It allows two or more parties to make promises to each other and not have to worry whether or not the promise will be honored (Mallor, et al, 2010, p. 290). The validity of a contract rests on the content of its pages. Mallor, Barnes, Bowers, and Langvardt (2010) state that, “A set of promises must be based on a voluntary agreement made up of an offer and an acceptance, and a legal consideration to support each party’s promise” (p. 292). An offer, an acceptance, and a consideration of a promise made by the parties are the basic elements of a contract. These contract conditions are subject to interpretation from the court.
An implied in fact contract is a contract in which the law infers from the circumstances, conduct, acts, or relationship of the parties rather than from their spoken word. The quasi contract focuses on the need for fairness whereas an implied in fact contract focuses on the fact that it was spoken before any words were spoken. Answers to Review Questions 1-10 on Page 74 1. An offer is a proposal to enter into a contract upon specified terms. A proposal is an offer if it is made in such a way that the person to whom it is made has only to accept it to bring the contract into existence.
Armstrong’s failures to meet their obligation gives GCI three options: they may reject the entire shipment of goods, accept the shipment of goods as is, or accept any number of commercial units and reject the rest of the goods, (Melvin 2011, pg. 192). One right that is available to Armstrong is referred to as the cure. The cure is the UCC’s way of promoting the completion of an original contract. It would allow Armstrong (the seller) the right or opportunity to repair or replace any goods that the buyer (GCI) has rejected as long as the time period for performance has not
Thereby, allowing each party to end the relationship at any time without notification. The first type of relationship mentioned is not feasible for job types as most college students working part-time are not going to sign a contract; however, a contract between management and a store manager is beneficial to both parties. The store manager would work with upper management of Gourmet Blends to ensure he/she were provided ample compensation, benefits, and rewards for maintaining employment for a certain amount of time and Gourmet Blends upper management would know that for at least a certain amount of time the store had a capable store manager. 2. Suggest ways that you could avoid claims of disparate treatment.
Specific performance is an order granting specific performance is a mandatory injunction in a contract situation. In order to receive an order granting specific performance there must be a valid contract, inadequate legal remedy, feasibility, and mutuality. Here, George would be requesting the court to order specific performance in allowing him to rent the booth on Main Street. VALID CONTRACT. There must be sufficient, definite, and certain terms in the contract such that a court may fashion a decree.
Task1: Part A 1. Contract is the legal engagement of an agreement between two people or parties. This is where a party the (offeror) offers and if accepted by another party the (offeree) it forms a legal binding contract whether it is bilateral or unilateral contracts. In bilateral contracts both parties are legally bound to the promises while in unilateral contracts offers are open for anyone to engage and perform its terms. Contracts may be verbal or written agreements but not all of those agreements are contracts.
The dispute must be in reference to a customer’s disregard for all terms, conditions set forth, and agreed upon by the customer prior to entering a business agreement with Riordan. Personal disputes or conflicts will not be covered under the ADR process unless said dispute results in the disregard for all rules and regulations. In the event the ADR process was facilitated because of a dispute, Riordan and the customer agree to participate in mediation arbitration (medarb). The medarb will be presided over by a neutral party who must be agreed upon by both parties. During the medarb, each side will communicate the dispute and attempt to reach a voluntary agreement.
Addressing International Legal and Ethical Issues Simulation Summary What are the issues involved in resolving legal disputes in international transactions? The first thing to consider when dealing with legal issues in international transactions is to choose the proper contract for the country and company you are dealing with. You need to know if the contract will be enforceable and under which circumstances it will or will not be and which country it will be enforceable in. All countries have different laws in how and whee they handle legal disputes and making the contract so it covers all of these issues is very important so it can be enforced if problems would occur. What are some practical considerations of taking legal action against a foreign business partner based in another country?
Cost Club should very careful when considering attendance as a criterion with Diane. Protected absences to accommodate disability or the family medical leave (FLMA), is not to be considered in determining Diane’s attendance record (Bennett, 2007). Cost Club must scrutinize the downsizing in order to conclude whether the layoff or downsizing will unethically affect any employee in protected classifications. Cost Club will examine the sex, race and age of its current departments in comparison to those same individualities in the layoff /downsizing selection. This review will be accomplished under the supervision of Cost Clubs legal
Which party has the burden of proof in the case? Which level of proof will be used? The party seeking damages (plaintiff), in this case Mr. James Mitchell and the union, has the burden of proof. This case would be considered a civil matter and would be guided by the principles and procedures commonly found in settling civil lawsuits and in regulatory agency cases. This includes presenting “clear and convincing evidence” as the level of proof that must be offered in order for the plaintiff to win the case (Clear and Convincing Evidence Law & Legal Definition, n.d.).