Contract Case Studies Samples For Students

QUESTION 1

The sole proprietorship is the ideal business for the Owen. This is because the type of business is small, and it has two employees hence this type of a business suit the design and the arrangement/ agreement of the owner and the employees. Furthermore, since the business is new it gives the owner enough time to assess the development of the business and how the workers perform their duties. Thus, the owner has the total control of the performance of the workers and how the business is run. Moreover, the sole proprietorship does not require much paper work to get ...

There are several things that should have been done differently in order for the business deal to be sealed successfully. When conducting business meetings, Tim and fellow associates should have formalized and ritualized their greetings while in Japan, they need to show correct amount of respect and deference to individuals at Bonsai Company based upon their status and relative to that of the Canadians. Since they were foreigners in japan, they are expected to carry their business cards and while shaking hands, they should have a form of greeting where they bow. The level of which the Canadians will bow ...

The contract entered by the 17-year-old son, who is a minor with Don is voidable. The contract can be invalidated on the ground that the contract of sale that was entered between him and Don can be annulled since the son is only a minor and he was not the designated representative of the company. Hence, once the contract is nullified, the effect is that it is as if there is no agreement at all. This is due to the fact that the minor cannot represent the company since there is no board resolution to empower him to enter the contract.

...

Let me start by briefly stating what the case is all about. In the case, Hussein, an owner of an apparently very attractive car, has been offered 4000 USD by Interjeet in exchange of his car. In other words, Interjeet wanted to buy Hussein’s car. Considering the average prices of automotive vehicles today, it would seem that 4000 USD is a steeply low price. As expected, Hussein did not give any word about Interjeet’s offer and has kept himself mum. He thought and felt that his car is worth more than what Interjeet has offered. Hussein did not ...

Timmy Aldrich is a high school student who has been hired to sweep up the backrooms of Smedley Bottled Gas Company’s warehouse for two hours every Friday. Therefore, Timmy works two hours a week for the company. Under the law, Timmy may be classified as an independent contractor instead of an employee. To determine whether Timmy is an employee or an independent contractor, you will want to examine such things as whether or not Timmy offers his cleaning services to other businesses. As Timmy only works for that company for two hours on Friday, he could go to other businesses ...

Introduction

The case dwells upon a decision, which is to be taken by the Global Positioning System Navigator (GPSN) Manager Wally Wizard at the largest automobile manufacturer in the United States, Behemoth Motors Corp (BMC). The scope of the decision looks at two alternatives: 1) in-house production of 8,000 units of GPSN per months to be installed on the Sports Utility Vehicles (SUV), and 2) outsourcing of this production volume to reasonably new Far East Enterprises (FEE) Company under the terms of two-year contract. There are three critical aspects that should be considered as part of the decision-making process: financial ...

The Oltz v. St. Peter’s Community Hospital The Oltz v. St. Peter’s Community Hospital Anti-trust laws or statutes are of fundamental importance to the health sector, as they influence existing health care entities in several ways. Influence is significant in factors such as how the health care entities grow and expand, especially regarding their relations with medical providers and suppliers and in their own individual or group interaction. Anti-trust statutes, as found under the United States anti-trust law, pertain to a collection of both state and federal government laws that are crucial in regulating the overall ...

Introduction

Disputes in the construction industry or in the process of honoring roles in a construction contract are not uncommon in many countries, a good of example which would be the United Arab Emirates (UAE) wherein the construction industry has been in a stage of boom for the past several years . Some of the world’s Mega structures and other fascinating architectural works are located in this Middle Eastern country. It is one of the largest exporters of oil and petroleum products and this country’s largest city, Dubai, is home to a range of spectacular and grand architectural works. It is home to ...

Purpose

Procurement outsourcing is usually utilized to reduce costs for goods and services. Acquisition of goods and services can be outsourced with the help of a third party, for example, a procurement outsourcing company. Outsourcing of business operations will result in cost reduction, efficiency of business processes, enhanced compliance, increased competitiveness, increased revenues, and offer an opportunity for the Company to focus on its core competencies. According to Above the Standard Procurement Group Inc. (2012), many companies do not have enough internal staff or the level of expertise of internal staff engaged in procurement is low. Therefore, internal staff cannot conduct ...

1. What are the advantage and disadvantages of using currency futures and options to hedge? 1. Using Currency futures and options to hedge certainly have their pros and cons. The first and perhaps the greatest advantage is that hedging acts as a tool that can be used to diversify, which in turn leads to higher returns on investments. Secondly, hedging helps cut down the uncertainty levels by curbing down on the risk factor. This can lead to an increased sense of surety for a particular business, thereby ensuring that the business operates in a smooth manner. Lastly, hedging provides the holder ...

Mayfair Ltd. would be obligated to pay Speedymove the increased price of £8,000 because the modification made to the contract was valid. A binding contract is created through the process of mutual assent (offer and acceptance) and consideration, definiteness, and when no valid defenses or excuses to contract exist. In this case, both parties appear to agree that a valid contract was formed and existed to deliver 150 frames for an exhibition at the price of 6,000, 25 frames at a time over a period of six weeks, although the fact pattern does not specify whether the contract is ...

- Compare and contrast fixed-price contracts and cost-reimbursement contracts Fixed price and cost reimbursement is two methodologies for making contracts for administration work. With the fixed price system, the agreement and contracting gathering consent to a fixed cost toward the begin on the project that does not change.

Benefits and drawbacks of fixed price contracts

With government occupations, organizations are normally needed to submit offers in specific ways, which regularly command an altered cost for the whole project. Organizations giving administrations to private organizations and shoppers would take a gander at the qualities and shortcomings of fixed price contracts in respect to different alternatives. Buyers progressively lean ...

Question 1

Introduction A contract is either forceable or unenforceable.For it to be enforceable and valid, it has to meet certain elements: offer, intention to create legal relations, acceptance, and consideration (Beale, 2002). Without any of these elements, the courts will not enforce the contract. However, several reasons ensure that a contract cannot be enforced: duress, misrepresentation, unfair terms and undue influence. In the facts given, each person has their merits, strengths and weaknesses. To analyze the position Steve is in and whether he stands to win any legal action brought against, each case will be analyzed separately, giving the merits ...

Q42.

A. It is very unlikely that Carol will succeed with her breach of contract case. For such a case to succeed, she should prove that there existed a contract between her and Sandy to lawn the yard, which was not the case. Typically, for a contract to be valid, it must meet four basics: offer, acceptance, mutual assent and consideration. All these were lacking in the issue. It was her mistake that she took the wrong details and worked on a different yard In a contract, one party must propose to sell a certain service or product to the second party. This was not ...

Introduction

In any undertaking or transaction, it is essential that the parties are guided by law. Contracts play the role of binding the parties to an agreement that they are obligated to perform some task. Basically, a contract refers to an agreement between two or more parties. The enforceability of a contract in a court of law is essential in that the parties to a contract can get a remedy if the other party fails to perform their duties. A typical contract should have an offer, acceptance and legal relations (Beale, 2002). These are necessary for any contract to be enforceable. In this paper, ...

EMPLOYMENT LAW

EMPLOYMENT LAW The court applies the provisions of the industrial law in reaching the opinions and judgments reached in this set of cases. There are certain important definitions and terminologies used by the court in reaching the opinions hence the courts evaluates them comprehensively to determine the direction of the case in relation to the plaintiff and the defendant. An example of such terms is major changes. In the matter of Kevin Lane, Aleksander Argirov, and James Koehn versus Arrowcrest Group PTY LTD, the court comes to several conclusions based on the facts availed in each instance. The ...

Situation overview

In 1980s, the Chinese government was planning to buy a new technology developed by K. G. Marwin Inc Trilliamp Process. The government was planning to implement this technology at the ethylene facility in Lanzhou, the capital of Gansu province. Marwin had exceptional negotiation skills, and this helped in a contract with Chinese Government. Marwin recommended Auger-Aiso, a Japanese company the most capable for producing the turbines. However, the Chinese government also invited other manufacturers from United States for the production of machinery. The case discusses the negotiation among these competitors and manufacturers and the Chinese government and how the negotiation was undergone. ...

Yes, the breach of contract occurred due to the violation of a material term of the agreement. The mistake was unilateral in nature because Ellen tried to change the date of the service, but the contract had a no cancellation clause. The caterer can apply for cancellation of the contract, and request the court to allot damages as well, if other party does not pay the fine of $1000. Otherwise, there is no reason to consider the practice of the established contract unconscionable. Yes, the breach of contract took place because a material clause of the contract had an infringement, and ...

Re: Lola’s Boutique

______________________________________________________________________________ The following are the findings and answers to the questions you requested tackled in your memo. These findings were made after a scrutiny of the emails, between Lola Styne and Liam Mills: 1. At what point does Lola make an offer to Liam and what importance, if any, is the advertisement placed in the newspaper? Lola officially made an offer to Liam Mills in her email dated 17 September 2014. Lola’s email meets the definition and requisite elements of an offer. An offer is a definite promise that bounds the offeror to the offeree once the ...

Report

Contract Goliath productions, a producer and distributor of motion pictures signed a contractual agreement with Giant Theatres giving them exclusive rights on the five films produced for six months. Goliath acknowledged that Giant needs an integral inducement in the contract as the sole source without competition, for six months ending February 28th 2007. Giant Inc has 475 theatres across United States. The contract is silent on the area of jurisdiction. However, in the agreement, Giant only purposes to show the film in the 475 (approximately) theatres in United States and therefore, Giant cannot limit Goliath from entering into a contract with a ...

Dechert's camera fails to focus properly so he takes the camera to a camera store to get it repaired. The store sells new and used cameras, and also repairs cameras that have a problem with them. When Dechert returns to the store a week later to pick up the camera, the store informs him that it has been misplaced, and they cannot find it. It turns out after the camera was fixed; a dishonest employee sold it to a customer who came in to buy a used camera. If Dechert finds out the name of the customer who bought the camera can he recover it ...

Though Sam and Gladys are not parties to the mortgage contract and could therefore be barred by the laws governing the privity of contracts, they have a few options to pursue. The mortgage note was signed by Sam’s father and it is provided that he has been making periodic payments towards the same. This means that he is the one entitled in law to institute legal proceedings in this contract. Sam and Gladys were named in the mortgage note as the intended beneficiaries as opposed to incidental beneficiaries. This is because they immediately occupied the house and started living ...

- Provisions to put in place to protect the residents The contract to privatize recycling needs to be managed by the city officials. The company should not charge the customers directly. In the contract, there should be provision of a fixed charge to the customers for a pick up for a specific period to avoid instances where the company contracted increases charges without any notice. Borough must track the business data and activities need to be to ensure that it complies with the provision of the contract. That is in efforts to ensure that it safeguards the residents. - Other ...

Business

Business

Response to Questions

Employees are those people who may be given a job either on a part time or full time basis under an employment contract that can either be written or oral. When talking of an independent contractor, it could refer to professionals such as doctors, engineers and various other professionals who may be carrying out individual businesses through which they offer direct service to the public. For an agent, these are people that may be authorized to act on behalf of other businesses. Their contracts are normally in written form. For instance, a company may be making sales through someone in a different ...

Introduction

In the day-to-day running of businesses, the parties that are involved are guided by some kind of law to ensure smooth running of the business. As such, there ought to be an agreement between the parties to the transaction, which in most cases, is binding. In essence, this would mean that the parties make a contract between themselves. In essence, the main aim of the contract is to outline the objectives of the agreement to ensure that it is accomplished in a prescribed manner. This is essential in order to avoid breach of the terms, which could lead the parties to ...

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK 190 F. Supp. 116 (1960) U.S. Dist.

Frigaliment Importing Co. (Plaintiff)

Vs. B.N.S. International Sales Corp. (Defendant)

Facts

The Defendant, B.N.S. International Sales Corp. entered into two agreements to sell chicken to Frigaliment Importing Co., the Plaintiff. When the first shipment reached Switzerland, the Plaintiff realized that the shipment did not contain young chickens for broiling and frying, but contained heavier birds for stewing. The Defendant Company was of the view that any chicken would be able to meet the specifications of the contract as regards the quantity and weight. Conversely, the Plaintiff Company believed ...

Purpose

This paper aims at discussing business process outsourcing on investment and asset management. This is an area that firms consider when making hedge and mutual funds financial decisions. This paper focuses on this area with an aim of transforming an organization to maximize on the cost savings for the business process.

Current Situation

Many categories seek to facilitate business processes when one thinks about outsourcing. A business process touch on different areas in an organization, customers, and vendors categorize business processes under different structure depending on the company’s internal structure. An Investment and Asset Management proposal can offer a firm a chance ...

Ms. Minnie MacElroy

Minnie's Miniscule Miniatures 27694 Bay Point Lane,

Bonita Springs, FL 34134

Dear Madam, We consider you as one of our valued customers, and we appreciate serving you the best way we can to propel the growth of your business. May we draw your attention to the services that we’ve rendered to you as a show of our desire to maintain a mutual good business relationship with you. When you requested to change the design of the site that you have already approved, we did it promptly even if it meant that we had to work more hours than what our quote covered. ...

- Do you think Microsoft should be able to tell the licensees of its software that the software cannot be used to “disparage” Microsoft? What about its attempt to prevent its products from being used to “promote racism, hatred, or pornography”? Business licensing is one of the ways that software companies like Microsoft use to discourage illegal use of the software. This is especially due to the fact that illegal licenses are distributed to the market and this can be used to spread hate speech and subsequently promote racism and other vices in the society. Microsoft, being ...

- Using examples of relevant case law, distinguished between the following types of contract. - Bilateral a and Unilateral contracts Contracts can either be bilateral or unilateral in nature. The bilateral contracts are the most common contracts and refer to agreements whereby each of the contractual parties make a promise to the other party. For instance, in a contract for the sale of a car, the buyer promises to pay the seller £200,000 in exchange for the seller’s promise to deliver the title to the property. A unilateral contract on the other hand only involves one party to the ...

Business Law 201

Question one:

Question two: Joint and several contract because several people (study team) has agreed to pay the fees to the tutor. Question three: Doctor Kut Wright can only recover up to a maximum of $800 for the benefit extended to Henry. Though the contract was unenforceable since it was not entered into, Wright is entitled to compensation for the costs incurred for missing his flight amounting to $400 and the reasonable amount of $400 for the one hour. It is clear that the requirements of recovery for quasi-contracts were met since the doctor was in reasonable ...

Business Contracts

Business Contracts The Contract Should Be A Legally Binding Covenant Involving More Than One Person As A Witness During The Agreement. There Is A Need To Consider Some Necessary Factors Towards Both Sides Before Signing A Contract. Generally, The Fist Factor To Be Provided Towards The Deal Is Certainly The Readiness. The Readiness Is Basically, An Important Factor For Both Sides Involved In The Deal. These Factors Must Assure The Legal Binding Of The Covenant On Both Sides. Additionally, The Second Factor To Be Considered Is Called The Agreement Of An Offer. The Basic Role Of This Factor ...

Question #1

How many truckloads of product are actually required to carry $10 Million of product? Show your calculations In the research findings at Bank of America Securities, the case study indicates that if there had been $20 million worth of Wellbutrin® XL pills on the truck; it would have been full, or nearly full (Chapman, 2009). The research further indicates that the trooper estimated that the truck was about one-quarter full during the accident, which was equivalent to 8 pallets of the product. Therefore: If the full truck = $20 million, and 8 pallets = one-quarter of the truck = ...

The Great Atlantic Railroad Company problem

Statutory Issue: Whether the contract between Great Atlantic Railroad Company and the Italian workers is binding upon them or considered as a violation of Act of 1885. If I were to give legal advice to the Great Atlantic R.R. Co., I will recommend that the subsequent terms and conditions that are included in individual contracts entered between the Italian workers and the company should be declared void and have no effect. Although Section 1 of Act 1885 stated that the law cannot be made applicable to transactions entered prior to the passage of the act, it can be gleaned ...

Facts

The case concerns the contractor and Patrick who is the owner over an alleged contract breach on the renovation of a house belonging to the owner. Under the contract, there was a clause stating that the contractor would have to pay a fixed and liquidated damages without proof of loss, a sum equal to 35% of the full contract price and also pay the cost incurred on the attorney and the court cost. The plaintiff sued the contractor for the return of his deposit ($5000) while the defendant counterclaimed for $36,102 and attorney fees. The trial court concluded that the owner had ...

Question one – Case study

This case was heard by the Supreme Court at Brisbane in the state of Queensland. The judgment was delivered at Brisbane by Judge Fryberg on the 24th January, 2011. The judge in the case was Fryberg J. The case was heard on the 2nd and 3rd December, 2010. The Plaintiff in the case is Ms Mee Wah To, a landlord who owns a parcel of land located at 33 Lisson Grove, Wooloowin. The Defendant on the other hand is Miss Eugene Choi, a tenant of part of the land owned by Miss Mee Wah To. The counsel for the ...

Key issues

Operational arrangements T2S, which is the main supplier of OEMA, have a contract with both T1SA and T1SB. Even though the contract between these companies is formal, it has no expiry date and any party that wishes to terminate the contract must give the others a 90-day notice. This poses a challenge because if OEMA is not happy with the services of T1SA, it cannot terminate the contract given that timings are not specified. T1SA may not be very effective in terms of product design, quality assurance, in meeting delivery requirements or fulfilling other requirements but the manufacturer cannot seek the ...

Question 1

Politics The project was overseen by the political leaders who used the project as the campaign tool. After winning the mayoral election Pena has no option but to implement the airport expansion project which he has promised the electorates. Pena did not take into consideration the economy of Denver which has declined tremendously and the willingness of the airlines to support the project which led to eventual failure of the project.

Time constraint

The project was also implemented under a very strict timeline which did not give the contractors enough time to undertake feasibility studies thus leading to the failure of ...

The problem at Avion Incorporations needs an immediate action plan. It appears as a result of poor and uncoordinated management. Although top managers, Susan and Bill now blame Foster Technologies for the problems faced by Avion, the fact is that they are to blamed for the poor performance and inconveniencies witnessed in the recent past (Douglas D., 2002). As Kevin states, Foster Technologies should not be linked to this problem. Even if it appears that the quality of services rendered by the supplier has deteriorated, it is as a result of the pressure mounted by it by Avon. It has increased ...

Business

Introduction Contracts are legal binding agreement that brings two or more parties together. The law of contracts is very vital to people involved in entering the contract. For example, when one decides to buy an item from the supplier with some terms and conditions in place, they may decide to sign a contract depending on the mode of payment. Contracts need not to be in writing, but parties involved may decide to do so. Only people above the age of 18 are allowed to sign a contract. Contracts do have benefits and damages to the parties involved and more importantly, ...

Question 1

An offer represents an expression indicating the inclination to make a contract posing certain terms in which the offer is expected to accept making it binding. Acceptance involves an oral or behavior which indicates the parties are acting in acceptance of the offer.

Question 2

An offer becomes binding when a proposal is made which includes the delivery date of the offer and its price with the terms of payment. The item or service should also be described.

Question 3

Offer can be either conditional where some changes are made or express acceptance. It can also be implied which is demonstrated by actions of the ...

Question 1

Contractual capacity is the legal ability of a person to enter into contract. The capacity requires one to be of 18 years, sound mind and undue influence (Miller, 2008). The contractual capacity entails people who are not under the influence drugs or any harmful substances and should be ready to abide the terms of the contract.

Question 2

One of the conditions that defeat the contractual capacity is intoxicated persons. This is ability of a person not being able to sign a contract in his right self and not able to comprehend the consequences of the contract. The other thing that can defeat the ...

Andrew is Alberta Branch manager for Dominion Tanking Limited. He needs to be assigned a trucking contract by Natural Fertilizers Limited. If assigned, his company will do liquid fertilizer delivery for Natural Fertilizer Limited. This particular contract is very essential to Andrew since it highly contributes to the future existence of his branch. In other words, the head office can decide to close his branch down since it will bring any financial gain. Andrew is very certain about this action since another branch named Wetaskiwin was just closed down a year earlier, based on the same grounds. In addition, Andrew could ...

1. Does Tom have a contract of sale with the shop? A contract of sale denotes a contract where be a seller agrees to transfer or transfers the title in the goods to another party for a money consideration, which is referred to as the price. When goods are on display at a shop window, this is an invitation to treat. This means a willingness on the part of the buyer to negotiate a contract of sale with the buyer. Therefore, there is no contract yet as the parties are not at consensus ad idem. In an old case of Harris v Nickerson (1873), the ...

Question one:

A contract can simply be defined as a legally enforceable agreement. Legal enforceability denotes the existence of certain legal requirements whose absence will have an adverse effect on the enforceability of the contract. These requirements are what may be referred to as the elements of a contract and absence of any one of these elements may inevitably result in the contract being declared invalid by a court of law. There are various elements of a contract and these inter alia are: offer, acceptance, consideration, capacity, legality, lawful objective and consideration. While all these elements are important for any business that regularly gets into ...

- TWO key negotiation fundamentals that you will employ and explain why these fundamentals are essential for this pending Subcontract negotiation (from the section 1 reading). A successful negotiation process will aim at addressing the new changes in price, a situation that is likely to affect the terms of the main contract existing with the government. The current prime contractor (government) has already fulfilled the original set payment agreement which involves several years and if the price of the spare part increases by 25 percent, it means the negotiator has to make a counter offer to the prime contractor yet ...

Southeastern Land Fund, Inc. v. Real Estate World, Inc. 237 Ga. 227 (1976)

The plaintiff (seller) brought an action against the defendant (buyer). The allegations were about a contract of sale of a real estate. The plaintiff action sought to recover the price of $45,000 plus the interests. They also sought to recover their lawyer’s fees upon a promissory note referred in the contract. The defendants appeal to is founded on the basis that the trial judged erroredin grating summary judgment in favor of theplaintiff and denying a summary judgment and a counterclaim from the defendant.

Issues

Whether the contract provisions that the ...

Introduction

A contract denotes an activity between two willing parties to enter into an agreement that will be bidding to them and enforceable by law. It should be a voluntary affair. One party known as a promisor will make a promise to the promisee. The promisor’s promise is consideration for the promisee’s promise. A contract is unenforceable if it is void under common law or stature or is voidable at the option of the innocent party. There are various categories of contracts. The contract illustrated by the case study falls under the sales of goods contract. In order for a contact to ...

The following represent my reply to a friend analysis done on the case study including Don and the company selling Scuppernong grapes. This article aims at assessing the situation and rule out possible ground not covered comprehensively with regard to the case study scenario. I do not entirely concur with my friend on certain grounds involving the case study analysis. One is that the seventeen year old is treated as a business associate who has the power to make certain decisions involving the company. Therefore; the seventeen years old if he is not a business associate the contract should come to a ...

Since time immemorial, the conduct of two or more parties in business transactions has been one of a warring nature. This led to the inception of contract law so as try to iron out any friction that might arise during the usual business transactions. Contract law was created with an aim of governing all the essential practices during the enforcement of a contract. Categorically, contract law has continuously grown to encompass emergent issues that include the obligation of an employer to the actions of an employee and that of a minor in the entering into a contract. Additionally, other implied aspects of good ...

Business Commerce Law

Distinguish between libel, slander, defamation, trade slander, and deceit, indicating in what situations each would apply and the significance of the distinction. Libel, slander, defamation, trade slander and deceit are legal terms that are often interchanged by lay persons. While these words may seem related and almost similar, there are several ways in which they are different. Here is a discussion of what these different terms mean and situations to illustrate their meaning: Defamation is a broad term used to refer to any published statement that is a false accusation and is detrimental to a particular person’s reputation. The plaintiff ...

Distinguish between slander, libel, defamation, deceit, and trade slander, indicating the instances each would apply and the significance of the dissimilarity. For a statement to be actionable and considered to be defamation, it has to be published, false, and derogatory and must refer to a specific person. If it refers to a group of people, it is not defamation. A defaming statement cannot be complimentary even if not true. It must also have the effect of disadvantaging the individual, in that it has to be told to a third party possibly the media causing other people to avoid the plaintiff. Slander ...

Identify

The relevant legal issue in the case study is whether a binding contract existed between Rosa and Basil. The facts indicate that Basil intended to purchase a table from Rosa. He even sent her a letter of confirmation. However, after seeing another piece of furniture on offer, he decided to buy that one instead and declined Rosa’s offer, via voicemail. Rosa insists that Basil enacted a binding contract for the purchase of her table. Through the application of relevant legal knowledge, this article will identify whether or not the issue raised by Rosa is valid enough to exercise ...

Business and Employment Law

Question 1 3 Issue 3

Application 4 Conclusion 5 Question 2 5 Issue 5 Law 6 Application 7 Conclusion 7 Qustion3 7 Issue 7 Law 8 Application 8 Conclusion 9

Bibliography 10

Question 1 Issue The main issue in question is whether the exemption or exclusion clause that was incorporated in the contract between Jag and ED can have any effects on Jag’s possible right to sue ED for the loss of his garden. In this contract, it was specifically states that the supplier would not be responsible for any loss or damage caused by any products sold, which in ...

Sam’s wife has recently passed away so he wishes to sell his house and her belongings. Sam has agreed to sell his house to Ben and both parties have signed a sale agreement which provides that the settlement date for the sale is 30th September 2011. On that date, the buyer is to have vacant possession of the house and the seller is to receive the balance of the purchase money owing.

Sam places an advertisement in the local newspaper stating that he is offering for sale a second-hand Janome sewing machine for $750.00. The advertisement gives details of Sam’ ...

Knarles and Barkley Case Study

Liabilities under Contract Law Chetum vs Knarles & Barkley Fact: Knarles wants to repudiate a contract between Chetum and Barkley.

Issue: Breach of contract. Chetum entered into a contract with Barkley that Knarles, Barkley’s father and business partner, refuses to accept. Does Knarles repudiation of the contract constitute a breach of contract?

Rule of Law: A contract must have the following elements in order to be enforceable: (1) mutual consent, manifested by offer and acceptance, (2) consideration, (3) legality of object, and (4) capable parties (Calamari and Perillo, 1998). Application: Barkley sent a contract (offer), which Chetum signed (acceptance), ...

Company Law

Question One First, the issue in play is fueled by two elemental components. That is, the Beanstalk Ltd Company has a constitution that limits the sale of the agricultural products by the company in Queensland. In addition, the board of directors of the company implemented the policy that the board should approve all the transactions of the company over $100,000. Nevertheless, Jack, who is the managing director of the company, attended a trade fair in Victoria that saw him sign a purchase agreement worth $150,000 with Giant Ltd. This aspect has led to the disagreement of the viability of ...

Is there a valid contract between the parties or May Jones legally have the contract declared as not valid?

For a contract to be valid, it should contain parties competent of contracting, approval of the parties, a legitimate objective, and consideration (Swartz 23).Jones went into a contract with defendants knowing of the special clauses within the contract. There was consent, there was competency, and there was a legitimate objective and consideration. Therefore, the contract was valid. However, a contract relating to a minor (a person under 18) might be implemented or annulled by the minor, except for the contract being for basic requirements for instance foodstuff, accommodation, of which one might be held accountable for the rational price of what was acquired. From the ...

Financial Contracting

Introduction

According to Hart, (2001), financial contracting refers to the theory where there is a compromise between the investor and the entrepreneur in matters relating to running the business. An entrepreneur can obtain capital from various sources that are: personal savings, angel, venture, private, banks, and credit unions. In this paper, the source of capital is venture capital financing which is whereby an investor provides capital to a start up entrepreneur that has no operating history. However, Ellingsen & Kristiansen, (2010), proved that financial contracts might prove disadvantageous to one party hence the need to select a specific type of financial contract that ...

CRITICAL EVALUATION OF THE KEY ISSUES

The role of human resource for the organization is to utilize the policies and procedures for aligning the workforce of the organization. The managers must understand the goals of the organization and then they must align the workforce accordingly. This requires that the managers analyse the ability and competence of the employees and create opportunities which motivate the employees. All this is associated to the performance outcomes of the individuals. If the workforce is motivated then the individual performance of the employees can be utilized (Watson, Maxwell, & Farquharson, 2006). This role of HR is shown in the chart below. ...