Legal Issues from - Case Study Example

Legal Issues from Case Study Legal issues from case study There are various legal issues in the case study. They include jurisdiction, torts, crimes, contract formation, remedies, sale contracts and agency. Jurisdiction Jurisdiction is the authority granted to the coat by the relevant authorities to adjudicate cases through legal proceedings and issue orders. It also refers to the geographical location or territory within which government entity, or a court, my exercise it power. A major fundamental question in law is whether a particular coat has jurisdiction to preside a particular legal or civil proceeding. In such a situation, it can be broken down into three entities: jurisdiction over an individual, jurisdiction over a particular subject and that to render the particular judgment that is being sought. The jurisdiction of a particular subject matter refers to the authority of the court to preside cases concerning contracts and civil right issues. States court are granted general jurisdiction that allow them to hear any case unless it is prohibited by the law of the state. Some states prohibit subject matter jurisdiction for cases not involving their state citizen, and those that happens outside the state. They also include those that are the mandate of federal courts. In the case study, one of a legal case arising on the jurisdiction is when company violated the law by operating in three different jurisdictions, yet its plumber was licensed in only one jurisdiction. There was a jurisdiction to hear the case between Knarles and Chentum as the state courts have general jurisdiction and the case was among those under the docket of the state laws. Furthermore, it does not qualify to be handled by the federal court (Rakoff, 2013). Torts Tot refers to civil cases or cases that deal with conflicts between private individuals. It can be redressed by paying of damages. This is a remedy by compensating the harmed party by monetary awards. Damages legally refers to the money that law directs one to pay after breach of duty or violation of a particular right. There are two categories of damages, which are punitive and compensatory. In the case of the former, they are awarded to punish the offending party, while the later were awarded to compensate the affected party for the loss or injury. The damages are further classified to liquidated and nominal damages. There are general guidelines that govern the damages to be awarded. For instance, it’s a general concept that punitive damages cannot be imposed in contractual cases that have not been proven to be wanton, deliberate or willful In the study, the case between Knarles and centum falls under the torts, since it is a civil case dealing with a conflict between private individuals. In addition, Chentum is suing for damages after breach of duty by knowles. The applicable damages here are compensatory, as he wants to be compensated due to poor workmanship on the leaking boiler, and for work not completed as per the contract. The damages are also liquidated as there cannot be proven to be wanton. Crimes Crime is an act or an act omission that violates the public law. The government under the criminal law prosecutes these. The state prosecutor who initiates the suit on behalf of the state carries this out. When there is a conviction under the criminal law, one can be incarcerated, fined or face both. However, there are few common criminal laws. Nevertheless, most crimes fall under the jurisdiction of the state and federal government. Crimes consist of felons or the serious crimes, and misdemeanor or less serious ones. The former category includes rape, robbery, and murder that are punishable by one year or more imprisonment, while the later are usually punished by less than one-year imprisonment. An action can only become a crime if it has been established by common law or statute law previously. The statutes describing criminality are can be categorized to two main categories. They are an act or mental state. In both cases, the prosecutor must prove to a jury beyond reasonable doubt to yield a conviction. Every state has a penal code as far as this law is concerned. The codes define what a crime is and not as well as the punishment for a specific crime. It is a jurisdiction of each state to draft new criminal laws, but they have to be constitutional. Hence, what is a crime in one state may not be in another state. The police do crime investigation by gathering evidence, while prosecutors file the charges and decide what to prosecute or not. The defense advocate, a qualified attorney provides defense for the accused (Rakoff, 2013). There is various crime committed in the case study. The plumber was practicing without a license as his employer omitted to renew it as per the agreement, in the employment contract. Chentum committed a crime by installing a defective boiler in the house, endangering the lives of the tenants. In addition, he also authorized the repair of the same even after being advised not to, by the professional. He is also being accused by one of the members of house maintenance community of stealing plans for converting old HVAC systems to the new ones. Knowles, on the other hand, committed a crime by ordering the quick fix of the defective boiler, even after being given the professional advice by the plumber. The plumber also committed a crime by fixing a defective boiler and endangering the lives of the tenants. Contract formation The contract, which is an agreement between two or more individuals, which is legally recognized when executed according to specific conditions. The contract must be specific and able to reflect the agreement between the parties involved. Contracts were a key part in almost every business .therefore, it is vital for all the parties to understand the terms, rights and the responsibilities of all the parties under the contract. There are two main elements in contract formation. These are the agreement and consideration. However, there are minor elements like formalities and capacity. Acceptance of the offer happens after unqualified acceptance of all the offered terms. The offer is only accepted after the agreement is acknowledged by the one offering. This occurs after successful communication. Consideration is the requirement of the reciprocating on both parties to the contract. The terms of the contract were made through writing, orally or through the acting of the parties. Most commercial agreements are made in writing in order to maintain clear records. However, oral contract has a high probability of disputes on the terms due to unavailability of the data. Contracts are sometimes formed by course dealing by concerned parties, but terms, condition has to be clear, and the general terms have to be documented, to avoid evidential problems. The general practice is where the contract was made by companies standards, to avoid problems arising from the parties purporting to contract the on their standard terms and conditions. There are essential requirements that have to be included in any contract. These are the names and addresses of the contracting parties, the definition and interpretation of the terms of the contract, and payment provisions. That is, the exact price of services or the goods and payment dates have to be clearly indicated. The length of contract, time scale and limitation of liabilities has to be defined. In addition, the termination provision, change of control, dispute resolution, confidentiality, instinctual property rights and warranties has to be clearly indicated. When the contract is concluded, it is necessary to monitor the performance. Normally, there are mechanisms set out for the governance of the parties’ relationships, and timescale and payment plans provided by the contract must be followed (Rakoff, 2013). There are several regal contract issues in the study. The Knarles’ Company has a number of contracts with building owners for building maintenance. However, the contracts that were once written have not renewed with newly written agreements. That means if there is a breach of contract by any party it can be very difficult to effect the contractual obligations due to lack of data. Moreover, may end up being null and void. Knarles has also breached contract with the plumber by not renewing his practicing license. In addition, he did not fulfill the contractual obligations with chetrum by not doing a full business and he has been paid. Chentum was intending to sue him for breach of contract. He was right as they had a signed and binding contract. Remedies of breach of contract There are various remedies when there is a breach of contract. It includes award of damages, specified performance, and restitution and rescission. The main remedy in court jurisdiction is award of damages this is because rescission and specific performance do not fall under the court jurisdiction there are two types of damages that the court can award when the breach of contract is proved. There is the compensatory damage that takes care of the loss that affected non-breaching party due to a contract breach. The amount awarded is meant to cover the loss, which results from the breach. The compensatory damages are further broken into two groups. These are the general damages and that directly covers the loss from the breach of contract and ere the most common in the courts. The other type is punitive damages that are awarded to punish for the wrong done and sever as deterrent to would be wrong doers. Punitive damages are not common in the breach of contract cases. They are most common in tort cases for the punishment of reckless and deliberate offenders that cause personal harm (Kelsen, 2007). The regal issues of remedies arise in a situation where Cheatum wants to sue for breach of contract. His intention is to be awarded compensatory damages to cover the loss from the breach of contract by Knowles Sales contract A contract of sale of good is one in which the sellers agrees to or transfer the goods or property to the buyer for monetary consideration or price. The contract may be between one part owner and another, and can be conditional or absolute. When a good or the property is transferred to the buyer, the contract is known a sale. However, when the contract of the sale of good and services is to be made in the future or is subject to other conditions, which have to be fulfilled later, it is known as an agreement to sell. The agreement to sell became a sale if the time elapses or when the conditions subjects to the transfer of property or the goods are fulfilled. The potential of selling or buying is governed by general law the deals with capacity to transfer and capacity to acquire property. If a case arises, where the necessaries are sold to a minor or someone who has no mental capacity to transact, a reasonable payment is made for them. The contract is made in writing or by word of mouth or can be partial in writing and partly by word of mouth. The goods involved may be with the owner, owned by the seller or he has to obtain them later after making a contract of sale. If the goods perish without the knowledge of the seller when the contract is made, the contract becomes void. However if the good perishes before sale, when there is an agreement to sell the agreement is avoided. In the case study no legal case arose concerning sale contract Agency The law of agency permits one person to be employed by another person, to work or obtain property on his behalf and sell his goods, while acting as if the employer is present and acting in person. The principle may give authority to the agent to perform various duties while at the same time restricting him to perform others .how eve, regardless of the magnitude of the task, the agent remains principles representative and is subjected to principals control. In addition, any consequences or liability from the action of the agent, the principle is the one accountable. A good faith relationship or fiduciary relationship exists between the two for the principle benefit. The agent is required to exercise royalty to the principle, be reasonable and caring, and protect the principle’s interest. An agent who works for his own interest violates the fiduciary duty is the responsibility for any loss that occurs due to a breach of fiduciary duty. The principal and the agent create the consent in this relationship. However, the relationship can be created by a contract though not very necessary, when it is very clear the parties want to act as principal and an agent. The major aspect of principal agent relationship is the control. The principle direct and control the agent (Kelsen, 2007). The legal issue raised in the study is portrayed by the working relationship between the Knowles and his plumber. Since the former was the contractor, he was the principle and the plumber was the agent. The plumber was acting under the directions of his principle. Knerles and his son, who was acting on his behalf when he had gone in Hawaii for the green facility maintenance trade show, also illustrate it. References Rakoff, Jed S. (2013). Rico: Civil and Criminal Law and Strategy. S.l.: Law Journal Seminars Print. Kelsen, H. (2007). General Theory of Law and State. Clark, N.J: Lawbook Exchange Print Barber, J. D. (1988). Politics by humans: Research on American leadership. Durham: Duke University Press Todd, P. (2003). Cases and Materials on International Trade Law, New York: Sweet and Maxwell (place your paper directly on njerudeeewriters@gmail.com for better rates by the same writer) Read More