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Best Practices in Negotiation
Best Practices in Negotiation
Best Practices in Negotiation
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Memorandum TO: LESLIE COOPER-BLOOD FROM: AMANDA KRANNING DATE: APRIL 13, 2016 SUBJECT: SIX ELEMENTS OF VALID CONTRACTS _____________________________________________________________________________________ Contracts Contracts are legal binding agreements whether verbally or written between two or more competent people. They also can be contractual agreements between businesses for services or goods, employment, trade, or lease. Regardless of what type of contract the parties are entering there are six elements they need to follow in order to come to a successful legal understanding. Contracts are built on the fundamentals of offer and acceptance, intention to create legal relations, consideration, legal capacity, consent, and illegal and void contracts. Any contract which represents false statements, unwarranted …show more content…
French seems to have been decided fairly. It does not appear that the French’s’ attempted malcontent against Mrs. Williams hence her willingness to sign over her home in exchange of thoughtful caretakers. A contractual concern I would have with owning my own antique business would concern the lease involved with renting a building to provide my items to consumers. Regards, Amanda Kranning References Business Dictionary. (2016). What is illegal contract? definition and meaning. Retrieved from http://www.businessdictionary.com/definition/illegal-contract.html#ixzz45YjwBAQi Editorial Board. (2012). Contracts. In Introduction to Business Law (p. 118). The Law Handbook. (2016, April 8). Elements of a contract - The Law Handbook. Retrieved from http://www.lawhandbook.org.au/07_01_02_elements_of_a_contract/ Lawnix. (2015). Kase v. French – Case Brief. Retrieved from http://www.lawnix.com/cases/kase-french.html National Paralegal College. (2016). Lack of Capacity. Retrieved from
Lancer Gallery is a limited liability company that sources and sells a wide variety of South American and African artifacts. The firm’s headquarters are located in Phoenix, Arizona and they also have branch offices in Los Angeles, Miami, and Boston. Lancer Gallery originated as a trading post operation near Tucson, Arizona in the early 1900’s. Through a series of judicious decisions the company established itself as one of the more reputable dealers in authentic southwestern jewelry and pottery. The main problem in this case is should Lancer Gallery’s top management accept or decline a contract that could potentially re-position their brand and definition of business.
Fraud is one of Canada's most severe acts of financial criminality as the economic impact of this crime could potentially handicap an entire society. According to the Canadian Anti-Fraud Centre Annual Statistic Report (CAFC), a report established to monitor fraud with the aid of the Royal Canadian Mounted Police (RCMP), and Competition Bureau of Canada, it reported an annual loss of 74 million dollars affecting over 14,472 victims (Canadian Anti-Fraud Centre, 2014). Given this alarming statistic, it is worrisome that we as a society still ignore or turn a blind eye towards those who commit fraud as seen in the low conviction (Canada Revenue Agency, 2014), and focus our efforts on petty thefts as seen with the high rate of convictions
This case was about a father by the name of Bob Latimer, this man had a daughter who was suffering with a disease called cerebral palsy. The disease was unfortunately entrenched with his daughter since her birth and was caused by brain damage. The disease made her immobile with the exception of the rare movements she showed through facial expressions or head movements. Twelve year old Tracey Latimer was in continuous pain every moment of her life and she was incapable of taking care of herself despite her age. She was bedridden and could not communicate with anyone in her family; she was more like a living corpse. Hoping only to better her condition, her family took her through several surgeries where some were successful but did not really benefit her in any way. Tracey had five to six seizures everyday and her condition would only get worse. All this was unbearable to her father Mr. Latimer like it would be to any loving father and it was then that he decided to end her pain and suffering. Latimer put Tracey into the cab of his truck and suffocated her. He did this by attaching a pipeline into the exhaust of the cab and this allowed carbon monoxide to enter the car which eventually leads to the painless death of his daughter. He was first convicted in 1994 of second degree murder with a life sentence term of 25 years and without parole for 10 years. Latimer then appealed his case to the Supreme Court and the previous decision was upheld. However, there was an error found in the procedure of the trial as some of the jury members were questioned on their beliefs in relation to the crime on the basis of religion, mercy killings, and etc. which then constituted the trial as unfair und...
Deborah P. Labelle filed a complaint with the Canadian Human Rights Commission on September 3, 2009 against Rogers Communications Inc. The complainant, Labelle feels that Rogers Communications Inc. the respondent, discriminated against her because she is a woman. This falls under section 3 of the CHRA which covers and protects against sex discrimination. Labelle alleges she was treated differently compared to her male counterparts and was eventually fired from her position. The complainant filed this complaint on the grounds of sex discrimination.
The University Playhouse’s performance of The Dispute displayed a conglomeration of Greek, Elizabethan, and French Neoclassical staging conventions. This comedy balanced out elements of presentational theatre and non-localized sets reminiscent of Greek theatre with representational theatre and localized sets resonant of Elizabethan theatre. The presence of elements of comedy, Farce, Satire, and the use of deus ex machina within the play utilized French Neoclassical staging conventions adopted from earlier Greek, Elizabethan, and Italian Renaissance conventions. In the following sections, I will discuss the reminiscence of these conventions embraced through this production of The Dispute.
Christine Henry Andresen, CHA Law Group, PC is a law firm that is located in Austin, Texas. Christine Henry Andresen, CHA Law Group, PC is an expert in reproductive law, LGBT/ Queer, wills and estate planning, and family law. Their wills and estate law practice areas include will, medical documents, and non-medical estate planning documents. Their professional organizations include American Bar Association, LGBT Bar Association, Family Law Institute, and more. Christine Henry Andresen, CHA Law Group, PC has received an Avvo Superb Rating of 10.0 for being a Top Adoption Attorney.
A restaurant’s success is often dependent on its location. Restaurant’s that are located near other restaurants can enough synergistic benefits due to their location (Parsa, Self, Njite, & King, 2005). However, choosing the wrong location can also spell certain doom for the establishment. In general, restauranteurs must ensure that they are making enough profit to justify the demands put forth by their landlord and the local government. For this reason, the restaurant’s deed or rental agreement is one of the most important document in determining a restaurant’s fate. This paper seeks to examine the issues associated with leasing restaurant property; in particular Harlequin and Brine, an upscale casual restaurant.
Two later Incomparable Court cases both included the College of Michigan: Gratz v. Bollinger, 539 US 244 (2003), which included the college's undergrad affirmations, and Grutter v. Bollinger, 539 US 306 (2003), which included the college's graduate school confirmations. In Grutter the Court reaffirmed the privilege of foundations of advanced education to consider in the confirmations procedure. In Gratz, in any case, the Court nullified the college's approach of granting extra indicates secondary school understudies of shading as a feature of its utilization of a guide framework toward assess candidates; the Court said that thought of candidates should have been more individualized than a point framework permitted. Drawing on these Incomparable Court decisions, at that point, governmental policy regarding minorities in society in advanced education affirmations based on race/ethnicity is reasonable as long as it
(Insert Citation p 305). Consideration refers to the attained good or service agreed upon by each party under a contract. Contractual Capacity is the legal ability to enter into a binding agreement. Some factors that affect contractual capacity are: age, mental health and agreements under alcohol intoxication. Last but not least is the legal object, which means that for a contract to be enforceable it must be of legal intent and comply with public policy. If all of these factors are present in a contract, we can conclude that a binding contractual agreement exists and it is enforceable by law.
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
There are three basic essentials to the creation of contract which will be recognised and enforced by the courts. These are: contractual intention, agreement and consideration.
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)
The basic law of a contract is an agreement between two parties or more, to deliver a service or a product. And reach a consensus about the terms and conditions that is enforced by law and a contract can be only valid if it is lawful other than that there can’t be a contract. For a contract to exist the parties must have serious intentions, agreement, contractual capacity meaning a party must be able to carry a responsibility, lawful, possibility of performance and formalities. Any duress, false statements, undue influence or unconscionable dealings could make a contract unlawful and voidable.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
A contract is generally considered to be an exchange of promises or an agreement between parties which in due course legally binds the parties; this can be enforced by the English Law. A contract is always, referred to the basic foundations of Contract Law, which refers to promises being kept amongst two parties. It is clear that all people make contracts nowadays and do not even consider for a moment that they are forming contracts; these can be formal or informal, oral or written.