The Basic Elements Of A Contract

The Basic Elements Of A Contract
A contract is a written or spoken agreement between two or more parties that involves the exchange
of two promises, which is intended to be enforceable by law. The four basic elements are the offer,
consideration, acceptance, and mutuality. When elements are broken down individually, each one is
just as important as the next. If one of these elements are broken or misunderstood, it could mean
result in the contractual agreement becoming not valid and end in lawsuit. The overall purpose of
the contract is for legal purpose and to keep a order within an agreement. The first element of a
valid contract would have to be the offer. You can't have an contract with a having something to
offer to another partner. An offer is when one party ... Show more content on Helpwriting.net ...
The next step in contracting an agreement is to either accept the offer being put on the table or if the
party does not agree then they enter a counteroffer. A counteroffer, is considered a non acceptance
but, instead a response to an offer that modifies the original offer. Then the original offering party
has the choice to accept, counteroffer back, or deny the offer which would mean the contract would
be no more. If the offer is accepted, then the next step will be mutuality. Mutuality is the agreement
of being a partnership with the offer that has been presented and accepted by both parties, along
with the terms of the contract. When agreeing, thus both parties are legally bound to perform their
side of the contract, if not they will be have broken their contract and are risking being sued.
Contracts can be agreed upon by word and a handshake, but for a contract to hold up in court in
certain states in must be in writing. The statute of limitations for oral contracts is four years. The
statute of limitations for written contracts is six years. When contracts are broken and a party of the
agreement decides to begin process of suing the other party of the contract, courts will be involved.
When courts get involved, a contract is interpreted a certain way. When oral contracts are taken to
court, the judge will take in information from both parties since their is no paper trail of what was
agreed
... Get more on HelpWriting.net ...

Parol Evidence Rule Essay
To gain a better understanding of sales contracts, Article 2 of the Uniform Commercial Code
outlines the rules and procedures to follow when dealing with contracts. The UCC defines and
requires certain standards in the world of contracts for sense of integrity if their formation and
performance. When looking to the parol evidence rule, statue of frauds, good faith, and
unconscionability, these requirements do exactly what the UCC has initially intended. The parol
evidence rule, attempts to eliminate any problems between the two parties in a contract. To do so,
this rule will disregard any oral or written agreements between the two parties prior to their contract.
Therefore, the final signed contract, preferably in writing, will be looked into if any problems arise
in the future. The parol evidence rule levels the playing field for both parties by making sure they
both have agreed to the same terms in the contract, regardless of different ideas they have discussed.
By eliminating any prior evidence that could modify any terms of the contract, will provide the ...
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Therefore, any contract the court finds to be unreasonable, or unfair, can be eliminated. This is
known as an unconscionable contract. Procedural unconscionability looks to the negotiation process
to see if the words in the contract were laid out fairly, or if certain terms were hidden. On the other
hand, substantive unconscionability looks to eliminate unfair contractual terms. This will look to
any prices or limitations that seem unfair within the contract. This is common when a buyer has an
unequal bargaining position, resulting in the seller asking for an absurd amount of money for a
particular good or service. Any contract found unconscionable can become unenforceable, in order
to ensure the integrity of the sale of

Able And Baker Case Summary
1. Able entered into an oral contract with Baker for the sale of Able 's car for $5,000. Later Baker
breached that contract. Able wants to sue to enforce the contract. Under the Statute of Frauds, who
is the "party to be charged" in this case? a. Able. b. Baker. c. Both Able and Baker. d. Neither Able
nor Baker, because this is a contract for the sale of goods. 2. Chen, a retail seller of fruit, entered
into a contract for the purchase of 10 bushels of peaches from Georgina, at a price of $5 per bushel.
Delivery was to be in one month. One week after this contract was formed, unexpected cold weather
destroyed most of the peach crop and prices doubled. Georgina asked Chen if he would agree to a
price increase to $7 per bushel, ... Show more content on Helpwriting.net ...
b. Under some circumstances, even if the time for performance of the contract has expired. c. Only
if the contract specifically allows for cure. d. Only if the seller can do so within ten days. 7. Under a
shipment contract, the seller is required to do all but which of the following? a. Deliver the goods to
the city of the buyer. b. Make a contract for the transportation of the goods that is reasonable given
the nature of the goods and other circumstances. c. Promptly notify the buyer of the shipment. d.
Obtain and promptly deliver or tender to the buyer any document necessary to enable the buyer to
obtain possession of the goods from the carrier. 8. When is a buyer considered to have accepted
performance regarding goods that are delivered pursuant to a contract? a. After a failure to reject
following a reasonable opportunity to inspect the goods. b. After delivery of the goods. c. Only after
conduct that shows the buyer 's willingness to become owner of the goods. d. Only after making an
express acceptance. 9. Revocation of acceptance by the buyer: a. Can occur at any time. b. Can
occur without notification to the seller. c. Requires a substantial nonconformity in the goods. d. Is
forbidden by UCC Article 2. 10. When does risk of loss pass in a sale of goods that does not involve
a common carrier or a bailment? a. Upon tender of delivery for both merchant sellers and

Essay on Laws of Evidence
Memorandum
To:
From:
Date: 08/31/2012
Re: Laws of Evidence Assignment #2
Statement of Assignment
You have asked me to analyze and determine whether the evidence that prosecution would like to
introduce at trial can be admitted based on the Federal Rules of Evidence. Pursuant to your request,
this memo includes my analysis, reasoning, and conclusions regarding the admissibility of such
evidence.
Statement of Facts
The defendant was prosecuted for the murder of his wife. The victim's body was never recovered,
no murder weapon was ever found, and there were no witnesses to the crime. At trial, prosecution
would like to introduce the following as evidence: 1. A computer disk, found in the defendant's
desk, that contains a ... Show more content on Helpwriting.net ...
See Fed. R. Evid. 403(2011). In order for it to meet the requirements to be excluded, the danger of
unfair prejudice, confusing the issues, the jury being misled, undue delay, time being wasted, or
unnecessary presentation of cumulative evidence has to greatly outweigh the probative value of the
evidence. If harm that is not related to the legal issue of the case will be done to a party by the
introduction of the evidence, then the evidence prejudicial. A fact often possesses both probative and
prejudicial effects, in which case it is then left up to the court to determine if the prejudicial effects
outweigh the probative value enough to exclude the evidence, or if the probative value of the
evidence outweighs the prejudicial effects enough to deem the evidence as admissible. Prejudicial
evidence tends to discredit the accused and make the jury dislike him/her more, and offers little or
no insight to the matter of the case or assistance in the search for the truth.
ANALYSIS ISSUE I
Is the computer disk that was found in the defendant's desk containing a file named "murder" which
appears to be a twenty six step guide on how to carry out a murder admissible evidence in this case?
Although this evidence does not necessarily prove that the defendant is guilty of murdering his wife,
it does have the tendency to prove that the defendant was interested in gaining the knowledge of
how to carry out a

J. Gallo Winery V. Spider Webs Ltd
Case Citation: E. & J. Gallo Winery v. Spider Webs Ltd., 286 F.3d 270
Facts: The Ernest and Julio Gallo Winery are the holders of the trademark "Ernest & Julio Gallo."
The company Spider Webs Ltd. Had registered the domain name "ernestandjuliogallo.com." Gallo
requested they release the domain page to them, but Spider Web refused and were sued by Gallo. A
summary judgment for Gallo issued an injunction to order the transfer of the domain name to Gallo
under the ACPA. Which, Spider Web appeals. Spider was a limited partnership who registered
domain names over 2000 and sells them on an Internet auction, not accepting bids less than
$10,000. Spiders intent was to contract with Gallo to sell the domain, but never made and effort to
do so. ... Show more content on Helpwriting.net ...
VI. Statutory damages: Damages that are award based on a degree of harm.
VII. Good will: the reputation of an organization.
B. Application:
I. Anti–Cybersquatting Consumer Protection Act: Spider Web violated the act when they refused to
release the domain name that was tied to Gallo's good will.
II. Trademark Infringement: Spider Web had the domain name "ernestandjuliogallo.com" which was
tied to Gallo's wine business.
III. Unfair competent law: Spider Web violated this with the creation of their Whiney Winery site,
which provided information about alcoholism and other information to go against Gallo's
operations.
IV. Summary Judgment: Because the issue was discrete, related to the ownership of the domain
name, the court ruled a summary judgment.
V. Injunction: There was a permanent injunction against Spider Web that restrained them from using
the Internet domain name 'ernestandjuliogallo.com' or from registering any domain name that
contained 'Gallo, Ernest, and Julio.'
VI. Statutory damages: Gallo was award $25,000 with judgment interest and cost.
VII. Good will: There was a great amount of good will that was invested in Gallo from its name.
Spider Web had attempted to harm Gallo's good will by posting on the domain site misleading
information about their product.
Case Citation: H.C. Schmieding Produce Co. v. Cagle, 529 So.2d 243
Facts: A potato farmer, Cagle entered in a written agreement for the purchase

Essay about The Death Penalty
The death penalty is a very controversial subject. I think that we should use the death penalty
instead of placing murderers, rapists, and people who commit treason in prison or letting them out
on parol. People that commit the most heinous of crimes should receive the most heinous of
consequences. Isn't that just the most fair way to deal with those offenders of the law?
From 1930, the first year of which statistics are readily available from the Bureau of Justice
Statistics, to 1967, 3,859 people were executed under civil jurisdiction in the United States. During
this period of nearly half a century, over half (54%) of those executed were blacks, 45 percent were
white, and the remaining one percent were members of other ... Show more content on
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If true, then we must wonder why whites represent 56% of those executed, and blacks 38% when
blacks have committed 47% of all murders, and whites 38%. Whites are executed at rates nearly
50% above their involvement in murder, blacks are executed at rates 20% below their involvement
in murder. From 1991–94, 34% of murderers have been white, 54% black.
Could it be that we just hate white murderers more? Or that we only care about white capital murder
victims? Or should we conclude that the "system" focuses its benevolence toward black murderers,
but its racism against black victims? How crazy. Such perverse conclusions, by opponents, are
expected and serve only to further undermine their quickly eroding credibility. Successful capital
prosecutions have nothing to do with the race of the victim or of the defendant and everything to do
with the nature of the crimes. The most thorough evaluation of this subject was presented in
McCleskey vs. Georgia wherein Federal District Judge, Owen Forester, accurately found that "the
best models which Baldus was able to devise...produce no statically significant evidence that race
plays a part in either.
Should we balance the scales of justice and execute equally the killer of blacks and whites? Only if
you wish to increase the number of black murderers executed. 93% of all black murder victims are
murdered by blacks. The overwhelming majority of black on black murders have

The Contract Between Tara And Vernon
(a) Is there a contract between Tara and Vernon? Yes, there is a contract between Tara and Vernon.
Although parties may have entered into a valid contract, it is necessary to ascertain the extent of the
obligations that the parties have entered into, that is the contents of the contract. A contract may be
made wholly by word of mouth, we called it oral contract or wholly in writing, we called it written
contract. Where the contract between Tara and Vernon is wholly in writing, the court will construe
only the document in which the parties have chosen to enshrine their agreement. There is a rule of
evidence contained in section 92 of the evidence act 1950 to the effect that the court will not allow
any oral evidence, also called parol evidence, to add vary or contradict a written document unless
the oral evidence comes within one of the exceptions or illustrations contained in the section. This is
known as the parol evidence rule. A contract is deemed formed and valid in the eyes of the law
when all necessary elements for its formation are proven to exist by producing admissible evidence
with respect to their existence. In this regard, the primary elements required under law to establish
the existence of a contract are proposal, acceptance, intention to create a legal relationship,
consideration, capacity, certainty and legality. If one of this elements does not exist, then it would be
doubtful whether the transaction concerned is contractual in nature. According to the

Business Law Essay
Chapter End Questions Chapter 12–12.1, 12.3 Chapter 13–13.4, 13.5, 13.7 Chapter 14–14.3, 14.5
Chapter 15–15.2, 15.3, 15.4 12.1 Jerome is an elderly man who lives with his nephew, Philip.
Jerome is totally dependent on Philip's support. Philip tells Jerome that unless Jerome transfers a
tract of land he owns to Philip for a price 30 percent below market value, Philip will no longer
support and take care of him. Jerome enters into the contract. Discuss fully whether Jerome can set
aside this contract. Yes, I believe Jerome can set aside the contract because it was formed under
undue influence and duress. Since Jerome is totally dependent on Philip for his support and the
contract benefits the guardian by being able to purchase the land ... Show more content on
Helpwriting.net ...
13.7 Carlin Krieg owned a dairy farm in St. Joe, Indiana, that was appraised at $154,000 in
December 1997. In August 1999, Krieg told Donald Hieber that he intended to sell the farm for
$106,000. Hieber offered to buy it. Krieg also told Hieber that he wanted to retain a "right of
residency" for life in the farm. In October, Krieg and Hieber executed a "Purchase Agreement" that
provided that Krieg "shall transfer full and complete possession" of the farm "subject to [his] right
of residency." The agreement also contained an integration clause that stated "there are no
conditions, representations, warranties, or agreements not stated in this instrument." In November
2000, the house was burned in a fire, rendering it unlivable. Hieber filed an insurance claim for the
damage and received the proceeds, but he did not fix the house. Krieg filed a suit in an Indiana state
court against Hieber, alleging breach of contract. Is there any basis on which the court can consider
evidence regarding the parties' negotiations prior to their agreement for the sale of the farm?
Explain. [Krieg v. Hieber, 802 N.E.2d 938 (Ind.App. 2004)] Yes, because the contract did not
represent the complete and final statements of the parties' agreement. Since there is a "right of
residency", additional testimony and evidence needs to be shown to the court by way of the Parol
Evidence Rule. Since Krieg resides at the farm, and it is possibly

The Law of Contract
Law of Contract
The word "Contract" means a legally binding exchange of agreement or promises between two
parties which the law can enforce. Contract law is originated from the Latin phrase know as "pacta
sunt servanda" means promises has to be kept. Any kind of violation of any kind of contract is fully
recognized by any law of the land and the result of such violation can be provided. In general life,
almost every citizen makes contract everyday. For example, when purchasing a house, written
contract is required.
However, in most cases majority of contracts are made verbally, for example in a case where a
student purchasing a biology textbook from a fellow student, or purchasing a pizza at the Pizza Hub.
Contract law can also be categorized as is habitual in civil law systems, as part of a general law of
obligations along with tort, unjust enrichment or restitution.
Puff
It's a statement from any person such as sales talk which does not contain any legal relations.
Therefore anything heard from a puffer has no action in contract and such statements are normally
taken to be wrong. The puff does not result to any liability because it doesn't contravene any section
of the law.
Representative
It's defined as a pronouncement, statement or any declaration of truth made in persuading another
party or person into an agreement and which does induce them to go into an agreement, but the
author of the statement only intended to deceive the partner by providing a false

Case Study Of Birla Sun Life Insurance
Insurance is the equitable transfer of the risk of a loss, from one entity to another in exchange for
money. It is a form of risk management primarily used to hedge against the risk of a contingent,
uncertain loss. An insurer, or insurance carrier, is selling the insurance; the insured, or policyholder,
is the person or entity buying the insurance policy. The amount of money to be charged for a certain
amount of insurance coverage is called the premium. Risk management, the practice of appraising
and controlling risk, has evolved as a discrete field of study and practice.
The transaction involves the insured assuming a guaranteed and known relatively small loss in the
form of payment to the insurer in exchange for the insurer's promise to compensate ... Show more
content on Helpwriting.net ...
The author insists on the importance of life insurance and discusses on various strategies of life
insurance.
Marketing of Life Insurance", (1987)10. This project was undertaken to examine the following
aspects: Extent of life insurance coverage, awareness, attitudes and beliefs of people on life
insurance, perceptions, sense of identification of employees with Life Insurance Company. He
concluded that LIC is a better avenue of investment than bank deposits. LIC products are sold easily
among the consumers on account of its reliability.
Rao, B.S.R. and Appa Rao Machiraju (1988)11 in their article entitled "Life Insurance and
Emerging Trends in Financial Services Market", contends that the agents of life insurance should
improve their services to the level of financial experts. The authors felt that the change in the
economic scenario would help the corporation in better services field.
Raghunadhan, R. (1988)12 in his article "Population – Insurable and Insured" made an attempt to
analyze the insurance coverage of the insurable population and concluded that more self employed
and agricultural labourers are to be tapped. The author gave a suggestion to improve and introduce
new schemes to satisfy the

The Court Of Court Case
Having concluded that the circuit court did not err in considering parol evidence, Wiencek further
contends that the trial court erred in holding that the B108 agreement had yet to become effective.
Specifically, Wiencek contends that this case is similar to Foreman, supra, where the Court of
Appeals refused to permit a party to establish that the effective date of a contract was different from
the express terms of that contract. Foreman, supra, 257 Md. at 443–44. CHH avers, however, the
trial court was not clearly erroneous in finding that there was not a contract in the first instance. We
agree with CHH. For the reasons stated in Part II, supra, Foreman is distinguishable from this case
because––like Saliba–– Foreman is a situation where the court sought to interpret rather than
identify the contractual agreement. Foreman, supra, 257 Md. at 443 ("The parties to the contract,
after a preliminary oral negotiation, reduced their agreement to writing for the purpose of
embodying their contract in its final form."). Critically, in this case the trial judge found that the
B108 document was not executed "for the purpose of embodying their contract in its final form." Id.
Indeed, contrary to Foreman, the question at issue here is not one of contract interpretation but one
of contract identification. "A manifestation of mutual assent by the parties to a contract is essential
to its formation." Post v. Gillespie, 219 Md. 378, 384 (1959) (citing Restatement (First) of

Law 531 Week 2 Section 14
B The Terms Agreed To The terms of the contract are the individually agreed obligations and
liabilities. 1 Statutory Implied Terms Section 13 of the Sale of Goods Act 1895 (WA) provides that
where there is a contract for the sale of goods by description, there is an implied condition that the
goods correspond with that description. Section 14 provides that where a buyer expressly or implied
informs the seller the purpose the goods are required for, to show that the buyer relies on the seller's
skill, judgement or information that is in the course of the seller's business to supply, there is an
implied condition that the goods be reasonably fit for that purpose. The manager described the solar
panels to Steve prior to purchase as being suitable ... Show more content on Helpwriting.net ...
Whether a statement has become a term, and therefore confers contractual rights, requires a test of
contractual intention; would a reasonable person have understood that the statement was intended to
become part of the contractual obligation? Ellul and Ellil v Oakes laid out the following factors to
determine if the statement is a term. The more important the statement is in the minds of the parties,
the more likely it is a term. This is especially so if what is said is of critical importance to the
decision to contract, like in Hospital Products Ltd v United States Surgical Corp or there are
repeated requests for assurance, like in Dick Bentley Productions Ltd v Harold Smith Motors. The
manager's statement assuring Steve that the solar panels were suitable to retrofit batteries was of
critical importance to Steve as he clearly said he did not want the solar panels if they were not
suitable for retrofitting and asked repeatedly for assurance. The shorter the time between the making
of the statement and the making of the agreement the more likely the statement is a term. Within the
time of one phone call Steve had decided on the solar panel system he wanted and then immediately
signed the contract. In Van Den Esschert v Chappell, a statement made to the buyer assuring the
house to be purchased was not affected by termites prior to the signing of the contract was held to be
a term as it was made immediately before the contract was finalised. If one party had special
knowledge or skill on which the other party relied on, the statement made, if in exercise of that
knowledge or skill, will likely be regarded as a term. Steve told the manager he knew nothing about
solar panels and implied that he was relying on the information provided by the manager. In Dick
Bentley Productions Ltd v Harold Smith Motors, the defendant (seller) had special knowledge and
skill regarding

Commercial Law "Contents" Flow Chart- for Fpbl
Contents of Contract Flow Chart
Statements made during negotiations
Conditions and Warranties
Implied Terms Expressed Terms
Terms
Discharge of the Contract
Discharge of the Contract continued
Remedies available for breach of contract
–––––––––––––––––––––––
Express terms:
Whether any dispute arises as to meaning of a contract it becomes necessary to construe (interpret)
the terms of contract in order to ascertain intention to parties.
Where contract is made orally, express terms of contract will be ascertained by determining the
words actually used by the parties when contract was made. This is essentially a question of fact.
If the contract has been reduced to ... Show more content on Helpwriting.net ...
One of the contracting parties may have (incorrectly) considered the representations to be terms.
Note: depending on the circumstances of a particular problem, the party who thought the
misrepresentation was a term may have a legal action in other areas of contract law, eg fraudulent
misrepresentation, s. 52 TPA (misleading and deceptive conduct)
Statements made during negotiations may be: A term, A collateral contract A misrepresentation A
puff.

Terms and Collateral Contracts:
If a document is signed then the parties to the agreement are bound by the contents of the documents
signed read L'Estrange v Graucob (p219)
Unless there is a misrepresentation as to the contents of the document read Pukallus v
Cameron(p249)
If the document is unsigned or the agreement is verbal then the courts may have to determine the
terms of the contract. The courts have developed tests over the years to assist them in identifying
terms. These tests focus on the importance of the statements in issue to the parties, the time period
between the statements and the contract being formed, the specialist knowledge of either of the
parties about the subject matter of the contract, and the language used by the contracting parties.
If the representation is not a term of the contract the court may determine that it is a term of a
collateral contract. A collateral contract is formed when a promise is made to

Old Chief V. US Supreme Court Case Study
In the case of Old Chief v. United States, 519 U.S. 172 this report found that the Appellate Court
error in his judgment and vacated its judgment and gave a judgement of summary the future
proceedings. According to the rule of evidence According to the rule of Federal evidence 403 on the
theory that the unfair prejudice to him would substantially outweigh the evidence's probative value.
The under Rule 403 of the Federal Rules of Evidence, by allowing the government, in order to
prove the prior–conviction element of the 922(g)(1) charge, to introduce a record of a prior
conviction for assault resulting in serious bodily injury, for which conviction the accused was
sentenced to 5 years' imprisonment, because the risk of unfair prejudice to ... Show more content on
Helpwriting.net ...
Collins, 68 Cal. 2d 319 the Federal rulesWere not applied. The rul 401 test of relevant evidence Was
not applied to the case at all. The rule of evidence that they applied was California rule 211 which
does not equal under the rule 401 of federal law. The rule 211Ca is based on The rule of
mathematics EvidenceWhich was an unfair advantage to the defense team. The rule of 402 of
General assembly of relevant evidence To provide Subsequential Standing of what the evidence
Picture should be was not Presented In this case. Instead The court applied CA rule 211(a) Which
also is based on mathematical deduction Which gives unfair advantage of due process to the
defendant And subsequently establishing links to the evidence. The rule 403 Excluding Relevant for
Prejudice, Confusion, Waste of Time, or other reasonsUsher is where the judge May exclude
Evidence Projecte most unfair evidence and prejudicial and prejudicial evidence of the sequential
prohibits value streamline and waste of time that should not be entered into the court directed so that
the defendant may have a fair trial.Applebee's Rule of evidence 403 has been applied To the court
records. The trial can proceed in a very timely manner Based on the evidence picture To the jury To
make a decision on the persons in the scent of guilt based on persuasion argument That both
attorneys will provide at trial And a fair Even playing field. Where in these case Evidence of which
presented

Finding Out Maria 's Contractual Position With Ms Potts...
The issue here is to find out Maria's contractual position with Ms Potts and Gastro Kitchens Ltd
(GKL) due to the lack of promise through the oral statements in the dealings and the standard
written contract regarding Maria's new kitchen. To be able to do this, it needs to be established
whether there was a valid contract between the parties and also if the terms agreed upon would be
legally binding. A contract is composed of a number of terms that defines the parties' rights and
liabilities. It is either made verbally, in writing or both. Express terms are promises that are
expressed between the parties, which becomes part of the contract itself. On the other hand, if
parties have entered into discussions either orally or in writing, it does not mean that any
conclusions reached from the discussions are automatically terms of a contract. Distinctions need to
be made between statements that are merely representations and those that amount to terms in a
contract. In Maria's case, she was presented with oral and written statements, the latter taking
precedence. As Maria had relied on the oral statements however, consideration must be taken as to
what was agreed and whether or not it would be classified as terms. A representation is binding if it
is incorporated as an express term of the contract. Incorporation arises with regards to written
contracts in standard form and contracts that have not been signed. The courts have adopted an
objective test to determine whether or

The Court For Montgomery County Granting Appellee 's,...
This appeal arises out of an order of the Circuit Court for Montgomery County granting appellee's,
Community Homes Housing, Inc.'s ("CHH's"), motion for judgment against appellant, Wiencek +
Associates Architects + Planners, P.C., ("Wiencek") pursuant to Md. Rule 2–519. Specifically,
Wiencek contends the circuit court erroneously concluded that CHH's duty to pay had not arisen
under the terms of the parties' contract. On appeal, Wiencek presents one issue for our review, which
we rephrase as follows: 1. Whether the circuit court erred in considering parol evidence to
determine whether the B108 document was a contract. 2. Whether the circuit court's finding that the
B108 document was not a contract was clearly erroneous. For the reasons set forth below, we shall
affirm the judgment of the Circuit Court for Montgomery County. FACTUAL AND
PROCEDURAL BACKGROUND On June 1, 2011, the parties entered into an "Agreement to
Redevelop and Preserve Affordable Housing" (the "HUD Agreement"). Under the terms of the HUD
Agreement, Wiencek would provide professional design services to assist CHH in applying for
financing and insurance from the Department of Housing and Urban Development ("HUD") in
exchange for CHH's promise to hire Wiencek as the Architect for the approved project. The express
terms of the HUD Agreement conditions Wiencek's reimbursement of costs expended to prepare the
application to HUD on the issuance of a "Firm Commitment" from HUD. Indeed, under this

Essay on Understanding Relevance Legal Standard
In the grand scheme of trial, evidence is needed to convince jurors to give a verdict of guilt or not
guilt. Evidence can take several forms such as physical evidence, substantial evidence. Regardless
of what type evidence is presented must be relevant to the case to be admissible. "Relevance refers
to any material fact or evidence having a tendency to make the existence of a matter at issue more
probable than it would be without said fact (probative value)"(Britz, 2008, p. 344).
In this paper, an examination of the legal standard of relevance evidence will be discussed.
Furthermore, the rules of inclusion and exclusion of evidence based on the wording of the rules will
be scrutinized. In the final section, examples of ... Show more content on Helpwriting.net ...
According to Rule 401(Test for Relevance Evidence) of the Federal Rules of Evidence, the test
relevance depends on depends on two factors. The first question ask do the Evidence have any
tendency to make a fact more or less probable in the absent of the evidence and, do the fact of
consequence in determining the action relate to the case(Federal Rules of Evidence). The court
could possibly exclude relevant evidence if its probative value is substantially outweighed by a
danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury,
undue delay, wasting time, or needlessly presenting cumulative evidence. When relevant evidence is
questioned for some type unwarranted chauvinism it is covered under the F.R.E. Rule 403(Federal
Rules of Evidence).
The Rule 403 of the F.R.E., states that relevant evidence may be excluded if its probative value is
outweighed by unfair prejudice. This is to say, when something has been present to the jury that
would produce unfair prejudice and could develop an adverse opinion prior to having sufficient
knowledge of relevant facts. (Britz, 2008, pp. 273 – 274). In the case of Spencer v. Texas, the
Petitioners, was convicted of a felonies in Texas.
The Rule 403 apply in this case because under past Texas' recidivist or habitual criminal statutes
jury was made aware of

An Alternative Basis For Enforcing Promises
Contract is generally defined as a "promise or set of promises for the breach of which the law gives
a remedy, or the performance of which the law in some ways recognizes as a duty" (Restatement
(Second) of the Law of Contracts § 1). Hence, when a person sues someone for breach of contract, it
only means that the defendant fails to fulfill his promise to the plaintiff (Maggs, p. 1). If this
happens, there are two options that the court may ask to the defendant – pay the plaintiff or perform
the promise. A promise is enforceable by the law if it comprised the two bases to be considered
legally recognized – reliance and consideration. Reliance is deemed as "an alternative basis for
enforcing promises" (Maggs, p. 13). On the other hand, consideration is defined "for a promise as
something – a performance or another promise – given in exchange for the promise as a part of a
bargain" (Maggs, p. 13). There are basically four requirements that characterize a consideration:
there should be a return promise or performance bargained; the return promise or performance is
agreed due to the promisor's request in exchange for the promisee's request; performance may be in
the form of forbearance, act, or destruction, modification, creation of legal relation; and the return
promise or performance may be granted to another person or to the same promisor and may be
granted by another person or the same promisee. Given these characteristics, consideration is often
referred as "the bargain

商业法律
Intention: Non–commercial agreements:1.Where the agreement between the parties is of a non–
commercial nature, it is presumed that the parties do not intend to create legal relations (Balfour v
Balfour). Where the agreement between the parties is of a commercial nature, it is presumed that the
parties do intend to create legal relations(Balfour v Balfour). The presumption in social
arrangements is that there is no intention to create legal relations(Edwards v Skyways Ltd)..(Social
agreements in friends/acquaintances, Family, domestic,Voluntary) a)social arrangements:The
presumption in social arrangements is that there is no intention to create legal relations (Balfour v
Balfour). b) Family or domestic agreements,In the case of domestic ... Show more content on
Helpwriting.net ...
So where the offeror specifies a particular method of acceptance, it must be followed exactly
(Gilbert J McCaul (Aust) Pty Ltd v Pitt Club Ltd). If not, acceptance is not effective. 验收必须符合
要约条款。因此,要约人指定了一个特定方法的接受,它必须严格遵循 ⑴if acceptance by post
was contemplated by the parties, acceptance occurs when the letter is posted, not when it is actually
received (Adams v Lindsell). ⑵Revocation of the offer by letter– to be effective must be received
by the offeree before they post their letter of acceptance (Byrne v Van Tienhoven). Rule 3: Must be
absolute and unqualified, Acceptance with a condition attached is not acceptance (Masters v
Cameron) Rule 4: Cannot be revoked, unless the offeror agrees to release them from the contract
(and this would require consideration).3.Consideration A) Consideration is essential to the validity
of every simple contract (Rann v Hughes). B)Consideration must be definite, legal and possible of
performance. Consideration that is too vague, illegal or impossible is not valid consideration (White
v Bluett). C)Consideration must move from the promisee (Dunlop Pneumatic Tyre Co Ltd v
Selfridge) D)Consideration must not be past –Consideration may be present (executed) or future
(executory) but may not be past. (Roscorla v Thomas).E) Consideration must be sufficient but need
not be adequate (Chappell & Co Ltd v Nestle Co Ltd) 2.Repeating an existing duty

The Pros And Cons Of Business Law
Benjamin is a neighbor of Abraham's in the condominium building. Benjamin owns several
condominium units in the building. Benjamin has a daughter named Connie who has just graduated
college. Benjamin offered to sell one of his condominiums to Connie for $100. Connie agreed, and
paid Benjamin the money. After the papers for the sale of the condominium were drafted and signed,
Connie – who had planned to attend law school – decided instead that she wished to become a
barista at the local coffee shop and work on a novel she had always wanted to write. Upon hearing
this news, Benjamin became very upset. Benjamin did not approve of Connie's plan to become a
barista and aspiring author. Because Benjamin disapproved of Connie's plan, he told her ... Show
more content on Helpwriting.net ...
Frank is a painter who periodically performs work on the common area of the condominium; he also
is sometimes hired by owners to do painting for them. One of the condominium unit owners hired
Frank to paint the outside of their apartment door. Due to a misunderstanding, Frank painted a
different door then the one he was supposed to paint. The door Frank painted belonged to an owner
named Glenda. Glenda was leaving one morning, and started to walk away from her apartment
towards the front door of the building. As she was walking away from her apartment, she saw Frank
setting up his paint and brushes right by our front door. Glenda didn't say anything or try to stop
Frank. Glenda had noticed her apartment door needed to be painted, but didn't feel like spending the
money at that time. Frank painted her door, but when he sought payment from the owner who had
hired him to paint their door, the owner pointed out that Frank had not painted the right door. Frank
immediately painted the right door to honor the contract and maintain his reputation. Frank then had
an awkward conversation with Glenda where he explained the mishap and asked if Glenda would
pay him. Glenda spoke with Connie, the barista who had read half of the contracts commercial
outline, to get some legal advice. Connie explained to Glenda that she could very well be legally
obligated to pay Frank something for the paint job. Glenda said she didn't understand why she
should have to pay Frank when

Law of Contract
contract but do not appear to be a relevant issue here. While it is possible for offers to be "made to
the world"1, K 's advertisement is an "invitation to treat"2. It cannot be construed as an offer as it
shows no intention on K 's part to be bound to its terms, in contrast to the wording of the
advertisement in Carlill v Carbolic Smoke Ba// Co3. Thus A 's letter to K dated 21 April is the first
possibility of an offer. However the terms of this letter are too vague to be construed as an offer.
This is because an offer must contain all the terms necessary for the contract to come into
existence4. Offering to work for a fee "between $12000–$20000" is not certain enough to constitute
an offer and the letter is more appropriately ... Show more content on Helpwriting.net ...
Thus consideration passes from both parties16 and is of a precise 7 Ibid 8 Felthouse v Bindley
(1862) 11 CB (NS) 869 9 R v Clarke (1927) 40 CLR 227 10 Eg Entores LTD v Far Eastern Corp
(19550 All ER 493 & 495 11 Manchester Diocesian Council for Education v Commercial and
General Investments Ltd [1969] 3 All ER 1593 12 Eliason v Henshaw 4 Wheaton 225 (1819) 13
Adams v Linsell (1818) 2 B & Ald 681 14 (1887) 2 AC 666 15 (1988) 14 NSWLR 523 16 Dunlop
Pneumatic Tyre Co v Selfridge & Co Ltd [1915] AC 847 nature17. The fact that this conduct occurs
in a business setting between two parties acting at arms length also creates a presumption that there
is a common intention to create legal relations, a presumption that is not rebutted by any contrary
facts18. The Terms of the Contract In order to determine the terms of the contract it is important to
have regard to the terms of the offer only. The only terms that could arise out of the previous
negotiations are those referred to in the offer itself or that the courts would imply as necessary to
give the contract "business efficacy"19. This is particularly the case if the signed contract is seen as
the basis of the agreement, which is likely. In this case the parol evidence rule will generally
preclude any evidence of intention inconsistent with the signed document20. There is nothing in the
offer letter or contract sent by K to A which imports any of the previous negotiations. Thus once the
offer is

TABL1710 Autosaved
TABL1710 Contract law Contract– AGREEMENT concerning PROMISES between 2 or more
parties  LEGAL RIGHTS & OBLIGATIONS Elements for legally binding contract: Intention–
must have evidence to INTEND to make legal contract 'Subject to contract'  NOT in final form
MASTERS V CAMERON (no contract until conditions met) Implied intention: Social (friends),
family, domestic, voluntary  NO INTENTION BALFOUR V BALFOUR (husband & wife– no
agreement) COHEN V COHEN WAKELING V RIPLEY (seriousness– big sacrifice) TEEN
RANCH PTY LTD V BROWN (voluntary– no claim worker's comp) ERMOGENOUS V GREEK
ORTHODOX COMMUNITY OF SA INC (treated like employee– could claim) Commercial/
business  INTENTION ROSE & FRANK COMPANY V JR CROMPTON & BROS LTD (agreed
... Show more content on Helpwriting.net ...
concerning fitness for purpose, acceptable quality) Uncertain terms: if uncertain no real contract 
void for uncertainty Meaningless terms: terms no meaning  void for uncertainty Ambiguous terms:
more than one meaning  will be void if term has no meaning Types of terms: Condition– essential
term going to the root of contract  can sue Warranty– non–essential term, lesser importance
BETTINI V GYE (breech warranty not condition– still fulfilled main purpose didn't win sue)
POUSSARD V SPIERS (breach condition– didn't turn up  could sue) GUMLAND PROPERTY
HOLDINGS LTD V DUFFY BROS FRUIT MARKET Exclusion causes: Exception or 'no liability'
clauses  effectiveness depends on contract as a whole Notice of exclusion must be given BEFORE
contract is made THOMPSON V LONDON, MIDLAND & SCOTTISH RAILWAY CO (notice
given before even if P is blind) EBAY INTERNATIONAL AG V CREATIVE FESTIVAL
ENTERTAINMENT PTY LTD (failed cos notice was not given til after receive tickets) OLLEY V
MARLBOROUGH COURT LTD (notice on back of door– AFTER contract was made) BALMAIN
NEW FERRY CO LTD V ROBERTSON

Mgmt 597_Final exam final Return Essay
Grading Summary These are the automatically computed results of your exam. Grades for essay
questions, and comments from your instructor, are in the "Details" section below. Date Taken:
12/17/2014 Time Spent: 4 h , 13 min , 05 secs Points Received: 285 / 300 (95%) Question Type: #
Of Questions: # Correct: Essay 6 N/A Grade Details – All Questions Page: 1 2 Question 1. Question
: (TCO A, C) Jim worked for AAA Job Shop, Inc. for over 30 years. Two months before Jim retired,
the head of human resources told Jim that the company would pay for health insurance for Jim and
his wife for the remainder of his life, and for his wife's life if she were to survive him, and handed
Jim a letter from the company describing this. Jim had ... Show more content on Helpwriting.net ...
But she said she would cover $200 of the repair costs. Joan then took the car to be repaired at a cost
of $487. Joan now wants to recover the full repair costs from Marge. Marge refuses to pay any
amount. Discuss the issues that would arise in this case. Student Answer: Accounting to the Statute
of Frauds , "if a contract is required to be in writing under the Statute of Frauds but is not, the
contract is unenforceable. The parties may voluntarily perform a contract that is unenforceable."
(Cheeseman, p158) Actually, they both signed a written agreement that "as is, without any
warranties" after the Marge told Joan that she would fix any problems with the drivetrain that arose
in the first 1,000 miles. The first 1,000 miles should had been written on the contract in order to
become enforceable. Since the promise was made before the negotiation, there might have some
change before the agreement was signs such as lower the price. So, Joan would not be honer for the
first 1,000 miles warranties in this case as she signed "as is". Now, let's discuss the repair fee, Under
UCC Statute of Frauds Section 2–201(1) A section of the Uniform Commercial Code which states
that sales contracts for the sale of goods costing $500 or more must be in writing. (Cheeseman, 223)
Since the repair fee was under $500 in this case, no writing contract needed to be made. Since the
repair fee is in oral agreements that was made later and modify the

Evidence Law in the Ugandan Jurisdiction
BURDEN OF PROOF AND STANDARD OF PROOF. Under s. 4 of the Uganda Evidence Act,
evidence may be given in any suit or proceeding of the existence or non–existence of every fact in
issue and of such other facts as are declared to be relevant. C.D. Field has defined burden of proof
as a metaphorical phrase indicating an obligation to prove a fact or facts. This obligation necessarily
involves the adduction of evidence in an attempt to prove a fact, subject to occasional cases where a
fact can be established without evidence. Towards the end of the Nineteenth Century, Thayer
maintained that the "words burden of proof" were used in two senses and that there was only one
phrase for two ideas. One idea was the duty of him who will lose the case if ... Show more content
on Helpwriting.net ...
It also includes tape recording which may not fall under any of the definitions. The admissibility of
tape recording was first considered in R v Maqsud Ali. A murder had been communicated and the
two appellants voluntarily entered a room with a Police Superintendent and a Pakistani Liaison
Officer. A microphone was installed in the room and connected to a Tape Recorder in another room.
The recorder was switched on and the Superitendant and the Liaison Officer left. While the
appellants were alone, they conversed in a Punjabi dialect and their conversation almost amounted
to a full confession to the murder. The tape was kept in Police Custody but not all the appellants said
it was clear as the recording contained several street voices. It was also not easy to prepare the
transcripts and translations of the words on the tape because the words had to first be translated into
Urdu which is the Official language of Pakistan. At the trial, one of the issues was whether the tape
recording and the transcript translations should have been admitted in evidence. Court held that
evidence of a tape recording was in the circumstances admissible the trial judge having properly
warned the jury of the caution with which they should consider the translations. That the translations
were properly admitted despite the difficulties of language and that the recorder was in substance a
mechanical eavesdropper and the judge had

The Case Of Construction And Interpretation
The issue in the present case relates to construction and interpretation. The two main issues are
whether: 1. the pre–contractual statement can form part of subsequent written agreement. 2. the
contract was wholly a written agreement or partly oral. If the contract relies on the written
agreement, do the exceptions of the parol evidence rule apply in this scenario? II APPLICABLE
LAW A Pre–contractual statement Firstly, the contract does not implicitly include oral statements
made by Ms. Shelley. Therefore, it is necessary to examine whether Ms. Shelley's oral statement on
behalf of Safety Australia Pty Ltd (SA) can form part of the subsequent contract in order to advise
Simple OHS Solutions Pty Ltd on their legal situation. As ... Show more content on Helpwriting.net
...
Shelley cannot form the basis of the written contract as the parol evidence rule excludes the external
terms that alter the written agreement. However, there are some exceptions to the parol evidence
rule that can be argued such as collateral contract, which involves a party giving a promise or
assurance to another party intending to enter into the main contract. Therefore, courts can accept the
extrinsic evidence being relied upon for entry into the main agreement. However, the courts 'are
often reluctant to hold statements which are being forward as collateral contracts to be such unless
the statement are promissory.' So the court will determine whether the statement is promissory in
order to be admissible. II APPLICATION OF LAW TO THE PRESENT CASE A. Whether pre–
contractual statement forms into a subsequent contract According to Hospital Products Ltd v USAS,
the court stated that there are a number of factors to show whether pre–contractual oral statements
made prior to the formal contract become the terms of the contract or remains mere promise. 1.
Strength of the language In her comments to Ms. Marini, Ms. Shelley explicitly says 'I don't expect
you to make your sales targets at first'. These words show that it was an opinion rather than
promissory terms. This statement did not

Contracts Outline
Nd Contracts Outline Professor Murray 1. Contract Remedies (Chapter One) What is a contract?–
promise or set of promises, for breach of which the law gives a remedy or the performance of which
the law recognizes as a duty. Types of contracts– a. express: formed by language, oral or written b.
implied: formed by manifestations of assent other than oral or written language; by conduct. c.
quasi: not contracts at all, construed by courts to avoid unjust enrichment, by permitting plaintiff to
bring an action in restitution to recover the amount of the benefit conferred on defendant. Critical
Elements of a Contract: a. promise– undertaking or commitment that something shall or shall not be
done b. exchange–something the law ... Show more content on Helpwriting.net ...
intention to be legally bound AND 2. courts have sufficient basis to afford remedy UCC will use
'gap fillers' o §2–305– can insert price o §2–308– absence of delivery time o §2–307– shipment
terms ANATOMY–OFFER & ACCEPTANCE A. Preliminary Negotiations v. Offers A contract
includes not only what the parties said but also what is necessarily to be implied from what they
said. Any conduct of one party, from which the other may reasonably draw the inference of a
promise, is effective in law as such. RULE: When deciding if an offer has been made you look at: 1.
Language used (words of promise, undertaking, or commitment) 2. Determination of the party(ies)
to whom the purported offer has been addressed (less like an offer with indefinite group). 3. The
definiteness of the proposal itself RULE: If a proposal is nothing more than an invitation to the
person to whom it is made to make an offer to the proposer, it is not such an offer as can be turned
into an agreement by acceptance; it is merely an invitation to trade. 1. They ask for offers which the
proposer has a right to accept or reject as he pleases. ADVERTISMENTS Generally ads are not
offers but merely an invitation to offers RULE: Advertisements are usually not an offer but it can be
when two elements are satisfied... a. A definite offeree b.

NT1310 Unit 1 Assignment 2
QUESTION 1.1B
Issue :
Can I acquire the building of technical tower, spot light ramp along with certification to be
undertaken?
Rule :
Express terms are terms of the contract that are explicitly agreed on by all parties involved either in
verbal or written form (James, 2014, p284)
Non–contractual promise or representation is a promise or representation made during contractual
negotiations that was not intended to be a term of the contract and it is not enforceable under
contract law but is enforceable under promissory estoppel which is a principle that a promise will be
legally enforceable even if consideration for the promise was not provided by the promise so long as
some requirements are satisfied (James, 2014, p301)
Parol evidence rule

Foundation of Business Law
Charlie is going to rescind the contract. He demands return of his money and compensation for the
loss of commission on several high profile sales of his business. He wants to rescind the contract
because the package of software recommend by Carmine was obsolete, despite Carmine's
assurances. This problem is concerned with the contents of the contract which is term in the
contract, the misrepresentation and unconscionable conduct. Charlie will claim that Carmine verbal
assurances about the condition of the package of the software which recommended by Carmine was
unable to utilise the Land Titles Office's electronic lodgement of documents. Carmine will refer to
the written contract which contains a clause that there is no warranty ... Show more content on
Helpwriting.net ...
This is an area difficultly for Charlie because the written contract does not record the oral
promissory made by Carmine. Charlie asked Carmine that is the software suitable for his company
use and Carmine has assured Charlie that it is suitable for his company but this is not written in the
contract. Charlie has signed the contract without noticing that parol was not recorded in the written
contract. If he sign the contract that means he has confirm the contract. Charlie would succeed in an
action for misrepresentation. Carmine has made a statement of fact about the package of software
('this package is widely used by several of well–established real agencies in South Australia wand
was more than adequate for a small agency') that is false and which has induced Charlie to signed
and entered the contract. As a result of Carmine misrepresentation Charlie has suffered loss and
damage of his company. It is fraudulent misrepresentation because Carmine knew that the package
of software had already obsolete and had lie to make the sale. Charlie can rescind the contract and
claim loss in the tort of deceit: Derry v Peek– Graw 12.7.2). Charlie can rescind the contract for
unconscionable conduct. Carmine has destroyed the inequality in bargaining power that exists
between him and Charlie. He is in much stronger position as a software dealer compared to Charlie
who is in the weaker position as he just has basic

Case Study : Business Law I Essay
Eider I. Espinosa
ACCT 261 – Business Law I
Prof R. Stein
Fact Pattern 1
In the case of Anthony, a New Jersey resident and owner of a waste disposal company in the state of
New Jersey, and his two business associates, Paul and Silvio, whom suffered severe injuries due to a
motor vehicle accident caused by a negligent truck driver; they have great standing to sue against
the neglectful driver and the company associated with the ownership of the vehicle. Regardless of
the diversity of their residency/ citizenship, the affected party can proceed to sue the corporation
responsible for the damages caused by their staff and property; reason being that they are protected
under the Constitution's diversity of citizenship, and the privileges and immunities clause.
Furthermore, these two constitutional clauses in addition to the commerce clause, dictate the court
that the matter needs to be brought to.
The diversity of citizenship clause stipulates that matters that involves two or more parties of
varying citizenship, such as state of residency or country of origin, and who's legal dispute is greater
than seventy–five thousand dollars, will be protected and served by the United States law under the
jurisdiction of the federal court. The privileges and immunities clause prohibits states from
discriminating against one another's citizens, they are not to be unprivileged from any legal
protection, access to courts, or travel and property rights. Lastly the commerce clause permits

Essay on Case Study
TransAmerica Oil Corporation v. Lynes, Inc & Baker International Corporation
Case Brief
Issue:
This is a case of breach of an express warranty, subsequent decision, and appeal in the State of
Kansas and the issue is whether or not breach of an express warranty warrants an award of damages
under the Uniform Commercial Code.
Facts:
Harold Brown, TransAmerica's president, purchased 10 production injection packers typically used
for temporary purposes, but advertised as a permanent solution. With most shipments, an invoice
was included that contained language disclaiming express or implied warranties and limiting the
purchaser's remedies. The statute of limitations pursuant to this case is four years. Under Kansas
law, ... Show more content on Helpwriting.net ...
The jury had only to determine whether the advertising and oral statements by Spencer constituted
express warranties that the packers would work properly in open holes. The jury awarded
TransAmerica $196,577.62 based on a claim of breach of express warranty.
Reasoning/Analysis:
In the debate as to whether or not the three–year statute applies, § 60–512 comes into play. If it
applies, the plaintiff's claims are excluded. If § 84–2–725, four–year statute applies, the plaintiff's
claims are timely. This case involves a sale of goods within the meaning of the UCC, Kan Stat Ann
§§ 84–2–102, 84–2–105, and 84–2–106. Therefore the four–year statute applies and the claim is
timely. Under Kansas law an express warranty may be created by "any affirmation of fact or
promise made by the seller to the buyer which relates to the goods and becomes part of the basis of
the bargain" or "any description of the goods which is made part of the basis of the bargain creates
an express warranty that the goods shall conform to the description."
Lynes Inc and Baker argue that the descriptions and statements made by the sales associate,
Spencer, were opinion only and insufficient to create an express warranty. Brown testified that
Spencer assured him that the packers were suitable for permanent use. This statement if believed is
sufficient to support the finding of an express warranty. Under Kansas law,

Breach of Contract and Damages
According to the parol evidence rule, if a term has been breached, the unhappy party; in this case
Derrick, can sue the other party; Susie. In the contract between Susie and Derrick, the shipping
container weight was not specified. This means it is not a term of the contract. When Derrick asked
Susie about the weight of the shipping container, Susie ensured Derrick the shipping container
weighted less than 2 tonnes; this is not a term as it wasn't stated in the contract, but is a collateral
contract as it is a promise and not consisted with the contract. The shipping container weighted 2.7
tonnes, which damaged Derrick's truck. It is unclear whether in the contract an exemption clause
was stated on if the truck was damaged. An exception to the parol evidence rule shows the contract
had shown inconsiderable behaviour by not stating how much the shipping container weighted as
well as the false statement by Susie when she was ask about the weight of the shipping container. In
the De Lassalle v Guildford case, of similar issue, there was a lease agreement, which had been
signed. In the agreement nothing was stated about the drains. De Lassalle asked before signing the
contract and Guildford stated there were no worries, but the house flooded. De Lassalle sued
Guildford by using the collateral contract made before signing the contract as evidence. In the case
between Derrick and Susie, as the assurance of how much the shipping container weighed was
stated after the contract had

Contract & Agency Law
Payment, similar to consideration, is one of the four elements of a contract. Consideration is
something of value in a contract or agreement between two parties. Both parties must be providing
something of value to the other party. It is an act or promise to do (or not to do) something in return
for value and the value given is enforceable. All the law need is 'valuable consideration '. For
example, if Jack has offered to pay S$10 for a hammer worth S$100, that is considered valuable
consideration. There are three types of consideration in law: executory consideration, executed
consideration and past consideration. In this case study, the agreement of payment between Food
Enterprises Ltd and Nerd Private Ltd, clause 2.2 indicates that ... Show more content on
Helpwriting.net ...
Confidential information is not property, but you can control access to it, and license its use or
transfer it to another person. In Singapore, most employees will need to acknowledge the staff or
employees handbook or code of conduct upon joining the company. Some companies require its
employees to acknowledge it on an annual or bi–yearly basis. In one of these clauses, indicates that
information of the company is to be treated with utmost confidentiality. However, as much as either
party tries to keep all information confidential, there tend to be obligations of confidence. This
exists when this is an express obligation due to the relationship they share. Thus, the law implies
that one party must know of the confidentiality of the information. Obligations of confidence are
present in the following relationships: fiduciary relationships, company officers and employees, and
employment. In clause 6.1 of the Services Terms and Condition, any confidential information is
available for use only in connection with the agreement. It may also be reproduced or reasonably
copied for the performance of obligations by the receiver. In the case of Vandashima (Singapore) Pte
Ltd and Another vs Tiong Sing Lean and Another (2006) SGHC 132, the first defendant, Tiong,
employed by the first plaintiff, Vandashima (Singapore) Pte Ltd, was holding a high post in the
company. He misused his authority and power to trade

Legal Case Study
Assume it is now July 2017, what legal advice would you provide to both Rose and Dennis? Dennis
has purchased an old building in which Rose, a long–standing friend has asked to lease this building
from Dennis, with the intentions to run a florist business. Dennis agrees to this proposal and a
written signed leased agreement was prepared and signed by both parties involved. A fee was agreed
that Rose would pay Dennis $2,000 a month in rent. Further down the track rose beings to struggle
with cash flow and profit and requests Dennis to reduce to rent to $1,000. This lesser rent was
agreed through a handshake and no formal written agreement was written down on paper. Dennis
approaches Rose further down the track requesting for the rent to ... Show more content on
Helpwriting.net ...
There are several guarantees under the ACL, however the applicable ones to Con's case are the
following (Commonwealth Consolidated Acts, 2010). Guarantee that goods correspond with
description s56 Guarantee that goods are of acceptable quality s54 Guarantee that goods are
reasonably fit for purpose for which goods of that kind are commonly supplied s55 As Con had not
previously dealt with Liberty Furniture, or seen any demonstration models, Con cannot claim the
Guarantee in s57 (goods match their sample) The quality of the product was not up to Con's
standards. After just a limited usage of 2 weeks the furniture began to break. The guarantee in s54
states that goods must be of acceptable quality, in which fit for all purposes for which goods of that
kind are commonly supplied; acceptable in appearance and finish; free from defects; and durable.
Con can also claim the s55 guarantee in which he should receive goods that are fit for purpose.
Goods that fail to work or break within a two–week period are not considered fit for purpose thus
liberty furniture has breached this guarantee. The final guarantee Con can claim is s56. This is
where the good supplied do not match those of what was described. It was described that they were
to receive "commercial grade, long lasting furniture" however

How Did The Agreement Of Masterson Differ From That?
Assignment 11 Notes 1 Page 415 In Restatement terms, how did the agreement in Masterson differ
from that in Gianni? The Gianni agreement was in writing and the issue in this case was is there an
enforceable oral agreement. The courts ruled that under the parol evidence rule, "Where parties,
without any fraud or mistake, have deliberately put their engagements in writing, the law declares
the writing to be not only the best, but the only evidence of their agreement." Any preliminary
negotiations and verbal agreements are superseded by the written contract, and no evidence of such
other verbal agreements is to be considered by the court. In the absence of fraud or mistake, a
written agreement is the only evidence of the agreement between two parties. The Masterson
agreement wasn't entirely agreed to in writing therefore the issue in this case varied substantially
from the one Gianni addressed. The issue in this case was whether the parties intended their writing
to serve as the exclusive embodiment of their agreement. When only part of an agreement is
incorporated parol evidence may be used to prove elements of the agreement not in the writing.
How did the dissenters in Masterson differ from the majority? The majority opinion undermined the
parol evidence rule, rendered suspect instruments of conveyance absolute on their face, materially
lessened the reliance which might be placed upon written instruments, and opened the door to new
technique of defrauding

Business Law 265: A Case Of Adjudicated Insane
Business Law 265 Spring 2008 Exam #1, February 26, 2008 1. Jerry sent a letter containing an offer
to sell his mountain bike to Bill for $300. This letter was sent on Oct. 1 and it was received on Oct.
4. On Oct. 5 Bill sent a letter to Jerry accepting the offer. But then Bill changed his mind; on Oct 6
Bill sent a message by personal messenger to Jerry, rejecting Jerry's offer. The messenger delivered
the rejection and it was received by Jerry on Oct. 7. The letter containing Bill's acceptance was
received on Oct. 8. Based on the above, has a contract been formed for the sale of the mountain
bike? No, because the rejection was received before the acceptance was received 2. Under the
"golden rule" regarding assignments, ... Show more content on Helpwriting.net ...
15. Generally speaking, the contract of a minor: Is voidable at the minor's option. 16. In most states,
where a minor wants to disaffirm a contract, but there is damage to the consideration he or she
received, the minor: Can disaffirm, and does not need to place the adult in status quo. 17. Which of
the following is correct about contracts entered into by insane persons? Contracts entered into by
persons adjudicated insane are void, and those entered into by nonadjudicated insane persons are
voidable. 18. In order for someone to avoid a contract on the grounds of intoxication, the level of
intoxication must have been: So great that he didn't comprehend the nature of the agreement he was
entering into. 19. Where a contract calls for action that violates a statute, in a breach of contract case
the court will: b. Leave the parties where it finds them. 20. A minor, unable to live at home,
contracts to rent an apartment for one year at $600 per month. After living there for three months, he
disaffirms the contract. The reasonable value of that apartment was only $500 per month. Assuming
no rent has been paid, the minor must pay: c. $1,500; the reasonable value for three months. 21.
Mary, age 16, buys a car from Friendly Auto Dealers. She pays $1,500 for the car. It turns out that
the car is really worth $2,500. Friendly wants to disaffirm the

The Instruments Of A Contract
Abstract A contract is essential to permeate a concept implementation between two or multiple
parties. When a person agrees to buy a home, there is a contract with the provider same is the case
to our home furniture that we achieve by contracting with the respective utility providers. Therefore,
a contract is essential to enforce a potential into action. In the pursuit of the instruments of a
contract, it is noted that there a potential similarity and subtle disparity between oral and written
contracts. However, justifying an oral contract than a reasonable doubt can be a daunting than
proving a written contract. Some contracts demand to be transcribed and will not take effect until
the vital components are enforced in signed, written ... Show more content on Helpwriting.net ...
Therefore, the ultimate purpose of the rule is to separate the extrinsic and intrinsic features of
evidence regarding the direct statements to the agreement and its significant antecedent. By that, it
will eliminate the alterations that can influence components of a contract and possible ambiguities
that will contradict the commitment and compliance of a preceding written instrument. In the recent
past, most Australian and English courts would emphasize on the practice and application of solving
contractual disputes traditionally. The traditional system renders the court a freedom to practice
jurisdiction without considering the extrinsic values of the transaction. However, with the
intervention of the modern parole framework of assessing evidence, judges admit it is easy to
administer justice. The jurisdiction is verified after critically evaluating the background of the
parties and the contract in a significant correlation to the core aim of a contract. Additionally, in
some instances, the court will consider evidence of prior negotiations. However it is practical in the
case where the parties are unaware of the belying facts and that these facts will not manifest any
form of biasedness amongst the contradicting parties. The approach enables the Australian
jurisdiction to obtain adequate background research of a case to administer

Agri-Tech V Brewster Heights Packing Case Study
Even the contracts are expressly agreed to by the parties, those terms need to be inter–preted and the
court must ascertain the terms and meaning of the parties to the con–tract. According to the UCC,
the court would look to the relevant course of perfor–mance, course of dealing and usage of trade to
determine the meaning of the words of agreement. The parol evidence rule is a legal rule that
applies to written contracts. Parol evidence is evidence pertaining to the agreement that is not
included in a written con–tract. Courts generally do not allow this extra evidence, because the
written contract is considered to be the best description of the parties' intentions. According to
Article 2–202, the parol evidence rule does not apply in the ... Show more content on
Helpwriting.net ...
Brewster Heights Packing, the buyer entered a contract with the seller for the purchase of apple
packing machinery. The district court entered judg–ment in favor of the seller on its breach of
contract claim. On appeal, the court af–firmed. The buyer contended that both it and the seller
intended at the time of their con–tract to be bound by their written agreement and to prior oral
discussions. The buyer contended that the largest portion of its damages stemmed from the loss of
an orally bargained–for system. The court held that a clause in the parties' contract prohibited the
inclusion of any understandings or representations not expressly included in the con–tract. It
appeared that the buyer intended to use the parol evidence not to explain or to supplement the
contract, but rather to contradict the limitation of warranties contained in the contract. The court
concluded that the buyer's counterclaims of fraud and viola–tion of the Washington Consumer
Protection Act failed because they did not give rise to the independent tort of fraud and there was
insufficient evidence to demonstrate an ef–fect on other consumers or a real and substantial
potential for repetition of unfair con–duct. However, there is an exception to use parol evidence rule.
In Hull–Dobbs, Inc. v. Mallicoat, the court stated that: "The parol evidence rule does not apply
where the parol evidence in no way contradicts or alters the terms of the written contract but the
representation or statements are made as an inducement to the contract and form the basic and
consideration for

TB11e 10
Chapter 10
Contracts
TEST BANK
1. The ______________ evolved in commerce over the centuries.
a. law of contracts
b. law of commerce
c. law of trade
d. law of documents
e. law of freedom
ANSWER: a (page 262)
National: AACSB Analytic; Communication; AICPA BB–Legal
2. The ______________ evolved in commerce over the centuries.
a. law of invention
b. law of commerce
c. law of trade
d. law of documents
e. none of the other choices are correct
ANSWER: e (page 262)
3. The ________________ means that there are also responsibilities imposed on parties who
commit to binding relationships in contracts. a. freedom of speech b. freedom of contract c. freedom
of sales d. ... Show more content on Helpwriting.net ...
an unwritten code concerning contract law
e. a document detailing the rules for engaging in international commerce
ANSWER: c (page 263)

16. The Restatement (2d) of Contracts is:
a. Britain's legal code concerning contracts
b. an amendment to the Constitution
c. a document detailing the rules for engaging in international commerce
d. an unwritten code concerning contract law
National: AACSB Analytic; AICPA BB–Legal
17. The Uniform Commercial Code (UCC) was designed to:
a. prevent copyright violations
b. increase the number of inventions patented by U.S. inventors
c. promote uniformity of the laws relating to commercial sales of goods
d. promote inter–state trade
e. promote intra–state trade
ANSWER: c (page 263)
18. The Uniform Commercial Code (UCC) was designed to:
a. prevent copyright violations
b. increase the number of inventions patented by U.S. inventors
c. promote intra–state trade
d. promote inter–state trade
National: AACSB Analytic; AICPA BB–Legal
19. The code that was designed to promote uniformity of the laws relating to commercial sales of
goods is known as: a. the Uniform Commercial Code b. the Universal Commercial Code c. the
Commercial Code of the United States of America d. the Commercial Code e. the

Wendy And Stefan's Contractual Argument
In this case, there are many issues throughout the standard discovery between Wendy, Stefan, and
the agreed upon contracts. To begin, it should not go unnoticed that both Wendy and Stefan signed
the contract. When signed, both parties have equivocally accepted the terms in the contract, binding
them to their respective responsibilities. The contract explains the different sets of stunts that Wendy
would perform that creates Stefan's contractual obligation to pay her $5,000 a week salary. The
contract signed as it states for Wendy to "perform the leading lady's dangerous scenes as called for
in the movie script" can be seen as too broad and unclear about whether what contractual obligation
Wendy must uphold. Once signed, Wendy must uphold the ... Show more content on
Helpwriting.net ...
By demanding her to do something that is not only illegal, and not in the original script, the contract
Stefan agreed upon has deemed the terms to be illusory consideration. Since he thought Wendy did
not fulfill her side of the contract, he discharged her, at the same time terminating the contract, by
not upholding the level of her expected performance. At this point, this was a breach for Stefan,
since he called for performance in such uncertain terms within the agreement. As Wendy left, her
contractual obligations were released, but since Stefan was individual who breached the contract, he
must pay for any damages and for the appropriate amount of work she has already done. After a few
days, Stefan tried calling her back to the set, telling her she does not have to do the stunt in Montana
and offering her an additional $1,000 to her weekly pay. Wendy was not held under any obligation,
contractually or legally, to respond to Stefan's request, therefore her decision to ignore him was not
breaching the already nullified contract. Through his efforts in offering more money, Stefan is not
under the doctrine of mitigation of

The Basic Elements Of A Contract

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