...public. Similarly the other 2 police officers were not entitled because it was their duty to apprehend the criminals. Reppert on the other hand, was a sheriff’s deputy in Rock Castle County and the arrest took place in Pulaski County. Therefore he was not in the jurisdiction and under no duty or obligation to the public. Rule: “When a reward is offered to the general public for the performance of some specified act, such reward may be claimed by any person who performs such act, is the exception of agents, employees, and public officials within the scope of their employment or official duties.” 17-4 Northern Corp. v. Chugach Electrical Association Facts: Northern entered into a contract with Chugach to repair and upgrade the upstream face of Cooper Lake Dam in August 1966. To contract required Northern to pick up rock from a quarry at the opposite end of the lake, and then transport the rock across the frozen lake to the dam during the winter months. Northern cleared the road but water rose to a depth deemed...
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...Even if Socrates fully agreed with the governing of Athens, unless the Athenian government clearly stated they can prosecute citizens for crimes they did not do, then Socrates cannot be assumed to agree with it. The argument of the laws of Athens is only valid if Socrates was completely guilty of the crime he is accused of committing, otherwise he did not agree to being unrightfully arrested and executed. Because the Laws state that Socrates should not escape since he would be breaking the agreements made between himself and the state, it would need to be considered if the state itself broke the agreements by wrongly prosecuting Socrates. If Athens, like many modern countries, had prisons and other punishments only to act as consequences of those who commit crimes, then by imprisoning Socrates the state of Athens broke its agreements with Socrates. The only possible situation in which the agreement would not be broken and Socrates would be rightfully executed is if the Laws of Athens stated that the government had the right to inflict punishment onto any citizen that the government accuses of being guilty. If this was the case, then the government would be allowed to select any of its citizens it believes to have committed a...
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...discussing a scenario between Chou and BTT and the contract they supposed to have signed or did not sign or have a contract. 1. At what point, if ever, did the parties have a contract? I do not think they had a contract in place before the new management took over. The terms of the agreement stated that in order for the contract to be valid, it had to be in writing. 2. What facts may weigh in favor of or against Chou in terms of the parties’ objective intent to contract? I think BTT will have to pay Chou the $25,000 back or honor the contract, but they had 90 days to complete the contract and negotiations broke down. 3. Does the fact that the parties were communicating by e-mail have any impact on your analysis in Question 1 and 2 (above)? I do not think the e-mail exchange makes a difference. I think this is an open and shut case. Either they should complete the contract or refund the money that was received. 4. What role does the statute of frauds play in the contract? The Statute of frauds plays into this because the contract was not in writing before the 90 day period. 5. Could BTT avoid this contract under the doctrine of mistake? Explain. Would either party have any other defenses that would allow the contract to be voided? I think BTT can avoid this contract because it was not signed. Yes there were a change in management, but at the end of the day the contract was not signed. I do not think either party...
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...express term of the contract between OZCO and AES, because AES has read this clause, agreed and signed the written contract. This means AES agreed to be bound by this clause. Secondly, this term is a condition because the term goes to the essence or heart of the contract. Furthermore, this term can also pass the test of essentiality as the innocent party would not have entered into the contract unless assured of a strict and literal performance of the promise. From the fact, it was appeared that OZCO would not sign the contract unless AES promises that the lights will flash and siren to be activated at the warehouse and will also cause a warning message to be sent to AES’s central monitoring facility if the electricity supply or telephone lines be interrupted for any reason. Another few reasons also support the view of recognizing the clause 7A as a condition. In the contract, the way clause 7A expressed is similar as a promise. Moreover, the likely consequences of breaching this term is to be stolen again which will not fit the purpose of installing the electronic surveillance and the innocent party will be deprived from the benefit of signing the contract which is protecting of stolen. Furthermore, the term is so importance that the contract would not be signed without this term. Finally, it is not enough to be given damage only because the warehouse has been stolen in a short time, it implied that the warehouse will be stolen several times if the contract will not be discharge...
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...Grocery, Inc. Case Scenarios Learning Team Law/421 Contemporary Business Law University of Phoenix November 2014 Grocery, Inc. Uniform Commercial Code UCC Merchant and Individual The UCC does not provide for merchant and individual contract agreements. Contracts UCC and the Buyer The UCC provides protection for the buyer. Promote commercial efficiency by providing standardized procedures. Week_5 Learning Team "C" Case Scenario Grocery, Inc. 11/16/2014 2 Grocery, Inc. (Renovations) • • • • Hiring other companies to perform work Performance guarantee and expectations Delegation of duties Final outcome between Company A versus Company B in the Renovations dispute. Week_5 Learning Team "C" Case Scenario Grocery, Inc. 11/16/2014 3 Grocery, Inc. (Jeff) Jeff was 17 when he bought car Paid down payment and $200 for six months Lost job and went to dealer to cancel contract Week_5 Learning Team "C" Case Scenario Grocery, Inc. 11/16/2014 4 Grocery, Inc. (Jeff) • Dealership cannot enforce contract • Jeff can avoid contract • Dealership gets car • Jeff may owe more money • Jeff may recover some money Jeff is still 17 • Contract is enforceable • Dealership Jeff is keeps money now 18 • Jeff keeps car unless repossessed Week_5 Learning Team "C" Case Scenario Grocery, Inc. 11/16/2014 5 Grocery, Inc. (Cereal, Inc.) • Gap Filling Provisions of UCC Article 2 • Risk of loss stays with seller until delivery...
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...said “this offer to be left over until Friday 9:00 a.m.” There is a clear illustration that there was an open offer and a certain time frame for the offer to be accepted is clearly stated. The case is very important because it truly demonstrates the nature of an offer and the effectiveness of accepting an offer. R. Alpert had the freedom to withdraw at anytime before it was accepted. The Dickinson v. Dodds case also had a similar scenario where Dickinson indirectly found out about the sale of the property through his agent, and in the scenario with R. Alpert, J.Burke had found out indirectly about the sale that same day. Had J. Burke not found out about the sale, his acceptance would have been valid and R. Alpert would have been bound in contract to sell the fleet of Rolls Royce automobiles to two different purchasers. What could Ms. Burke have done to better protect her position? In...
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...June 23, 2014 Critical Analysis Paper There was a friend of mine that was in a rental agreement on an apartment that he lived in. He signed the contract knowing the five element of the contract. He had the intention to create a legal relationship, he understood the offer, he gave an acceptance, he knew the consideration, and they both met the capacity of the contract. Knowing that he had signed a rental agreement to live in the space provided, but where he was working at closed down and he was in a city that he did not know. The only reason he was up there was for that job, so he went back to his home town leaving the apartment. He knew that he broke the contract by leaving without notice and not paying rent when he was not living there. His intentions were to live there while he was working on managing a store for a friend that had recently started a company. By him going to the rental office of the apartment complex he knew that he had the intention of drawing up a contract with the managing group of the complex. He knew that if he were to break the contract that he would have to pay for the months that the apartment was not rented out to another tenant, along with fees fixing up the apartment to get ready to rent out again. “A contract is a legally enforceable agreement. As this definition implies, a contract comes into existence from the voluntary assent of two or more individuals to enter into a legally binding agreement.” (Rogers, 2012). So the offer is...
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...Running head: CONTRACT Contract Jessica Allen BUS311: Business Law Instructor Gary Gentry August 31st, 2014 Title of Paper In this paper I will describe an example of a contract I or someone I know entered into. This could be for example, rental agreement, cell phone agreement, property purchase or lease car, home, furniture, etc.; home or car repair, student loan agreement. In my description, I will be sure to provide specific contractual details including parties and subject matter involved. I will next address the five essential elements of an enforceable contract, and give an example of each element from the selected contract. Finally I will explain whether or not the contract was fulfilled. If not, discuss at least one available breach remedy. A contract that entered was one with my Verizon cell phone company. When I first grew up cell phones were sort of not a main attraction. Then when I was about sixteen years old they started to become more popular. I decided that I also needed a cell phone as well. I went to the Verizon store and was over excited that I could get a cell phone that I did not even noticed all of the paper work that I was singing. I was so engaged by the cool flip phone that caught my eye. I could not believe that I could have a phone on me that would be portable and I could make calls while in my car and outside of my home. I went home and was still in this amazement. I started to make phone calls and did...
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...to follow its style and design. For example, the iPhone have led the chief of cellphone industry; the iPad is leading the android tablet and windows tablets to follow its shape and design. That is only the positive side of him. What about his negative side about the ethics of a successful businessman and inventor can be barely seen? Not everyone is perfect. Steve Jobs was one of the kind. The categorical imperative is the best term that depicts Steve Jobs’ behavior because he broke the contract with the shipper. As the categorical imperative telling us, we should not adopt a principle if we cannot make a promise to others. When Steve Jobs returned to Apple as a CEO, he complained that their shipping company did not do their work fast enough and did not even ship Apple’s spare parts on time (AUSTEN). However, the shipping company said they could not do better anymore and they didn’t want to do. Because the shipper has signed a contract with Apple, Apple would involve lawsuit if they break the contract with the shipper. Without any consideration, Jobs did not want to play game with the shipper any more, then fired the shipper. Then of course the shipper did sue Apple. Consequently, Apple had to spend a lot of money on the lawsuit. That was the way Steve Jobs did his business. The categorical imperative mentions that “one should not adopt principles of action unless they can, within out inconsistency, be adopted by everyone” (Steiner 241). In that case, the shipper was fired because...
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...1.1 / 2.1 1. Offer : each contract should have an offer that is the readiness of party A to do an activity with party B. An offer can be done orally or written However, an offer should not be disordered with an invite to treat which is just an invitation to a customer to make an offer which can be recognized or rejected. 2. Acceptance: It is mean that the party B agree to all of the terms of the offer with no condition due to the fact that in case it only takes some of terms it is not mean that party B accepted the offer but have another offer to the party B. with no acceptance there would not be a valid contract and it should not be enforceable by law. Acceptance can be communicated orally or in written. 3. Consideration: All of the parties of contract should have value to the themselves as a sign of their contractual agreement. Consideration lets the contract enforceable by law 4. Intention: In contract intention says that the both of the parties of a contract should be intentional to have a valid and legal contract which can be terminated by court if not finished all of its obligations. If a contract is to be enforceable by law it’s a must that there is an intention to the contract. 5. Capacity : Capacity in contract is the element that says that it is a must for the two parties to be capable when making the contract. Both of them should be eighteen and be aware of what they are doing. Both should have the financial statement needs and to be sane...
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...top upwards”. Looking at this situation from a lawyer’s perspective the consumer is protected, under the 1979 Soga Act, or in other words the Sale Of Goods act that establishes the rights and duties of the seller and buyer and their remedies in the event of a breach. The Act is defined as “a contract by which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price”. It is also important to take into consideration that land and money are not included in the definition of goods. Even in the case that no physical contract for the sale of goods has been written, this Act automatically includes a number of conditions and warranties that in law are called ‘implied terms’. There are four main implied conditions, or major terms which are vital to the main purpose of the contract: -Title (s 12) involving the seller and its right to sell the goods or to pass a property; -Description (s 13) that ensures that the goods sold correspond with the description in both case where the buyer had seen them or not; -Quality and suitability (s 14) which includes two fundamental implied terms into every single sale of goods contract. First it states that the goods are of merchantable quality, or more accurately that they are fit for the...
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...act and Hedley Byrne. Innocent misrepresentation is where the party making the statement honestly believes it to be true. For a misrepresentation to have been made it must contain 6 elements: 1. Statement of material fact as in Bisset v Wilkinson where an estimation was given and as was just a mere opinion did not count as a misrepresentation. 2. Cannot be made by a 3rd party as in the case of Peyman. 3. Must not have been made after the contract was formed as in the case of Roscorla v Thomas where the promise was not made before the contract was agreed to. 4. Must have induced the contract unlike in the case of JEB fasteners in which the accounts would not have induced the contract as they were not fundamental. 5. The statement must have been false 6. The statement must not have intended to be legally binding as in couchman v hill in which the cow’s pregnancy did not lead to misrepresentation. However there are other elements that will determine if a misrepresentation was made or not. In fiduciary contracts the party’s must disclose all the facts and not just half-truths. If specialist knowledge is relied upon then failing to give all the facts will lead to a misrepresentation as in the case of Esso v Marden. If any of these take place then misrepresentation will have occurred. If a misrepresentation has occurred then it must be decided which one it has occurred under. All of...
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...Consideration is a means of a legit contract. In Introduction to Business Law, Beatty and Samuelson explain that a contract must benefit both parties, either by promise made to give something of value or by a bargain to both parties being made. This specific case, based on the rules of consideration, does reflect an adequate contract made by both Kim and Son. Between both Kim and Son, there was an agreement made on sides that are beneficial to all parties, a statement (no promise said), and the terms of each side of the deal and there are benefits/bargains to both parties a result of the lawsuit. Both Kim and Son have agreed to a part of the contract. Son offered to pay back what was lost to the best of his ability and Kim in return, said he would not sue. In this particular case though, it has been concluded that neither Kim nor Son fulfilled their end of the contract. Because of this it would mean that the contract was non-existent. Kim promised not to sue and he has, just as Son stated he would repay to the best of his ability, and he ended up not paying anything. One thing to consider is maybe it wasn’t Son’s ability to pay, resulting in why he couldn’t fulfill his end of the contract. Does this mean he broke the contract, if he did state the repayment would be based off his ability? To determine where this case would go to court, it is best to understand what each source of law there is. Common Law and Uniform Commercial Code are two sources of contract law available to Kim and...
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...information of a valid contract in the motor industry…………………………………………………………………………….3 1.2 Discuss the impact of different types of contract by providing explanations on comparison with local, export and distance buying modes………………………………………………..7 1.3 Analyze terms in contracts with reference to their meaning and effect in the motor industry………………………………………………………………………………………10 2.1 Apply the elements of contract in both cases business scenarios………………………..12 2.2 & 2.3 Analyze the law of terms in the above two different contract. Evaluate the effect of different terms in the two contracts………………………………………………………….14 Conclusion…………………………………………………………………………………....19 Reference……………………………………………………………………………………..20 Introduction: - The law plays an important role in protecting the fair of the relationship between people vs people as well as transactions in the contract. It contributes to keeping a peaceful country to reach modern and civilization life. In the business environment, the law has always played an important role because the business types are diversity and complex. To business’s activity of enterprises, which obey the law and avoid legal risks in business for sure, you need to be legal advice. In this report, I will act as one consultant in supportingWorld Auto Co in Vietnam, which is one of the famous company in producing motor between Vietnam and Europe markets avoid. 1.1 Explain the importance of the elements required for the information of a valid contract in the motor industry ...
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...Evaluating the benefits, costs, and risk associated with negotiating Juwan Howard’s free agent contract, Juwan Howard had many request to be comfortable with whatever organization that he chose to work for. Juwan Howard, due to his last two seasons with the Wizards, believed he had become a valuable NBA commodity, averaging 19.8 points, 8.3 rebounds, and 3.6 assists per game over the two seasons (Barry, Lewicki, & Saunders, 2007). With the stats recorded, Juwan Howard wanted his compensation to match his achievements and the ability to follow his dreams. Juwan Howard’s request, though demanding and deserving, were lavish in comparison to other contract at the time. He wanted a long term contract of $100 million over 7 years, luxury suites on away games, limo services paid for, extra tickets for games, and the possibility to purchase a new Ferrari and his dream home. Juwan Howard did not want to go to another team because of his love of the state of Washington, his loyalties to his coaches and fans and desire to stay where he started his career. Above all else though, he wanted to go where the money is. The General Manager for the Washington Wizards is Mr. Unseld. Mr. Unseld really wanted to keep Juwan Howard happy, keep him in the city that loved him, and to be able to provide a supporting cast of players to compliment Juwan Howard’s abilities. In doing so, he knew that with the salary cap, he could not accomplish paying Juwan Howard the amount of money he is requesting...
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