Factors for consideration a. law’s non-logical implications in interpretation what parties would’ve agreed to (ex. Haines: duration and scope of contract) - policy: at-will doctrine in employment: policy - would’ve agreed to terms had they anticipated situation - had in mind, but didn’t express it b. context - what is the objective of the contract? Is it ambiguous? Ex. Spaulding v. Morse (369): stop yearly payment to trust during time in armed services - enforce according to terms if unambiguous, consider context if terms are ambiguous - not only context at time of contract formation, but also what happened AFTER ⇨ changed circumstances - why look at context?
rejection by entering into a substitute transaction, he is excused from performance obligations B. Determined by Little condition is not completely within the promisor's control C. Sufficient cause An agreement that gives one party an unfettered right to terminate at any time will be interpreted to require “reasonable notice,” thus placing a limitation on that party's freedom sufficient to satisfy the consideration requirement 1. Certain terms (open) buyer is constrained to request amounts that are not unreasonably disproportional there is clearly consideration for the modification and it is enforceable the modern rule, an offer for a unilateral contract becomes an option for the offeree 2.
They both agreed Label the parties with the proper terminology. 3. Can Old McDonald refuse to accept performance from Swather? Yes because breach of a contract occurs when a party fails to perform their contractual duties or their performance does not rise to the level of performance required by the contract. 4.
One needs to consider whether the sinking of the ship was an isolated event that was easily corrected, or whether it was a serious flaw that would require costly repairs. What needs to be answered regarding the flaw is whether the vendor, Captain Jack Sparrow, should have been aware of such a flaw; that is, was the flaw as a result of a patent or latent defect. If such defect was latent, was it known to the vendor. At common law, Davey Jones should also consider the principles of product liability, a branch of negligence law, arguing that Captain Jack Sparrow Inc. sold him a defective product that was not fit for its intended and known purpose. Davey Jones could also argue misrepresentation—he was induced to enter into the contract based on representations made about the quality of the ship.
Therefore, there is a situation of Undisclosed Principal, where an agent acts without disclosing either the existence of a principal or the principal’s identity and the agent is directly liable to the third party. If Newcorp’s senior management is concerned over his public display of his personal views as a basis for his termination the judgment is erroneous. However, there might have been some apprehension over the agency relationship to third parties because principals have both contractual and tort liability for certain acts of their agents (Jennings, 2006). The contract liability of a principal is not only determined by either what he intended or by the limitations agreed to privately by the agent and the principal, but also the third parties have certain contract enforcement rights depending on the nature of the agent’s work and the authority given
When the MFA sent the contract to Mr. Johnson for 6000 bushels of beans, he threw the contract away. --Issues-- Should Mr. Johnson as a farmer be treated as a “merchant” as defined in the UCC? Should the oral agreement be a binding contract for 6000 bushels at $4.02 per bushel? --Answer/Holding-- Mr. Johnson is a farmer by trade and is held under the definition of “merchant” as defined in the UCC. Since Mr. Johnson is seen as a merchant by the court, the oral contract for 6000 bushels is legal.
James Minor Mr. Jones English 1420 22, June, 2014 Making the decision to put a person to death for a murder he/she committed can be very serious. That is why when I read the article about a 16 year old boy who had killed his mother, had a party and sold items from the house, I was in total disbelief. This behavior is totally unacceptable. The boy, whose name is Kitt, and his 3 year old brother were both in the home when the murder had taken place. According to relatives who lived nearby, Kitt had been upset because his mother had sent him off to boot camp weeks prior.
The offender was in a relationship with another woman, June Ingham. That relationship ended acrimoniously in 2003 with Ms Ingham commencing legal proceedings to recover the sum of $40,000, being monies she had invested in a property purchased in the offender’s name. 6 Janet and the offender commenced a sexual relationship in about mid-2003. In September 2003 the offender also commenced a sexual relationship with Gorica Velicanski, which he maintained throughout the following 18 months. At about the same time, the offender contacted a wedding celebrant to discuss his plans to marry Janet in November of that year.
In Things Fall Apart, Nwakibie says,”you can tell a ripe corn by its looks.” .Nwakibie offers Okonkwo twice 400 yams because he can see Okonkwo is a trustworthy person. In today’s society you can’t tell a ripe corn by its looks. Today, people believe that miracles happen. Proverb: “The One step in the wrong direction will cause you a thousand years of regret.” One step could be the last you take. In Asian culture, if one makes one bad mistake it could follow him the rest of his life.
In one example, he discusses the time his six year old son was hit by a car and was in the hospital for a month. Gore said it turned his world upside down, causing him to question how he should spend his time on this earth. He states, “I visited Antarctica and gained a new ability...that what we take for granted might not be here for our children.” With this story, he uses the strategy of appealing to pity because he discusses his injured young son. Gore also discusses living on a tobacco farm as a child. One of the childhood stories he tells is of when his sister, who had been close to him, began smoking.