommy needs to ensure that his salespeople have not made any false statements or misrepresentations to Ms. Walker as this could have legal implications for the store and against the contract (Vaccaro, 1987). Ms. Walker is legally bound by the contract she agreed to in exchange for the computer; however if there has been any misrepresentations or false statements Ms. Walker may be able, with legal assistance, to call the contract into question
The four elements of a contract are the agreement, the consideration, contractual capacity, and a legal object. The oral agreement between Sam and the chain store satisfies the agreement element of a contract definition because when the chain store offered to sell Sam 's invention at their stores, Sam accepted by agreeing to ship 1000 units in exchange. The second element of a contract, the “consideration of each party,” is satisfied because Sam and the chain store have something to give the other (1000 units of the invention in exchange for the exclusive sales of the product at their stores). The third element is “contractual capacity,” which may or may not be fulfilled since we do not know Sam 's age or whether
Promissory Estoppel in NY states that in the absent of a written contract, a promise or an implied agreement is sufficient to hold the company responsible.
Fisher, Roger, William Ury, and Bruce Patton. Getting to yes: negotiating agreement without giving in. 2nd ed. New York, N.Y.: Penguin Books, 1991. Print.
Defining Issue: In order to make an agreement binding one element that must be used is consideration. Without consideration an agreement may not be enforceable, even if there has been an offer and acceptance. What a promiser demands and receives is the price for the promise, which is consideration. A person who makes the promise is called the promisor, while the person to whom the promise is made to is called the promisee. However, the promisor is not entitled to consideration.
He is amazed every time he sees urban people using gardens. This has to be the easiest way to obtain fresh produce. Another good idea is taking advantage of community gardens. This gives people the opportunity to get outside and work with others to feed their communities. The last thing that the author mentioned in his article really surprised me. He says, “For others, it may be three or four chickens laying eggs in an apartment (186).” This was something that I never imagined people doing. He starts talking about ordinances and how people should ignore them and defy. I would have to disagree with him on this particular point. Could you imagine having someone in Ames raising chickens in an apartment complex? Me either! There are certain points where some people go too far and this is a great example. Throughout this section of the article the author painted many pictures in the reader’s heads and this really helped me understand what he was trying to get across to his
Statutory nuisances are nuisances which operate through particular statutes. In order to have a successful claim in statutory nuisance, it will be important to prove that the nuisance does amount to interference with personal comfort of Miss Dross flop. Firstly, the courts would see if the nuisance comes within the scope of Section 79 of the EPA and secondly, if it interferes in a material or substantial way with Miss Dross flop’s personal comfort. As Section 79 (1) (g) includes the noise emitted from premises, she might have a strong argument for Statutory nuisance.
Various elements must be present to prove that a valid contract exists between Sam and the chain store. The four elements to a contract are agreement, consideration,
Contractual agreement has always been viewed in terms of offer and acceptance. The universal principle to contract law has always been parties may get into an agreement in whichever way they deem fit and they are subject to certain terms as they choose. As far as legal requirements vital to their formation are binding contracts may be formed. Moreover a binding agreement may be manifested in terms of writing or in verbal form.
In the case of Yaxley v Gotts (2000) ch 162, the defendant, Gotts bought a building to Yaxley, a self employed builder and instead agreed him to have the bottom floor for renovating the other flats. Later, Yaxley argued that an oral statement had been made between them to reward him with ownership of the ground floor of the building, which Gotts failed to convey the title deeds in the name of Yaxley. The judge later found an oral contract had been made and permitted Yaxley, the plaintiff, to have the ownership in the form of a 99-year lease. The appeal court stated that the doctrine of estoppel should operate to modify the effect of the section 2 of the 1989 Act.
A contract is an exchange of promises or the exchange of a promise for an item or act in return, which is enforceable by law (Kubasek et al, 2014). There are many different types of contracts such as express, implied, void, voidable, and quasi. It is important for contracts to be enforced in order to foster trust in the market place. Although, there is a substantial monetary reason for the Scuppernong grape product manufacturer to end its relationship with Don Willetts, Don’s request for continued relationship due to good faith and fair dealing and an implied contract must be honored.
...ituation, there were two parties involved that is John and the buyer. There was a conflict of needs and interests; that is John Q wanted $200 for the television whiles the buyer offered $25. Also the negotiation was by choice; that is each party could have backed out at anytime (Roy J. Lewick, 2007).
One of the last remaining strongholds of classical contract law is the notion that contracts require offer and acceptance therefore, in order for a contract to become binding, offer, acceptance, consideration and intention to create legal relations must exist. However contracts are formed in different ways for each different circumstance. (Shawn Bayern, Offer and Acceptance in Modern Contract Law: A Needles Concept, 103 Cal. L. Rev. 67, 102 (2015)
In English Law consideration is one of the three main areas of an enforceable contract. It may be defined as an act, forbearance or promise made by a single party that constitutes the price for which the promise of another, is bought. In simple terms, the basic understanding of consideration may be seen as a ‘give and take’ tactic between two parties.