Cases of the contract - Admission/Application Essay Example

Cases of the contract Answer one The contract signed between the dealer and John is unilateral. Unilateral contract exist in situations where the offeree accept an offer when the contract performed is completed. The contract normally involves promising to act on something at a stipulated time. The period when the contract is developed is different from the time of exchanging promises. Therefore, the contract between John and the sales person only ends when the money is paid fully. John signed a contract agreeing to pay a down payment of $500 in sixty monthly installments (Davidson, et al. pg 29). The contract was voluntary, where John convinced the sales person that he was able to do the payments without involving the father. The contract was never forced or based on mistakes, fraud, or undue influence. The agreement is also within the form that is required by law. John missed paying his first three monthly installments. He spent much of the money on gas. He also lost money on betting. A problem arises when he tries to cancel the contract. He realized, he lacked enough money therefore not able to honor the agreement. John wants to return the car back to the sales person on condition that he is refunded fully. Previously, the offer used to be revoked at any time before the contract ends. Basing on current terms, a contract is never revoked until it is completed. The sales person is justified to refuse the car back and his demands that John make during the previous installments and future payments are acceptable. Unilateral contract is not modified when the deal or contract is still ongoing, something that John was not aware. The dealer will win the case and John will be forced to pay and keep the car. John on the other hand, is to lose the case, as the court may not be able to invalidate the contract signed. Answer two Partial illegality contract concerns all the contracts that involve legal and illegal issues. Court can enforce the part that is legal and avoid the illegal part. Here, the contract was executed by mechanic. However, the drug smugglers have refused to execute their part. A valid contract contains elements such as, considerations that are legally sufficient, an agreement, legal capacity to enter the contract by the parties concerned and a purpose that is legal. The parties in the contract are drug smugglers, Jack and Jill. The two are involved in various smuggling activities. Jack and Jill visit Mexico each month to buy drugs in large quantities. The false tank that is being repaired by the mechanic in the new truck is the one used to hide the drugs during transit. According to the contract written between the two parties, the mechanic consented to make a gas tank in the specified truck belonging to Jack. The contract indicates that John do not intend to use the track for any illegal activity. The agreement stipulates that, $1000 be to be paid for the work done (Davidson, et al. pg 39). The mechanic may not win the case against the two drug traffickers. An invalid contract exists between the two parties. For a contract to be enforced the parties should have a legal capacity to sign and the purpose of the contract should be legal. The contract in this case may not be enforced. Drug trafficking is illegal and therefore, one of the parties in the contract did not have legal consideration to take part. The mechanic accepted to instill a tank that will be used for illegal purpose. The court may not enforce the contract if they find out the intention of the contract was illegal. Answer three The contract is between my shop (Royal coffee shop) located in Boston and Joe’s coffee supply located fifty miles from the area. The contract was signed on 31 October. The following statements were drafted. Joe’s coffee supply agrees to supply 100 kilogram of bulk coffee to royal coffee shop at 7. 00 am each Tuesday. The aim of the contract is to ensure there is enough coffee for the shop to run for a week. It will also help in situations where excess or less products are supplied. The second contract drafted is, Joe’s coffee supply agrees to pay for any damages on the product while on transit. The contract will ensure my shop do not incur extra money on products damaged before they are dispatched. The third contract statement is, Joe’s coffee supply agrees to receive payment for the products and services at the end of each month. The time of payment is essential in planning for the business. The fourth contract statement is, Joe’s coffee shop agrees to supply coffee to Royal coffee shop for five months. The period of supply is important. Assessment will be made after the fifth month to determine if the contract can be renewed. Royal coffee shop agrees to pay Joe’s coffee supply 150 dollars for each kilogram of coffee supplied. Knowing the exact amount to be paid will help prevent the supplier from overcharging due to change in market demand. The sixth contract statement states that, Royal coffee supply agrees to submit payment to Joe’s coffee supply for the services and product within 15 days after receipt of invoice. The set time is essential in payment preparation. The seventh statement is, Royal coffee shop agrees not to pay for damaged products supplied by Joe’s coffee supply. The statement will prevent the shop from sharing loses with the supplier in cases of damage. The last contract statement is, Both parties agrees that the products will be delivered in time and payment made in time, US $ 5 will be charged per each kilogram of coffee supplied one hour after the agreed time. The statement will ensure the suppliers are serious with the time of product delivery (Davidson, et al. pg 100). Coffee delivered in time will boost the business. Answer 4 John should not file his lawsuit in Massachusetts because of the fact that, he agreed to the terms of services of twitter without going through the instructions. Clicking the box confirmed an agreement between the two. According to twitter, the person utilizes their services only after forming a contract with the company. The privacy policy of Twitter Company stipulates that any information provided to their account be scrutinized as per their policy on private issues. Twitter does not operate on the user’s information without their consent. The account allows users to read their terms of service before making an agreement. John Smith’s complain is baseless. Twitter is justified to use his private information, because he allowed them to do so. A contract existing between Smith and the company is legal. He should not blame twitter for his own mistakes (Davidson, et al. pg 34). Work cited Davidson, Daniel V, Lynn M. Forsythe, and Brenda E. Knowles. Business Law: Principles and Cases in the Legal Environment. , 2014. Print. Read More