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Laws of contract and some cases
Case over contract law
Contract+law
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Case Facts in Summary Marie-Claude owned and operated a bowling alley within a commercial setting (Willes & Willes, 2012). The location of the alley lay adjacent to a residential area. The parking lot next to the bowling alley became the children’s playground. Marie-Claude frequently sent children off the premises for fear of injury. One notorious boy aged six years would scale up the fence and gain access to the flat roof. Although Marie-Claude vehemently objected to such action, the boy continued anyway and was injured. Legal Issue/ Question The legal issue, in this case, is to determine whether Marie-Claude was liable for the accident and the injury caused to the child. Plaintiff’s Arguments The plaintiff of the case is the notorious child’s …show more content…
For this contract to be legally binding, six tenets must be fulfilled. First, the defendant expressed an intention to establish a legal relationship by making a proposal in writing and expecting a response in writing as well, which was fulfilled after the plaintiff accepted all the terms given by the defendant. Secondly, the defendant made an offer in the letter and the plaintiff accepted the offer, including all other terms therein (Willes & Willes, 2012). Thirdly, the plaintiff expressed acceptance of the offer through writing. Also, the plaintiff did consider the terms of the offer by looking at the market price movement and accepting the terms given in the offer (Psarras & Zelinger, 2010). Besides, both the plaintiff and the defendant had the capacity to contract because they were not under any undue influence, which would be grounds for incapacity to contract. Moreover, only the plaintiff could make a counteroffer based on the nature of the contract and thus, the plaintiff had a legal right to purchase the scrap mica at offer price because the offer was not time bound and was done within a reasonable …show more content…
The terms were that a deposit of $ 100 was payable with the order form with a monthly remittance of $ 50, payable for three years. The requirement in the order form included the applicant’s name, address, and signature. After servicing the purchase for a while, Alice decided to withdraw from the contract, but the firm demanded that she return the silverware and the firm would also retain all the money paid as a breach of contract and release from the
There were no concealed, unreasonably increased risks present at the time of the incident. D’Agostino graduated Massapequa High School in 2000. When the plaintiff’s injury caused, D’Agostino was 27 years old and weighed 275 pounds. When he was in high school, he wrestled for all four years, and he won some championship. On the other hand, the plaintiff was 6’2”, weighted 275. He was under age. He had many experiences of wrestling because he wrestled from 7th grade through 12th grade. Thus, they were almost in the same situation, except for their
The Case of R.V Machekequonabe Machekequonabe is charged with shooting and killing his foster father. The difficulty of this case revolves around the fact that his particular pagan Indian tribe believed in the existence of evil spirit wendigos which assume human form and pose a threat to their community. On one hand, there are rules against killing other humans, and on the other, Indian common law says that it is acceptable to kill wendigos (which the defendant believed he was doing). This essay will show how this conflict and ruling can be explained completely by Dworkin's theory of law and judicial reasoning.
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
Were the items specially manufactured goods? Is the defendant to blame since the items cannot be sold at any other location? Is the verbal agreement for the sale of goods more than $500 enforceable?
McOskar Enterprises, Inc. owns and manages a health and fitness center identified as “Curves for Women”. Tammey J. Anderson, the complainant, joined Curves on April 2, 2003. As part of the joining process Anderson signed a release of liability agreement. This agreement released Curves from any liabilities related to injuries that might be sustained by contributing in any activities or through the use of equipment. The agreement also stated that participants agreed to all risks of death or injury that could occur, Anderson read and signed the agreement of terms with Curves. After completing the liability agreement, Anderson began working out under the observation of a Curves’ trainer using the machines within the facility. During the workout Anderson notified the trainer that she began to feel pain in her neck, shoulder and arm, but finished her workout. She continued to feel the pain when she got home and pursued medical attention. As part of her prescribed medical treatment she was sent for a course a physical therapy. In June 2003 Anderson underwent a cervical discectomy, a procedure used to treat nerve or spinal cord compression. After her procedure Anderson sued Curves, claiming negligent acts during her workout. Anderson v. McOskar Enterprises, Inc., 712 NW 2d 796 (Minn. 2006).
However, the fourth element, which is "legal object," may not be satisfied between Sam and the chain store because there was nothing in writing, nothing was “drawn.” An oral promise would make the contract invalid if the completion of that promise will take more than a year from the date of agreement. However, if the chain store has written proof confirming Sam 's promise, for example, advertisements, invoices that the store only prepares in the regular course of business after an oral promise for a product delivery has been made, a court may consider Sam 's oral promise legally binding. Then it would be considered a "primary obligation" (since there was a debt incurred in anticipation of the sale of his invention at their stores). In that event, the contract does not need to be in writing to be enforced since primary obligations are not within the statute of frauds. So if the chain store does not get their 1000
The second issue is whether or not the defendant has an obligation to reimburse for an injury. The outcome of this second issue depends whether or not it is rational for the defendant to have to pa...
‘’I’m going to get away with murder. I’m a Kennedy.’’ Michael Skakel thought he had everything under control. For the Moxley Family their next door neighbor turned out to be their worst nightmare. It was up to the jury to decide the fate of the killer, perhaps technology persuaded them one way or the other.
There are numerous facts about this case that will be legally significant. The facts about the accident would include:
During the Of Mice and Men debate, it considered the following case: George Milton’s decision to shoot Lennie Small was morally justified. Before the trial started, I voted for the motion because I agreed that it was right to kill Lennie. I chose to side with the proposition team because of several reasons. First of all, I placed myself in George’s feet, the killer of Lennie, and thought about what I would’ve done in his situation. I concluded that I would’ve done the same exact thing as he did. George was the only person who truly cared for Lennie and has always stick by his side through thick and thin. He wanted what was best for Lennie and chose the best idea available at the time, which was unfortunately to shoot Lennie in the back of the head. If he didn’t allow Lennie a peaceful death,
The Thomas Capano and Anne Marie Fahey case is one of the most fascinating true crime stories ever. It happened in Wilmington, Delaware, during the late 1990s. This case involved Thomas Capano, a well-known lawyer, and his ex-lover, Anne Marie Fahey, who worked as a scheduling secretary for the governor of Delaware. The whole situation left everyone puzzled and intrigued. Thomas Capano, a prominent lawyer with ties to the political and legal communities of Delaware,
The climax of the novel The Stranger is reached when the jury declares that the main character, Meursault, is to be executed by gulliotine in the town square. The trial and its verdict are one of the important parts of the novel, as Albert Camus uses them as a metaphor to summarize the three main tenets of absurdism. Camus uses the trial and conviction of Meursault to express the absurdist ideals that truth does not exist, and human life is precious.
As German philosopher Friedrich Nietzsche quoted “It is impossible to suffer without making someone pay for it; every complaint already contains revenge.” The defendant Mary Barnett has been charged with the crime of second degree murder of the death of her six-month-old baby. In some sense, a mother who killed her own child ,out of personal relationships, is obviously guilty. However, based on current evidence, the verdict could be arguable. Barnett qualified some criteria of a second degree murderer such as intentionally leaving Alison alone to die in their apartment. Due to her mental state, Barnett was not aware she was leaving her children instead thought the child will taken care of whey she was at California. It comes to the reason that Mary
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)
This judgment given set criterion which is still been used in the modern court system and due to this case it was developed that an offer of contract can be unilateral and doesn’t have to be made to a specific party only. Also it was developed to that the acceptance of an offer does not require a notification and that once the concerned party purchases the product the contract is active then and there itself. And it was also established that purchase of an item is a fine example of consideration and therefore makes it a valid contract. (Smith, 2000).