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

Blaw - Essay Example

Comments (0) Cite this document
The answer can be given in different dimensions; the first instance is that one would cite the Parol Evidence Rule which states that after an agreement has been drafted in writing, it becomes the final decision that binds two parties. It means that the agreement that has been…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.2% of users find it useful
Read TextPreview

Extract of sample "Blaw"

Business Law The answer can be given in different dimensions; the first instance is that one would cite the Parol Evidence Rule which states that after an agreement has been drafted in writing, it becomes the final decision that binds two parties. It means that the agreement that has been put to paper takes precedence over prior statements or anything on the contrary effect. For instance, two people agree that a dancer would be paid say $10 for dancing and later the other person refuses to pay citing grounds that the first dance was free would be irrelevant because the two had written and signed an agreement notwithstanding the fact the first dance was free. As long as they had agreed in writing, it only means that the entertained should follow suit by paying for the service (Clarkson et al. 28).
Parole Evidence Rule is not fixed just to parole or oral evidence. Under the rule, written agreements prior to the main agreement cannot be used to annul a latter drafted agreement particularly when it has been validated into a legally-binding written agreement. The disavowal that the concluding contract supersedes all the antecedent promises continues to give a pointer that indeed there was non-inclusion of furniture to the initially contracted terms. The second dimension indicates that whereas furniture is denotatively mentioned throughout the contract, a federal court may find that the provisions in the contract cannot be enforced because of vagueness. In other words, the terms need to be “reasonably certain” to effect enforcement. The same court can easily interpret the provision as an incipient agreement and seems promissory but were only meant to represent preliminary negotiations and had no legally binding connotations (Clarkson et al. 31).
In an event where the court is able to determine that the provisions are unenforceable, it cannot determine the pricing due to the fact that the seller under no any legal obligation to undertake any terms of the provision. In other words, there was no obligation for the inclusion of furniture in sale agreement. In the future transaction where furniture is indeed included in the contract but the price is not, the court will not have to determine the price. In short, the court can only determine the price only when a service or good has in a way been consumed and cannot be returned in a similar condition with which it was sold. The same applies to its value which will have depreciated considerably compared to the time of sale. Such a situation will force the court to defer the pricing to the fair market for the purposes of valuing the good or service which in this case was furniture (Clarkson et al, 33).
The furniture indeed forms part of the sale but the court will find it difficult to determine the price because the good – furniture has not been consumed whatsoever. If for any reason the furniture had been used and as a result, its value had depreciated, the court would help in determining the price. However, considering that the good is yet to be used it only means that the court refers the matter to the fair market value to conform to the prevailing valuations. Suppose the two parties are unable to have an amicable agreement, then the court would have no obligation but to help in determining the price of the good or service. In the case of the two firms, the court would simply use the Parole Evidence Rule in sorting out the outstanding issues (Clarkson et al, 42).
Work Cited
Clarkson Kenneth W, Gaylord Jentz , Frank Cross, and Roger Miller. Business Law: Text and Cases – Legal, Ethical, Global, and Corporate Environment. Mason, OH: South- Western, Cengage Learning, 2010. Print. Read More
Cite this document
  • APA
  • MLA
(“Blaw Essay Example | Topics and Well Written Essays - 500 words - 1”, n.d.)
Blaw Essay Example | Topics and Well Written Essays - 500 words - 1. Retrieved from
(Blaw Essay Example | Topics and Well Written Essays - 500 Words - 1)
Blaw Essay Example | Topics and Well Written Essays - 500 Words - 1.
“Blaw Essay Example | Topics and Well Written Essays - 500 Words - 1”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Do you think it is advantageous for both the union and management to remain flexible during collective bargaining negotiations

...Negotiations. [Online] Available at: f [Accessed 9th April 2011]. South Western Cengage learning 1997. No Timely Appeal Means No Appeal of NLRB Decision. [Online] Available at: [Accessed 9th April 2011]. Stellman, M.J. and International Labour Office. 1998. Encyclopedia of Occupational Health and Safety, Volume 1; Volume 5.4th ed. New York : International Labour Organization. Wise geek. 2010. What is collective bargaining? [Online] Available at: [Accessed 9th April 2011]. Wiuame, N. 1993. Equal Opportunities and Collective...
13 Pages(3250 words)Essay

Rally Round the Trade Name

... in the same specific geographical area. The law also protects potential profit loss and slander. As portrayed in the video, infringement of trade name is a very serious offense, although many business owners do not commit it intentionally. They stand to face possible law suits. References James, M. (2004).American politics after September 11., New York: Atomic Dog Pub Amanda, M. (2002), A practical guide to trade mark law. London: Sweet & Maxwell. Rally round the trade name. (2010). Retrieved from: ROUND THE TRADE NAME A business name is a name that identifies a company or a business. The legal registration application can sometimes be different from the trade name. Tra...
5 Pages(1250 words)Assignment

Symbolic Representation Paper

4 Pages(1000 words)Term Paper

Vertebral Column Degenerative Diseases

3 Pages(750 words)Essay

Civil Liability'll hear that in car accident cases, the "rule of thumb" is that the "pain and suffering" damages are twice or three times the out-of-pocket; but from long experience I can tell you that's more often false than true. The following are a few "false arrest" jury verdicts I found on the web: $3K actual, $3K punitive South Carolina $117 for emotional pain and mental anguish in S. Florida $0 damages $100K in Texas $55K in New...
8 Pages(2000 words)Essay

Seigel v. Merrill Lynch Case Analysis

...they did not get their money. Of course, there is the possibility of Seigel allowing the payments to be made at a later date. But this is only a surmise and does not merit legal scrutiny. One fails to understand what Seigel expected from the court. The losses must have rattled him. An organization of the level of Merrill Lynch does keep itself inured against such lapses and they have the legal departments to fight these cases. It must also be said in favor of Merrill Lynch that they did not clear many checks after having received Seigel's instructions to stop payments. Conclusion It is difficult to understand Seigel's plan. He instructed Merrill Lynch to stop payments against the checks issued to the casinos and liquidated his account....
2 Pages(500 words)Case Study

Case Portfolio

...Topic: CASE PORTFOLIO, A COMPILATION A. Business and the Bill of Rights A Bill of Rights, Constitutional law Case number, and : Statesboro Publishing Co. v. City of Sylvania, - S.E.2d (1999 WL 304124, Sup. Ct., Ga.) 2. Parties : : Statesboro Publishing Co and . City of Sylvania 3. Legal Proceedings Constitutional Law 4. Facts : “To help reduce litter, the City of Sylvania enacted an ordinance prohibiting the distribution of free printed material in yards, driveways and porches. A publisher of the "Penny-Saver," a free weekly shopper newspaper thrown in yards and driveways, challenged the constitutionality of the ordinance. The trial court upheld the ordinance; the publisher appealed.”(...
4 Pages(1000 words)Essay


...Blaw In this case, Cornell Corporation could sue Stanford Engineering, Inc., for slander and libel. The reason why Cornell could sue Stanfordfor slander is because any advertising campaign, such as on radio or television, that communicates something that is false can fall under slander. On the other hand, libel is usually used in cases where something has been said in print, such as through billboard advertising or newspaper advertising. Because it is not specified what type of advertising Stanford chose, it is difficult to guess the form of advertising that was used. If Stanford’s advertising only consisted of some form of multimedia, then slander would apply. If, however, Stanford used a written form to advertise then...
2 Pages(500 words)Essay

Ethical Dilemma under the Category of Saying Things That Are Not True, While You Know They Are Not True

... testimony would be illegal in the eyes of the law. Although there may be little impact on the various stakeholders, business ethics require that employees practice honesty, fairness and justice. Jenny should suffer the consequences of her actions. If the law provides an award on such a case, then justice should prevail. The supermarket should respect the court’s decision and offer the due compensation. Works Cited Davis, Michael. Ethics and the University: Professional Ethics. United Kingdom: Routledge, 2002. Print. Jennings, Marianne. “Business: Its Legal, Ethical, and Global environment.” Blaw. (2012): PDF file.... Ethical Dilemma Categorize the ethical dilemma The ethical dilemma presented in the case is under the category of...
3 Pages(750 words)Essay

Legal Environment of Business - BLAW-3400-004

... Family and Medical Leave Act The Act on Family and Medical Leave has been active since August 5, 1993 for numerous employers. The Secretary of Labor subjected regulations to execute the FMLA. This summary outlines the rules, explaining the essential necessities of the new law and the privileges and responsibilities of influenced employers and employees (Rossin‐Slater, et. al., 224). The Department of Labor Employment Standards administers and imposes the FMLA for all personal, national and domestic government workers, and some federal workers. The FMLA permits qualified workers to take unpaid-protected leave of up to 12 weeks every year for medical and specified family reasons. A qualified workers right to Family and Medical... Family and...
5 Pages(1250 words)Essay
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 Essay on topic Blaw for FREE!

Contact Us