StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Contracts forming - Case Study Example

Comments (0) Cite this document
Summary
The term implied by conduct includes offer and acceptance,ie in nutshell,a contract is a civil liablity which is comprised of offer from one party and acceptance by other party either orally or in writing.
So in this case, Arkwrieght has already shipped the paint to Mr.Brennen after making the contract through the phone .It means the contract is valid as the offeror Mr.Brennen is accepted the offer.As this is avalid contract either of the party can claim for the damages if any loss occurs.
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.2% of users find it useful
Contracts forming
Read TextPreview

Extract of sample "Contracts forming"

Download file to see previous pages X agrees to sell a particular horse to Y on expiry of 8 days.The horse was delivered on the trail for 8 days.However the particular horse died on the third day without any fault of either seller or buyer.The agreement becomes void .
X agrees to sell 10 tonnes of potatoes to Y.X sowed sufficient land to grow morethan 10 potatoes.But any fault of X a disease attacked the crop and only about 8 tonnes of potatoes could be given. The agreement becomes void.
In this case, the contracted good ie 5 cans of paint is already perished before it is passed to Mr.Brennen without the fault of either parties.So this case falls under sec 11 of SGA.Hence Mr.Brennen can not seek damages from Arkwreight.
Sometimes it may happen that the employer or superior will be responsible for the acts of their subordinates or in broader sense the responsibility of the third party that had the right,abilityor duty to control the activates of the violator.ie, employers are vicariously liable for negligent acts of their employees in the course of the employment.But it is to be
remembered that for an act to be considered within the course of the employm...
Howell vs Coupland**
X agrees to sell 10 tonnes of potatoes to Y.X sowed sufficient land to grow morethan 10 potatoes.But any fault of X a disease attacked the crop and only about 8 tonnes of potatoes could be given. The agreement becomes void.
In this case, the contracted good ie 5 cans of paint is already perished before it is passed to Mr.Brennen without the fault of either parties.So this case falls under sec 11 of SGA.Hence Mr.Brennen can not seek damages from Arkwreight.


B. whether Freda is entittiled to get damages

Before proceeding to discuss whether Arkwreight is liable to pay off the damages to Freda, we will explore the concept of 'vicarious liability','negligence', and 'duty of care' under Tort Law.
Sometimes it may happen that the employer or superior will be responsible for the acts of their subordinates or in broader sense the responsibility of the third party that had the right,abilityor duty to control the activates of the violator.ie, employers are vicariously liable for negligent acts of their employees in the course of the employment.But it is to be

*Eplick vs Barness 15.11,Buisiness Law,Tulsian,P,C
** Howell vs Coupland 15.12,BuisinessLaw,Tulsian P.C
-3-
remembered that for an act to be considered within the course of the employment ,it must either be authorized or be so connected with an authorized act and that it can be considered a mode,of performing it.***
Whenever we discusss the vicarious liability of an ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Contracts forming Case Study Example | Topics and Well Written Essays - 1000 words”, n.d.)
Contracts forming Case Study Example | Topics and Well Written Essays - 1000 words. Retrieved from https://studentshare.org/miscellaneous/1517784-contracts-forming
(Contracts Forming Case Study Example | Topics and Well Written Essays - 1000 Words)
Contracts Forming Case Study Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/miscellaneous/1517784-contracts-forming.
“Contracts Forming Case Study Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/miscellaneous/1517784-contracts-forming.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Contracts forming

Contracts

... specialized parties with the sole purpose of completing a very complex project. It should be noted that complex relationships should not rely on fiduciary relationships, performance and satisfaction of the obligation of the contract by each party should be governed by the criteria stipulated in the contract. Contracts should include the offer by one party in exchange for a tangible consideration and the acceptance by the other in the form of performance. Contracts indicate that there is meeting of the minds with regards to the creation of a legal and binding relationship over a single purpose anchored on the capacity of each party to deliver their obligation congruent to what is stipulated in the contract. It is essential to note...
12 Pages(3000 words)Coursework

Forming Attachments

...? Forming Attachments Research question: To what extent does attachment in infants affect behavior in adults/children? INTRODUCTION Every human being is bound to be attached to another for one reason or another. Here, we shall be highlighting the importance of attachment between a mother and child and the effects that come with lack of this kind of attachment. The topic of attachment was picked because it forms the basis of human development. It is also been discovered that attachment in its self occurs in stages and in different intensities. Moreover, the development of attachments is greatly and clearly manifested in infants. In addition, we shall also look at the various ways of solving the problems that arise from poor attachments...
12 Pages(3000 words)Essay

LAW 5 forming business

.... The Indian populace is culturally sensitive. The firm must encourage cross cultural understanding amongst its workers so that goods and services do not hurt the sentiments of the masses. 4. The firm must thoroughly understand its legal system before undertaking business contracts and partnership. 5. It should also create awareness about climate change through seminars and workshops, especially in schools. The children would understand the need for green technologies like recycled goods and carbon footprint. It would help develop a dedicated segment that would prefer clean technologies and thereby increase its market for them. (words: 519) Reference Barney, J. B. and Hesterly, W. (2005). Strategic Management and Competitive Advantage...
2 Pages(500 words)Essay

Contracts

..., the offeree must provide a specific compensation for the promise fulfilled, often referred to as a consideration. Additionally, agreements only amount to contracts when formed with a legal purpose and with the intent to create a legal obligation between the parties involved. For this reason agreements between family members, with the exception of commercial agreements do not create a valid contracts. Certainty of the subject matter is another essential requirement of a valid contract since contracts cannot be based on ambiguity or unclear subject matter. Finally, agreements forming contracts must be mutual, coercion or undue influence invalidates a contract. The parole evidence rule holds that when the contracting parties agree to record...
1 Pages(250 words)Essay

Contracts

...Insert Wood v. Lucy, Lady Duff-Gordon (1917) Facts Lucy Lady Duff-Gordon was a popular public figure who attached her togoods in order to improve sales in return for compensation. She hired Mr. Wood to assist her and allegedly forfeited the exclusive rights of issuing licenses out to third parties to her new agent under an arrangement that would entitle her to half of the returns obtained therefrom. Mr. Wood sued her for the breach of contract following her direct participation in the same business, now alone and without sharing the proceeds with Mr. Wood (Smith 29). Issue The court was to determine whether Ms Duff-Gordon was in breach of the earlier contract. Decision The lower appellate court disallowed Wood’s prayers by holding...
2 Pages(500 words)Assignment

Contract Law: Types of Business Contracts and its Forming

Types of contracts in the UK include written verbal, online and deed contracts. Written contracts involve agreements documented and signed by parties on paper. Parties sign such contracts after reading all terms and conditions therein. Verbal contracts are expressed by word of mouth. Offer and acceptance are expressed verbally. Execution of such contract depends on the good faith of both parties. Online contracts are agreements formed through the internet. Such agreements contain all basic requirements of written contracts. Finally, contract of deed refers to those agreements entered by parties dealing with real estate and related properties like land. Such contracts contain a third party which may be a trustee or mortgage provide...
6 Pages(1500 words)Assignment

Contracts

... Contracts A contract can be described as an agreement between two or more parties pertaining to the details of the various particulars that have been settled upon in this understanding. It holds legal viability and therefore can serve as a means of protection for individuals ensuring that they are not dealt with in an underhanded manner after an agreement has been made. It can also serve as evidence of the agreement that is in place(McKendrick Pg2). There are a number of different contracts that are available to an individual and they can be of use depending on the particular situation, some of the more common contracts that help most individuals involved in business deals include: Confidentiality Agreements – These are contracts...
2 Pages(500 words)Essay

Contracts

... in the series prior to the first to occur of: (i) the first anniversary of the Publisher’s first publication in book form of the last book under contract to the Publisher in the series or (ii) six months after the publication by the Publisher of a paperback edition of the last book under contract to the Publisher in the series. (d) If the Work is a work of fiction, the Author will not authorize publication of any other novel in hardcover or paperback book format within the Exclusive Territory to be published prior to the end of six (6) months after the Publisher’s first publication of the Work in book form (excluding a novel for which the Author is already under contract to another publisher and reprint editions of previously published...
2 Pages(500 words)Assignment

Contracts

...1) There is a valid contract between Adam and Bill since they agreed on two aspects; to open a joint venture and that Bill would sell Adam the restaurant in three years depending on its profitability. As a point of departure, it should be noted that a contract is a legally enforceable agreement between two or more people (Gibson, 1988). A contract can be verbal or in written form. Though Bill refused to sign the contract, the verbal agreement reached is binding. When a contract is created there is an offer and acceptance of that offer. Bill offers to sell Adam the restaurant and Adam accepted and this shows that a valid contract was cleared. Consideration of the terms of the contract also constitute a valid contract and it can be seen...
1 Pages(250 words)Assignment

Contracts

... Express Warranty A warranty refers to guarantees, assurances, or promises that consumer good will do what it is intended to do (Margaret 123). The warranty usually has limits to what it covers (124). The United State has various Federal and State laws that govern warranties, in particular, furniture, and the remedies associated with the warranties (125). Section (2), clause (106) of Business and Trade Code defines a contract for sale as a contract to sell goods later in future or current sale of goods. In clause (401), the term sale means exchanging the ownership of goods for a price to the buyer from the seller. Clause (213) of section (2) states that express warranties are usually in the form of a sample mode, affirmation, description...
1 Pages(250 words)Essay

International Sale Contracts

Some general rules have been laid out, in reference to the passing of property from seller to buyer, in accordance with Sections 18 and 19 of the Sale of Goods Act of 1893. Section 18 of the Act is specifically concerned with the ascertainment of the goods, such that they are earmarked by the Seller to demonstrate his intention to use the goods to fulfill the contractual terms.

In the case of Re Wait4, the buyer paid an advance fee for a shipment of 500 tons of wheat out of a bulk shipment of 1000 tons. However, when the seller went bankrupt, the question that arose was whether the Buyer had the right to the property, having paid for it. The Court held that he did not because those 500 tons were still a part of the bulk...
14 Pages(3500 words)Case Study

Legal Aspects of Commercial Contracts

In addition, the working day could not exceed eight hours. Moreover, individuals working in the night shift had to be provided with free health assessments. Further, every worker was to be permitted an eleven hour rest period daily (Hardill, 2002. P. 66). In addition, there had to be a one day break from work per week. Furthermore, if the number of working hours were in excess of six hours per day, then the employer had to allow a rest break during the working hours. Finally, it was specified that every worker was entitled to four weeks of paid leave per annum (Employment Matters, 2007).

At the time of his employment, Ben was seventeen years. All the same, he was made to work for more than forty hours a week. In additio...
6 Pages(1500 words)Case Study

Way in Which the Courts Approach Questions as to the Formation of Contracts

... was supported by consideration. The inclusion of the consideration allowed the court to determine how long the defendant would be prevented from negotiating with other interested parties. The court, in this case, felt that although there had been no specific agreement as to when the contract could be terminated, the presence of consideration allowed the court to imply that the contract could be terminated on reasonable notice. Agreements to use ‘best endeavours’ have also created difficulties for the courts in determining whether a contract should be enforceable. Such agreements are outside of the standard form of offer, acceptance and consideration. In general terms, the courts will regard such agreements as merely an agreement...
6 Pages(1500 words)Essay

Pre-Incorporation Contracts and Resolution of Problems

1. A corporation will not be in a position to ratify such pre-incorporation contracts which a promoter alleged to enter into in lieu of the corporation prior to the existence of the corporation (Kelner v. Baxter).
2. A promoter can be held liable for a pre-incorporation contract only if it can be proved that the situation was such and it had the aim to make the promoter a representative to the contract. (Kelner v. Baxter as understood by Newborn v. Sensolid Ltd.,1 Black v. Smallwood,2 and Wickberg v. Shatsky3).
3. If a promoter purports to act as a representative of a corporation before its formation, the promoter can be held liable for a breach of assurance of office (Black v. Smallwood; Wickberg v. Shatsky). On the o...
9 Pages(2250 words)Case Study

Variety of Business Contracts

...Case LO1a: Types of business agreements or contracts As a businesswoman, Katie needs to know the basic principles of business agreements and contracts become she binds herself to any business agreements. Business agreement or contract establishes the agreement between parties whereby the parties fix their rights and duties in accordance with their agreed terms. Contracts are classified according to their nature and binding effects on the parties and upon third persons (Rose, 2009). The most common types of contracts are contracts under seal, express contracts, implied contracts, bilateral and unilateral contracts, contracts of adhesion and aleatory contracts (Burrows, A. (2009). One of the oldest forms of business contracts...
8 Pages(2000 words)Case Study

Importance of the Koran Forming Contemporary Islamic Culture

... Importance of the Koran in Forming Contemporary Islamic Culture INTRODUCTION The Islamic holy book, the Koran, has been debated in regards to authorship for many years. Some members of Islamic society believe that these are the words of Allah (God) that were divinely passed down from prophet to prophet over a period of centuries. This belief gives the Koran direct authorship from Allah as a means to spread His word to all people who hold firmly to the Islamic faith. Some members of society believe the Koran was written by the prophet Muhammad sometime after 610 A.D. and was based directly on a series of divinely-inspired visions that were passed down by Allah. However, it is known that Muhammad was quite illiterate, therefore...
6 Pages(1500 words)Research Paper

Psychological Contracts, Effective Communication, Mentoring, Professional Development, Performance Assessment, and Health Concerns of Workers

...Leading and Managing Teams Table of Contents Psychological Contracts…………………………………………………………………..2 Effective Communication……………………………………….…………………………3 Leadership………………………………………………………….…………………………3 Mentoring……………………………………………………………..………………………..4 Motivation……………………………………………………………..……………………….5 Professional Development…………………………………….…..………………………..6 Performance Assessment…………………………………………..………………………6 Health Concerns of Workers……………………………………………………………….7 References…………………………………………………………………………………….8 The cliché that change begins with oneself has rung true for me as a school business manager. Recognizing my own need for the improvement of my time management and organization skills has not only benefited me but my whole administrative team as well...
10 Pages(2500 words)Literature review

An Exploration of Small Firm Psychological Contracts

...Critically discuss the psychological contract in the contemporary organization Introduction The development of organizational activities worldwidehas been related with the effective management of inter-organizational issues; employment relationships – in all their firms – have been proved to have significant influence on the performance of contemporary organizations and on their ability to keep their position in their market – especially in the long term. Current paper focuses on a specific form of employment relationships: the psychological contracts; the specific contracts have been proved as having a key role in the success of various organizational plans – influencing the perceptions and the resistance of the employees to the changes...
8 Pages(2000 words)Assignment

Validity of Electronic Contracts from an Islamic Perspective

The advancement of technology and the subsequent rise in the use of the internet has brought about radical transformations in the corporate world and changed the dynamics of the marketplace as a result. There has been a significant rise in the number of potential buyers and sellers online. According to available statistics, there are currently over 245 million internet users in the U.S1 and this trend has been observed in several developed as well as developing countries across the globe. According to the Census Bureau of the Department of Commerce, there is likely to be a rise in the U.S. e-commerce sales for the year 2012 to the tune of $53.2 billion2.

The statistics indicate that more and more businesses, as well as...
38 Pages(9500 words)Research Paper

Integration, Long-Term Contracts and Hold-Up Theories: Fisher Body and General Motors

...Literature Review: HOLDING UP GENERAL MOTORS? ISSUES IN THE FISHER BODY CASE STUDY Introduction From 1919 to 1926, General Motors (GM) and FisherBody (FB) had a relationship underscored by an “exclusive supply contract” in which GM was required to purchase bodies from FB (Roider, p. 2006, 182). Thereafter GM vertically integrated FB and this vertical integration emerged as a significant example in the literature of the role of vertical integration and/or hold-up risks associated with long-term contracts in transaction cost theory (Roider, 2006). This literature review conducts a critical analysis of the literature in which the vertical integration of FB by GM is used as an example of either the role of hold-up risks in long-term...
8 Pages(2000 words)Literature review
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Case Study on topic Contracts forming for FREE!

Contact Us