The reputation a person holds in their field can gravely affect their reach and the demand for their services, when their reputation and experience is exceptional their services will be highly requested all over the country. The previous scenario was precisely 36 year old, Dennis Young’s situation, he was known for his skill to shoe horses also referred to as a farrier. He not only had a wonderful reputation but also the experience to back up his skill, he had been working as a farrier since he was only 14 years old. Due to his tremendous skill it was common for him to travel around the country shoeing horses, so it was no surprise when he was contacted by Debra Novac a woman who lived in Washington State and wanted Mr. Young to provide his …show more content…
Young must try to collect any evidence that shows an arrangement for his services was agreed upon, considering how there is no contract concretely validating this agreement. One thing Mr. Young should have are phone records, this is important because he can use them to show that Mrs. Novac contacted him and was interested in his services. Not only that, but he can also use those phone records to prove that Mrs. Novac called him to cancel late the night of the day before he was supposed to carry out his services. Another thing Mr. Young should have are the receipts from all the expenses Mrs. Novac agreed to cover in association with the completion of his services. The receipts should include expenses such as: the materials (shoes & any other) he bought, travels expenses such as food and gas, and hotel charges. It would also be beneficial if Mr. Young had a prepared copy of the estimate he gave Mrs. Novac. For more see on how to prepare for small claims court see …show more content…
Young should implement a contract for use in future dealings. His contract should be thoughtfully made and include the following five elements: a specification of the exchange, the duration of the contract, choice of law, a rescission/termination clause, and an arbitration clause. A specification of the exchange needs to be included because it should be evident what it is that the two parties are agreeing to trade, in this case Mr. Young would be exchanging his farrier skills for monetary compensation. For more on why the exchange between two parties should be included see Beesley. The duration of the contact is important because the parties must be aware of when the contract begins and ends, for Mr. Young this would refer to whether his job started as soon as he left for Washington or not, as well as when it should have ended. For more on duration in a contract see “The Contract: Potential Issues and Sample Clauses.” Mr. Young should also include choice of law because depending on where the person he is initiating a contract with lives, California may have more convenient or lenient laws than the other state. For more on choice of law see Stim. A rescission/termination clause must be included to protect both parties in the case one of them wants to terminate the contract or if the contract is breached because it would stipulate for what reasons a contact can be ended,
Maria had spoken with Eva over the phone concerning the correct total amount of $60,000 for rendering decorating services provided by Eva. Maria had sent a letter of the telephone conversation stating that Eva agreed to take $60,000 in full satisfaction obligation under the contract. Although Eva, changed her mind when depositing the check in the bank, she legally entered a mutual agreement over the telephone where it resulted in a unliquidated debt, payment is lower than actual.
The contract between the Alvarez Companies and Laduzinski carried the certain elements of a basic contract since there was an offer, an acceptance, and a consideration. Perez offered plaintiff a position with the Alvarez companies, adding that the company was interested in obtaining plaintiff's contacts to have
Aldo shipped 10 refrigerators to Rafael pursuant to a sales contract under which title to the goods and risk of loss would pass to Rafael upon delivery to Fleet Railroad. The agreed price was $5,000. When the refrigerators were delivered to Rafael, he found they were damaged. An estimate for repairing them showed it would cost up to $1,000, and an expert opinion was to the effect that they were defective when shipped. Rafael put in a claim to Aldo, which Aldo rejected. Rafael then wrote to Aldo, “I don’t like to get into a despite of this nature. I am enclosing my check for $4,000 in full payment of the shipment.” Aldo did not reply, but he cashed the check and then sued Rafael for the $1,000 balance. May he recover? Explain.
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
Recalling her successes before, without a doubt, Campana is quite the adept software saleswoman with the skills and experience to back it up. Further, the case makes it worthy to add that Campana also graduated with a Master’s in Business from a large, Midwestern University. Being so well-experienced would have yielded many connections for the Buckeye Group, and would further build a network that Campana could use in her future endeavors. More importantly, due to her familiarity with the product and software in general, Campana has the significant advantage of already knowing her target market, should she decide to take the marketing job at MetalCoat. Such knowledge would certainly make her transition into the new job easier to
Whether oral or written, the contract must manifest a mutual intent to be bound expressed in a manner capable of being understood, and include a definite offer, unconditional acceptance and consideration.” (Express Contract 2016) The above definition is a much clearer explanation with key elements outlined; 1. mutual intent, 2, expressed in a manner capable of being understood, 3. definite offer, 4. unconditional acceptance and 5. Consideration.
In the assigned case of Dick Spencer, we look into the personal and professional life of Dick Spencer, who performed sales and managerial roles. We will analyze the factors that contributed to his success in sales and tribulations as a manager. A variety of factors contributed to Dick Spencer’s success and tribulations. We will thoroughly analyze each factor, examine each issue, and provide a recommendation. Specifically, we will examine the issue with the Siding Department.
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
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,
Don Bradish was recently hired to fix scheduling issues with the new company in which he works, The Fitzgerald Machine Company. There are a few relevant facts that were given in this case study. The first and foremost fact is Mr. Bradish was hired because the company is having issue with their scheduling. This is important because he comes in with a relevant degree and years of experience with a reputable company. He is going to be looked for to find a solution to the issue outlined in the case study. The second relevant fact in the case study is that the company that The Fitzgerald Machine Company is working with is having labor issues. This is considerable because the $300,000 order is a considerably large
(b) the other party does make the contract in the course of a business; and
According to the scenario, Jacob and Krystal worked in an ad agency that started five years ago in Topeka, Kansas. The ad agency was barely making a profit and needed a large client, which led the agency to put in a bid for a city government contract. Due to Jacob’s son being sick, he was preoccupied with taking care of his son and left Krystal with most of the work. Krystal prepared the presentation and met with Jacob the day before the final meeting with the client.
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)
A contract is an agreement, either oral, in writing or inferred by conduct, between two or more persons (the offeror and offeree or promisor and promisee) which is usually intended to be legally binding. A contract concerns 3 main issues, firstly, is there a contract? Secondly, is the agreement one in which the law recognises? Thirdly, when do obligations under contract come to an end and what remedies are there if a contract is broken? (Jones,2015). The question at hand surrounds Sam, who had been offered the opportunity to earn some money for university by helping Jo. But when Sam leaves for university, Jo refuses to pay any money. The following discusses whether Sam has a contract and whether he is entitled to be paid.
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,