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Business law chapter of contract
Business law chapter of contract
Business law chapter of contract
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People should always try to avoid breaking a contract or filing bankruptcy if they can. Before you sign any contract you should always read very carefully or you could end up signing your life away. There are many rules when filing bankruptcy that could end up ruining your credit history and credit chance in the future. Could bankruptcy help you out of a business contract? Contracts are made every day and there are many parts of a contract. When entering into the music industry record label companies have you sign contracts. The contract usually favors the record label company stating things like the record label company can drop you at anytime but you can no terminate your contract. The contract also states that you have to make a certain amount of records, however it can take many years to make these records. When you sign a written contract you are fully accepting the terms of the agreement you are signing. The reason for written contracts is so they cannot be denied in the event the agreement does not work out. You cannot terminate the contract if it states the contract cannot be terminated.
There are many rules and regulations to bankruptcy. A bankruptcy can be voluntary or
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The people involved with the contract could sue you for terminating a contract for the terms and conditions of the contract. In the event that a music group/ musician would try to file a bankruptcy as their attorney, I would let the group know the complications that could happen along the way. If the group accumulated a large amount of debt in a short amount of time there is still a chance that a judge would deny the bankruptcy request. When and if the bankruptcy was denied the record label company could drop the group and they would be stuck with a lot of debt. If they did go through with the bankruptcy and won our case there is a chance that another record company would not want to pick them up for a record
Bankruptcy is where an individual or in this case a corporation claims that is not able to pay its lenders and/or creditors any more. By doing this the filer gains protection from its lenders while reorganizing itself to stay in business. Bankruptcy is defined by the Congress under the U.S. Bankruptcy Code, in which the Congress revised in 2005 called Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). This act addresses the increased number of bankruptcy filing, loopholes and incentives that allowed for abuse and the financial ability of debtors.
"A contract is a legally enforceable promise or set of promises. In other words, when promises have the status of contract, the contracting party harmed by a breach of the contract is entitled to obtain legal remedies against the breaching party" (Mallor et al., 2015, p. 320)
An important factor in contracts is that each side be aware of their responsibilities and rights under the agreement. As long as both parties know the terms of the contract it can be assumed that the contract will be impartial, or at least to the point that the contract is agreeable. This is essential for a contract to be enforceable. One defense available to attempt to void a contract is that the contract was unconscionable. Unconscionability in contracts is defined as giving one party, generally the one that drafts the contract, unreasonable and favorable conditions. In order for a contract to be deemed unconscionable it must be determined that no reasonable person would agree to the terms and conditions present in the contract. In the Williams v. Walker-Thomas Furniture Co. case, Williams purchases multiple items and agreed to pay them off all simultaneously, as if it was one purchase. Once Williams defaulted, the company tried to repossess all of the items as none of them were paid off in full. Williams’ case argued that the contract was unconscionable and that the store was well aware that Williams’ annual salary was $2,616. Regardless of Williams’ financial situation, I believe that this contract should be enforceable as the agreement is not unconscionable.
In the other hand, there is a formal kind of contract, which means that it is the opposite of the simple contract. Which is there are 2 kinds. Written and oral. It is the same as simple contract but it has prove that both side of the parties has agrees on whatever that they have agreed on. Why a lot of people choose to do formal contract rather than simple contract? It will comes up to the consequences if they breach the contract. They know the consequences that they will get if they ignore or not following the contract agreement. When that happen and end up at the court, they will found guilty because there is a written proof or sound proof that they have agreed. And because of that proof, if one of the parties broke them, that party will get the same consequences that they have agreed on before in the contract.
Record labels are responsible for the production, manufacture, distribution, promotion and enforcement of copyright for sound recordings. They are also in charge of discovering new artists (A&R) and maintaining contracts with artists and their managers. Record labels are divided into two main categories: majors and indies. Majors have a parent company, a distribution arm and a publishing arm. Independent labels are independently owned, have a 3rd party distributor and usually have no publishing arm.
Without having a clear understanding of how it works it could cause a misunderstanding and very well make the contract invalid, causing legal issues later on down the line if there is no consideration from both parties. A business person could suffer a loss due to lack of consideration if a court was to rule whether or not a contract is unenforceable. Either party may not fulfill their side of the agreement or the court may file a breach of contract against the opposing
Although a lot of times the artists the labels push are not successful, there are also times where they succeed. Artists such as Pink Floyd, the Rolling Stones, ACDC, Foo Fighters, Journey, The Beastie Boys, Eddie Van Halen, Rick Springfield, The Beatles, and Nirvana are all examples of successful artists who were picked up by record companies because they were the next new, big, thing andor because they were considered to have potential for making money. The record industry has been around for about a century, and recently the record industry has taken on a transformation. There were many changes in the business of music records from the 1980s onward.... ... middle of paper ... ...
The music publishing industry at a glance would seem to be those who print sheet music, method books, lead sheets, and all of the texts or notated music that musicians (and those aspiring to be musicians) use. Years ago, this was what most music publishers did, but as the industry has evolved the process that become much more complex. Music is not just ink and paper, intellectual material and property to the individual who writes it. Therefore the song does not become "a song" when it is written down. This is not an easy concept to grasp because the song by itself has no physical makeup. A song could exist once it is played for the first time, and songs can even exist inside the mind of a songwriter. This concept is why the publishing business can be so complex; we are dealing with intellectual property.
However, companies may have several agreements and may forget that they are due for automatic renewal and fail to provide sufficient notice to terminate the agreement if they plan on ending their contract with the
1. Corporate Law for Ontario Business (2012). Farah Jamal Karmali 2. Business Dictionary (2010). http://www.businessdictionary.com/definition/separate-legal-entity.html
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.
In general the contract of Mudarabah allows anyone of the contracting parties to terminate the contract unilaterally. The contract shall not be terminated unilaterally if the manager has commenced the work or when both parties have agreed not to terminate the contract during a specified time.
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.
Global debt crisis is essentially widespread globally. There are different issues that can cause debt crises. Currently, different countries around the world are facing debt crises, and definitely that is because of an error in the banking system. We’ll see below what are the main causes briefly and what are really the objectives that lead to a collapse in the banking system or so financial crisis.