1) Was a Contract Formed? Offer - Definiteness & gap-fillers - Implied promise to negotiate in good faith - Ads - Firm offers - Revocation Acceptance - By promise: bilateral contracts - By performance: unilateral contracts - Notice - Subjective acceptance/Silence - Timeliness - Mailbox rule - Counter-offer/Qualified acceptance/Inquiry Consideration - Donative promises - Reliance issues - Bargain - Moral & past consideration - Illusory promises - Legal Duty - Accord & Satisfaction - Waivers - Implied by Fact - Implied by Law 2) Why Not Enforce? Problems with contract formation - Unconscionability
Armstrong is obligated to transfer and deliver conforming goods to GCI. Conforming goods requires that the goods must conform exactly to the agreed upon description provided by the buyer to the seller. This action is referred to as tender of delivery and the UCC obligates the seller to have or tender the specific goods requested. By substituting the third part of the press Armstrong has not yet breached the contract but has not provided perfect tender. 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.
During the medarb, each side will communicate the dispute and attempt to reach a voluntary agreement. The results of the mediation are not binding but rather presented in good faith and up to the disputing parties to follow. In the event that the dispute is not resolved in a 48-hour period after the beginning of medarb or if the prior mediated agreement was disregarded, the arbitration process will begin. The role of the arbitrator will be assigned to another neutral legal party agreed on by Riordan and the customer. The decision handed down by the arbitrator is final and binding to those in dispute.
Key Questions a. What position should Morgan take and what might be the implications? What should guide his decision? b. What would your management scorecard include as you assess Ben and Jerry’s performance?
What role does the statute of frauds play in this contract? The statute of frauds applies to any contract for the sale of goods if they are valued at or in excess of $500. Since initially $25,000 was given for exclusive negotiation rights, it is safe to say that the actual contract would in fact be more than $500, therefore the statute of frauds will be enforceable The role that the Statute will play is
The fact that the property owner did pass on other potential offers because of the promise made by the real estate agent acting as an authorized representative of Cost Club. Not standing by the obligation will be considered a breach of implied contract. The first matter that should be addressed is who gave the real estate agent the authority to act as an “authorized representative”. What other potential promises have been made for the Cost Club by this particular real estate
The total amount of any fixed deductions. The total amount of take-home pay after deductions. Biii: Name and address Bank account details Biv: The grievance should be raised verbally with immediate superior. This should be done in confidence giving full details and sufficient time to consider the facts of the case and where appropriate take action. Should the immediate superior not be able to satisfactorily resolve the grievance then the matter should be referred either verbally or in writing to the home owner.
Pat could argue that signing the Notice of Unsatisfactory Performance/Corrective Action Plan as an implied contract protecting his employment with NewCorp. Critical information in this case needs to be further reviewed to assess the risks and rights of both parties in this scenario. For instance, was there any form of documented performance discussion regarding Pat’s performance? If so, was Pat given the opportunity to correct his performance issue? Or, in the initial employment arrangement, was there promise of employment for any period of time?
Chapter 6 1) which of the following is true of the Uniform Commercial Code? A) It was given to the states for state-by-state approval 2) The bargained-for legal value that one party agrees to pay or provide to secure the promise of another is called C) consideration 3) In a legally enforceable contract both parties must have the legal ability to enter the contract; that is the must be sane, sober, and of legal age. This feature of the contract is referred to as D) capacity 4) A ______ contract ordinarily involves a situation in which one party makes a promise and the other acts in response to that promise C) unilateral 5) A contract that is explicitly stated in writing or orally is known as ______ contract C) express
3) In relation to the question of damages to be awarded by the courts in relation to a breach of contract, the current position in English law represents something of a dilemma. The courts seem to be pulled, on the one hand, by the need to ensure that obligations entered into in a contract are carried out to the letter, whilst on the other hand avoiding overcompensation of the aggrieved party. The aim of this essay is to look at the approach of the courts in relation to remedies for breach of a contract with specific reference to the awarding of damages. We will ascertain as to how the courts try to ensure that contractual obligations are fulfilled in case of a breach of contract and we will do this with specific reference to the types of damages to be awarded by the courts and try to establish the aim of the law when awarding these damages. We will then, with specific reference to three key cases, look at the compensatory approach of damages and look at the key principles brought about by these cases and the current standing of the law, with the aid of cases and academic writing.