Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Rules in contract law
Introduction law of contract
Introduction law of contract
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Rules in contract law
A Bonzi found a necklace while staying at a hotel that is owned by Alpha Corp, and the question, “to whom does the necklace belong?” is asked. First of all, the type of property involved, from a legal perspective is personal property, and more specifically, tangible personal property because the necklace is a physical object that can be moved and touched. In determining who the necklace belongs to, the legal decision that needs to be made in relation to Bonzi is: who has legal ownership of the necklace? There is a legal rule that applies to people like Bonzi who find property. To start, it is important to note that personal property rights can be transferred by the intentions of one or more people meaning that it is possible to acquire property …show more content…
First, one would need to know whether or not the original owner intentionally abandoned the necklace or misplaced/forgot/lost the necklace. In the former situation, they have no possession rights, but in the latter situations, they still have rights to the necklace. Additionally, finding the original owner may be difficult. If they could not be found, it would be hard to determine whether the necklace was abandoned or not, but if they could be found and they had abandoned the possession, the decision for possession rights is between Bonzi and Alpha Corp. However, if the original owner did not intentionally abandon the necklace, they are entitled to possession of the necklace. Even if the original owner had abandoned the necklace, one would still need to know where in the hotel the necklace was found by Bonzi. If the necklace was found in a public area like the lobby of the hotel, Alpha Corp would have rights to the necklace. However, if Bonzi found the necklace in a private are such as his hotel room, he would have rights to the necklace. In a situation where the original owner could not be located, either Bonzi or Alpha Corp would gain possession based on where the necklace was found, and could keep the necklace indefinitely unless the original owner comes …show more content…
A determination needs to be made if MC Electric is required to pay GB the 50% commission on the deal. When determining whether or not the contract is binding, the area of law involved would be contract law. There are two rules/principles of law that apply to agents like Dortmund and his actions. The first legal principle has to do with whether or not Dortmund had the actual authority to make a deal with GB. Actual authority is the authority that is specifically set out in an agency contract where the principal authorizes an agent to act on its behalf. Additionally, actual authority may also be granted less formally through an oral delegation of authority by a principal. Dortmund could only have actual authority if his contract gave him the authority to make a deal like that with GB. The second legal principal that should be considered is whether or not Dortmund had apparent authority. Apparent authority exists when the principal creates the impression that the agent is authorized to act on the principal 's behalf. A principal can give apparent authority through conversation, but also through official job titles and positions (if they give the reasonable impression
...y within the United States and personal property used predominantly outside the United States are not property of a like kind.
5. (CP) Madame Loisel borrows seemingly expensive necklace to satisfy her arrogance and attend a party that was way above her social class, only to lose it. She has been blessed with physical beauty, but not with the lifestyle she desires. She may not be the ideal protagonist, but she went through a tough time after she lost the necklace and had to make money to replace it.
Does the introduction of a system of registration of title remove the need for the law to recognise possessory or equitable interests in land? Why? Why not?
It is often conceptualized that property is the rights of 'ownership'. In common law property is divided into real property, which is the interests in land and improvements there, and personal property, which are interests in anything other than real property. Personal property is divided into tangible property (such as a bike, car and clothse), and intangible property (such as bonds and stocks), which also includes intellectual property (copyrights, trademarks etc). The modern property rights conceive of possession and ownership as belonging to legal individuals, even if the individual is not a real person. Hence, governments, corporations and other collective forms of ownership are shown in terms of individual ownership.
A quinceañera receives a gorgeous gift from a family member on her fifteenth birthday, something that she will carry with her forever. In this cultural celebration for our family, it is very important for the father to give his daughter a special jewelry that resembles his love for her on her fifteenth birthday; the way it presents itself, how it would embody her physically, and how it would be carried throughout the years. My father took time and care in choosing the right gift for his princess. The gift that my father gave me was a necklace that touched my heart. It shines when light hits the gold carvings. It glistens in different shades of yellow when the sun comes out. This necklace started as a real gift of nature, so it has some natural variation in the size and shape. Every ornament is unique! The leaf is plated in copper, nickel, and finally gold. The process of the plating leaf into gold made the importance stronger to me, because it is very time consuming. There are two layers of metals applied to the leaf before the gold was applied. These layers help make the leaf very sturdy and long-lasting. It connects to the chain with an oval clip that has small cuts mimicking the shades and shape of a sea shell. The chain has two thin layers of gold crossing together, creating an ong...
and Mme. Loisel cooperate to find what seems to be an exact replica of the lost necklace, which they must purchase and return to Mme. Forestier. Mathilde attempts to find a replacement for the necklace to prevent Mme. Forestier from realizing the original had been lost. The couple travelled “from one jeweler to another hunting for a similar necklace” (175). They went together to look for the necklace, which proves that they are exerting mutual effort. M. Loisel uses all means necessary to pay for the necklace. He “made ruinous deals” (187) and “risked his signature” (188) in order to pay for the expensive diamond necklace. Though Mme. Loisel lost the necklace, her husband uses his savings and takes out loans to help her pay for the replacement. The couple acquires the necklace and must return it to Mme. Forestier. M. Loisel brings the necklace home, and “Mme. Loisel took the necklace back” (199) to the owner. The couple collaborates to get the necklace into the hands of its owner. Mathilde and M. Loisel work together to replace Mme. Forestier’s necklace, and she is none the
Maupassant, Guy De. “The Necklace.” 1884. Hole Mcdougal Common Core 9th grade edition. Common Core Edition ed. Orlando: n.p., 2012. 224-33. Print.
In 1785, the court jewelers, Bohmer and Basange, constructed a necklace with five hundred and forty diamonds of varying sizes in an ugly arrangement that resembled the collars worn by circus animals. They hoped that King Louis XV would purchase it for his favorite, Madame du Barry. Unfortunately, the king died before the necklace was completed. So, naturally the jewelers tried to sell the piece to the newly crowned Queen, Marie Antoinette, because she was known for her extravagant spending and taste. They priced the jewelry at and equivalent of two million dollars in modern money. The Queen declined the offer. She did not like the necklace and the price was even too high for her. Knowing that they would be ruined if the Queen didn’t buy their product the jewelers continued to plead with her for ten years. Each time she turned them down. Then, one day the Queen received a note signed by Bassange which said, “We have real satisfaction in thinking that the most beautiful set of diamonds in existence will belong to the greatest and best of Queens.” Puzzled by the message, the Queen, put the note to flame by a candle sitting on a nearby table (Komroff 85).
“The Necklace” is an ironic, amusing and witty short story which deals with themes such as the deceitfulness of appearance, the threat of martyrdom and the power of objects. The main protagonist in this short story is Mathilde Loisel. Born in a family of clerks, the alluring Madame Loisel is convinced that her social status the “Petite Bourgeoisie” is simply a blunder and Mathilde is destined for a life of prosperity. She pursues her life in perpetual revolt against her circumstances. However she is not living in poverty, with a comfortable home and a caring husband, yet she remains oblivious of all other than the riches she craves. Her lust for wealth is a continual torment and turmoil.
Nobody can really tell the difference between real and fake whether it is a piece of jewelry or a person. In “The Necklace” Mathilde did not know anything about the value of jewelry so she assumed it was expensive when really it was a piece of costume jewelry. This causes her to throw her whole life away. In “The Amber Bracelet” Breeze accepts what she has been handed and although her necklace may have no value to everyone else, it means everything to her because it came from someone she cares about. The value someone puts on an item can completely change a person’s life. If Mathilde accepted who she was and what she had would these events still have happened? Maybe if Mathilde was happy with the way her life was she would not have had to borrow the necklace and would not have had to spend all her money on a new one and spend ten years paying it off. Instead, she had ten miserable years and dragged her husband down with her, when she could have had many happy years with her husband and childhood friend. In both stories the protagonist wanted something they thought had value but learned had none. Not only can a person not tell real versus fake with objects, but also with people. In “The Amber Necklace the reader sees that Manager Lin has different personalities depending on who she is talking to. When she picked up her phone she answered in a “completely different tone” and her mother commented that “In
Values are spread all around the world, and many people’s values differ. These can lead to people being judged, or indirectly characterized by other people. In “The Necklace” Mme. Loisel is a beautiful woman with a decent life, and a husband that loves her, and only wants to make her happy. She is not rich but she makes it along, she insists of a better, wealthier life. When her husband gets her invited to a ball, she feels the need for a brand new fancy dress and tons of jewelry. When the couple realizes they cannot afford jewelry as well, they search out to borrow her friend, Mme. Forestiers’ necklace. She comes to notice she no longer has the necklace on when she leaves the ball. This later troubles her, as she has to work for a long time to collect enough money to buy a new necklace. This story describes the relationship between a couple, who have different dreams, and how desires can revamp your life. Guy de Maupassant, the author of “The Necklace” uses literary devices to prove people come before materialistic items.
This story is about Matilda and her husband. Matilda receives an invitation to attend to a party, but she has no jewelry to wear, so she borrows one from a rich friend. Unfortunately, Matilda loses the necklace at the party and has to buy a new one worth thirty-five thousand francs. She works for years to repay all the money she borrowed, but when she finally gets all the money, she finds out the necklace was worth “No more than five hundred francs.” This story has two unexpected twists in it: she loses the necklace and she works for years to pay it off, only to find out it is less than one sixth of what she paid. How Matilda deals with finding out the price is left to the reader’s imagination, but it shows that when Matilda loses the necklace she deals with it relatively calmly, borrowing money to buy a new one and later working for years to pay it
Even though the principal does not authorize, ratify, participate in, or know of the misconduct, he/she may be held for an agent’s tort committed in the course and scope of the agent’s employment. As noted in Case Study 1, an agent is to comply with all lawful instructions received from the principal and persons designated by the principal concerning agent’s actions on behalf of the principal. A principal who is under a duty to provide protection is subject to liability to such others for harm caused to them by the failure of such agent to perform the duty. A principal is not relieved from the separable part of a contract which he/she authorized the agent to make by the fact that the agent under took. Even where the agent’s unauthorized act constitutes a fraud on both the principal and the third person, the partial validity rule is applicable.
I wonder how she feels if it was all worth it to her now? When she sits to reflect on the evening filled with beautiful dresses and the succulent food is she remorseful. Does she realize that she is at fault for not only hers but her husband's downfall for the last 10 years? Some would blame the friend that never informed her the necklace was indeed pasted, others may say it was due to society's influence on women when truly the only one to blame was the person who stared herself in the mirror and envied what others may have.