The Wagering Contract - Assignment Example

LAW QUESTION ANSWER Before embarking upon the reply to this question, it would be appropriate to define gambling, as well as the wagering contract. Gambling or gaming is an agreement between two or more individuals to play collectively at a game of chance for a stake or wager, which will become the property of the winner and to which all involved make a contribution. (Quoted in legal-dictionary.thefreedictionary.com) hence, an agreement is gambling provided it fulfils the following conditions: An agreement between two or more individuals or parties The agreement is made in order to play a game of chance collectively The game is for stake or wager The winner would be the sole beneficiary of the property contributed for the game In the case under-study, Sam Wilson is approached by his coworkers to participate in a football pool, where there exists the probability of winning a new car by one of the players i.e. the winner. Since football pools are meant for betting in favor one specific team or player, it comes under the definition of gambling. Section 6 (1) and (2) of the Gambling Act 2005 defines gaming in these words: (1) In this Act “gaming” means playing a game of chance for a prize. (2) In this Act “game of chance”— (a) includes— (i) a game that involves both an element of chance and an element of skill, (ii) a game that involves an element of chance that can be eliminated by superlative skill, and (iii) a game that is presented as involving an element of chance, but (b) does not include a sport. Hence, the activity offered to Wilson is gambling, and does not come under the fold of sports at all. Consequently, the activity is illegal in the eyes of law and void agreement according to the statutes of Contract Act. QUESTION 2: (ANSWER): In the case under analysis, the following facts appear: Sam and his cousin are the parties to the contract, where the Sam is the borrower and his cousin is the lender Sam has borrowed $ 1,000 from the cousin, and lent the same amount to Sam. The agreement was completed with the free consent of both the parties to the contract without any signs of coercion, fraudulence, misrepresentation or undue influence The parties to the contract did not decide the time period, mode and method of payment The agreement was not in written form, nor there was any witness or proof of entering into the agreement The cousin demanded his amount, and in response of his demand of repayment, only 19% of the total borrowed amount was paid to him by Sam through check Since Sam had written on the check that it was the full amount paid by him to his cousin, the cousin got it cashed from the bank The cousin could return the check to Sam, or could make him remove the words full payment from the check, but he did not bother it Since check is an important negotiable instrument, which serves as an imperative document in the eyes of law, it proves the very fact that the borrower had paid the full amount to the lender. There are two types of offer and acceptance to an agreements i.e. Express and Implied. Express offer or acceptance involves words, whether written or oral, and Implied form of agreement is considered on the basis of the performance of an act. Since, the cousin accepted the check from Sam, and did not protest against it, it means that he has accepted the terms and conditions of the offer made by Sam. Consequently, the cousin cannot claim any remedies against it, provided he accepted the terms and conditions of the agreement by receiving the check from the borrower i.e. Sam. QUESTION 3: (ANSWER): The case above-mentioned carries the following facts: The Cameo Industries clearly declared sexual harassment of workers as the direct violence of its rules and regulations, which could be led to penalties inflicted upon the violator Maureen suffered the sexual harassment from her supervisor, which was an obvious violation of the rules and regulations determined by the Cameo Industries Maureen lodged a complaint against the supervisor before the concerned official of the company The supervisor was warned thrice against his professional misconduct, but no action could be taken against him. Since Maureen could not seek any remedy against her supervisor, she had been under constant threat of sexual harassment, she could not get any solid or effective remedy against the harassment, she had to seek legal remedy from the court of law Since the management of Cameo Industries has established some rules within its workplace, they must have implemented these rules for the security and welfare of the staff members on the one hand, and for the growth and discipline of the organization on the other. The employment law, Lester (2001) argues, can and should play an important role in providing feasible ways for families to balance the conflicting demands of work and care-giving obligations, particularly as women continue to seek full participation in the workforce. Though the company had no powers to announce legal penalty to the supervisor, it could seek the help of law enforcing agencies for the application of its rules. Since the management of the company failed to take any action against the supervisor, it is liable to be tried in the court of law on the basis of not providing a secure and pleasant atmosphere to its staff members. QUESTION 4: (ANSWER): The case maintains the following facts: The Jarvis family owned its land for more than 150 years, and cultivated it on the one hand, and bred and looked after the farm animals With the passage of time, the area turned into a sub-urban zone, which forced the Jarvis sell their animals Another family raised pigs in the same area seven years later to the issuance of an ordinance discouraging farming Since the statutes of law are observed by all individuals and families equally, so if one family is banned to farm animals in a land, the other family or group of individuals also do not have any right to exercise the same activities. But with the passage of time, laws can be revised according to the changing scenario of a social set up. In addition, farming of dangerous animals in city area is strictly prohibited according to the criminal procedure code. In the same way, the neighbors of that family can also take the plea that it has no right to farm its pigs in the declared suburban zone. REFERENCES: Lester, Gillian. Unemployment Insurance and Wealth Redistribution (Quoted in http://www.law.berkeley.edu/files/UI_Redistribution(1).pdf) 2001 2-3 The UK Gambling Act 2005 Section 6 (1) & (2) Office of Public Information Center 2009 Gaming (Retrieved from http://legal-dictionary.thefreedictionary.com/gaming) Read More