Premium Essay

Intro to Business Law Cases

In:

Submitted By marinad01
Words 1851
Pages 8
David’s Case
In advising if a legally enforceable contract exists between Sam and David, I would first consider the requirements of forming a valid contract. Formation of a valid contract requires six pre-requisites all of which must exist in order for a valid contract to exist.

Intention to Create Legal Relations
From an objective perspective it can be seen that a reasonable person in Sam’s position would not have had the intention to create legal relations with David. Although this may have been undertaken as a business transaction during the initial contact, it was a social and private arrangement at the time the offer was made. It is also a legal presumption that agreements made in a social environment are not be legally binding[1]. The case of Dietrich v Dare (1980) 54 ALJR 388[2], further illustrates this presumption, where no intentions of a legally binding agreement could be determined.

Agreement- Offer and Acceptance
“An offer is an undertaking by the offeror made with the intention that it will bind the offeror as soon as it is accepted by the offeree”[3] It can be seen here that Sam had made the offer to David at the end of the phone conversation. The offer met the required rules as set out in Latimer[4] such as the offer being communicated directly to David as well as being made obvious that it was an offer and not an invitation to treat.

David had then accepted the offer the following week when he rang Sam to organise the internet connection. The acceptance of the offer met the rules of acceptance as set out in Latimer[5] including acceptance was made to an offer that is known to exist to both parties; acceptance was also unqualified as there were no further questions and furthermore the acceptance was of a legal nature. David accepted the offer via a telephone call which is a valid form of acceptance as Sam had not specified a

Similar Documents

Premium Essay

Cyber Crime

...1.1 (Intro.) CS-M74 Software Product Development (2003-4) 1.2 (Intro.) Roger D Stein BSc PhD MBCS CEng CITP R.D.Stein@swansea.ac.uk Room 302, Faraday Tower 1.3 (Intro.) CS-M74 Pre-requisites • CS-M01 Distributed Programming in Java 1.4 (Intro.) Assessment Report 10% Linux / C 10% Group Project 20% Project Specification 30% Written Examination (May/June) 30% Lectures approx. 20 in total ((plus tutorials)) TB1 Tues. 9.00 Far-L ? Andy Gimblett (3 Linux + 6 C) [with CS-244] Wed. 11.00 Glyn-A ? Roger Stein (start on 5 November) TB2 Lectures Linux /C 9 Introduction 1 Ethics 1 Legal Issues 1 Project Management 2 (Group Project 2) Software Engineering 4 1.4 (Intro.) Books B. Ayres, The Essence of Professional Issues in Computing, Prentice-Hall, 1999 S Baase, A Gift of Fire, 2nd ed., Prentice-Hall, 2003 B. Hughes and M. Cotterell, Software Project Management, 3rd ed., McGraw-Hill, 2002 R. Pressman, Software Engineering: A Practitioner’s Approach, 5th ed., McGraw-Hill, 2000 I. Summerville, Software Engineering, 6th ed., Addison-Wesley, 2001 1.5 (Intro.) Why Software Engineering? “Engineering … to define rudely but not inaptly, is the art of doing that well with one dollar, which any bungler can do with two after a fashion” - Arthur Mellen Wellington, The Economic Theory...

Words: 3498 - Pages: 14

Premium Essay

Infosys

...JORGE TENORIO LAVALLE Intro: Hello to everyone, the case study we are about to present is about INFOSYS which has been divided for this presentation in its (i) Background; (ii) Current Strategic Position; (iii) Future Strategic Moves and; (iv) Alternatives for the company´s future. *Before we continue, we want to show you this video….. FURTHERMORE, THIS IS A COMPANY WITH STRONG CORPORATE GOVERNANCE STANDARDS, FOCUSING ON ENSURE FAIRNESS FOR EVERY STAKEHOLDER; CUSTOMERS; INVESTORS; VENDOR-PARTNERS, THE COMMUNITY, AND THE GOVERNMENTS OF THE COUNTRIES IN WHICH THEY OPERATE. WE ARE TALKING ABOUT A COMPANY THAT FOCUSES ON SUSTAINABILITY AND SOCIAL RESPONSIBILITY AS ITS ADDED VALUES. FIRST, because they’re aware that the growth of a Company is linked to the well-being of the ecosystem, employees and business partners, local communities and the environment. SECOND, because they’re committed with Social Responsibility through their Infosys Labs, their Academic Entente, the Infosys Prize and more important the Infosys Foundation (To support the underprivileged sections of Indian society in the fields of Healthcare, Education, Culture, Destitute Care and Rural Development. And nowadays they have launched the Infosys Innovation Fund to invest in entrepreneurial ventures delivering innovation in domains relevant to the core business. i. Satisfying the spirit of the law and not just the letter of the law ii. Going beyond the law in upholding corporate governance...

Words: 306 - Pages: 2

Premium Essay

Mgt 216

...Intro Ethics are more important in today's society and business environment than ever before. To really understand this case, it is necessary to understand the times and societal norms of when it occurred. In short, did Ford design the Pinto's fuel system in an ethical way, and should they have redesigned it later? The reason that this case has gotten so much attention is that Ford did not update the fuel system in 1978, because the cost-benefit analysis favored leaving it unchanged. Ford Motor Company defended their decision to not make the production changes in the Pinto by saying that they had used a risk/benefit analysis. They said that they had used this analysis because the National Highway Traffic Safety Administration (NHTSA) required it from them (Leggett, 1999). Is a risk/benefit analysis really appropriate if the defect in question might lead to someone being seriously injured or killed by a company's faulty product? Conclusion Business changes with the times. In order for a person to decide whether or not Ford behaved ethically, they must consider the standards that corporations follow because of today's society. Business ethics used to be an unfamiliar idea to society, and it was not always practiced as it is today. Today's standards for companies require that profit and other common business concerns should be irrelevant if the question is whether or not to protect people from injury or death. Reference Leggett, C. (1999). Life as...

Words: 270 - Pages: 2

Free Essay

Documets

...Mariam Diab ID:10931041 Sec: C Date: 19-4-2014 Dr.Ali Dirani IMGT497 Entrepreneurship 1- Competitive intelligence is the action of defining, gathering, analyzing, and distributing intelligence about products, customers, competitors, and any aspect of the environment needed to support executives and managers making strategic decisions for an organization Competitive intelligence is an ethical and legal business practice, as opposed to industrial espionage, which is illegal Competitive intelligence essentially means understanding and learning what's happening in the world outside your business so you can be as competitive as possible. It means learning as much as possible as soon as possible about your industry in general, your competitors, or even your county's particular zoning rules. Ethics has been a long-held issue of discussion among CI practitioners. Essentially, the questions revolve around what is and is not allowable in terms of CI practitioners' activity. A number of very excellent scholarly treatments have been generated on this topic, most prominently addressed through Society of Competitive Intelligence Professionals publications. The book Competitive Intelligence Ethics: Navigating the Gray Zone provides nearly twenty separate views about ethics in CI, as well as another 10 codes used by various individuals or organizations. Combining that with the over two dozen scholarly articles or studies found within the various CI bibliographic entries, it is clear...

Words: 1074 - Pages: 5

Premium Essay

Adopting International Accounting Standards

...Case 5: Adopting International Accounting Standards Intro to International Business – 1. Both business enterprises and investors can benefit from the adoption of international accounting standards because they do not have to worry about losing money due to different exchange rates. In regards to business ventures, it will help in the long run with a systematic way to compare prices. Although the process is held up slightly for United States entrepreneurs, the process is still great. According to an article published by the NYTimes, “American companies must use rules established by the Financial Accounting Standards Board, a group chosen by the S.E.C., and foreign companies that do not use international standards must reconcile their statements with the American rules before their securities can trade in American markets.” 2. Overstating a country wealth is one of the potentially negative risk associated with investing in a foreign country. A country could be worth 20 billion dollars according to their standards however, when invested in, it is only worth 10million American dollars. Such as when you are an internal user at a firm, you can easily access all correct financial data that is made available to investors and executives. External parties have to rely on information given to them by the company which could be falsified in regards to their financial statements. 3. The United States would cause revisions to the IASB accounting standards because they have general accepted...

Words: 353 - Pages: 2

Free Essay

For Me

...Angie Pineda Intro to Law Case Brief World-Wide Volkswagen Corp. v. Woodson, 444 US 286 - Supreme Fact: Harry and Kay Robinson purchased an Audi automobile from Seaway Volkswagen, Inc in New York, which at the time Mr. and Mrs. Robinson where currently residents. As they were traveling to Arizona to relocate, they were rear-ended by another vehicle. When the accident occurred the Robinsons realized that the Audi had a defect, which caused the doors to jam with the impact and the fuel tank position of the fuel tank caused a fire at the time of the accident. The Robinsons claimed that the major injuries sustained were caused by the malfunction and lack of safety from the vehicle. Issue (Legal & Court): Whether Oklahoma had in personam jurisdiction, even though the automobile retailer and its wholesale distributor did not have a residency connection with the state. The Court has to determine if the Due Process Clause is violated because of lack in meeting the “minimum contact” requirement. Holding: The U.S. Supreme Court reversed the ruling for Oklahoma to have jurisdiction, because the forum state did not have enough residency or a minimum contact with the defendant to meet the requirements to be considered a objective trial. Rationale section: (Why) The 14th Amendment limits a state’s power to judge a non-resident defendant without proper personal jurisdiction. This amendment provides protection against inconvenient litigation for the defendant located outside the...

Words: 621 - Pages: 3

Premium Essay

Intro Into Business Week 3

...Intro to Business Week 3 The United States has several laws that are intended to further fair, balanced, and competitive business practices. Do you think that such laws are effective? If so, why? If not, why not?  So the question asks if the several laws that the United States has to further fair, balanced, and competitive business practices are effective. My opinion not so much. There are many big companies out there that have stepped out of line and because they have good lawyers they are able to break those laws without getting penalized. However there are those occasions that those laws actually help out. One example is the Antitrust Law.  Also referred to as "Competition Laws" - are statutes developed by the U.S. Government to protect consumers from predatory business practices by ensuring that fair competition exists in an open-market economy. One particular company that plays with these laws is Walmart. Walmart has many stores throughout the country and for many people it is the only store that has what they need. It is the one stop shop for many people in the Midwest. They have taken over towns and cities promising to not harm small shops and to give back to the people and it communities. Walmart is using the antitrust law in in Europe so that they can be in Europe and be that Monopoly. So with that being said Walmart is very familiar with such law. Another example of this company playing with this law is with Coka-Cola. Coka-Cola had a product they were going to...

Words: 929 - Pages: 4

Free Essay

Phar-Mor

...file and include the following: * This Exam with answers (including Evidence FORM) * Excel spreadsheet related to Q7 Q#1 Multiple Choice: (3 points) 1. A supervisor having to decide when to reorder supplies or how best to allocate personnel for the completion of the project is an example of a _________ decision. a. structured b. unstructured c. semi-structured d. none of the above 2. Each team has only one home stadium and each stadium can have many home teams. This is an example of what kind of relationship between TEAM and STADIUM? a. 1:1 b. 1:m c. m:n d. m:1 3 Amazing electronic ( a fictious company), an electronic retailer, recently declared bankruptcy and went out of business. This would, typically, A) increase Buyer’s power B) increase Supplier’s power C) make it easy for others to enter the electronic market D) None of the above Q2. Wendy’s International, a...

Words: 2938 - Pages: 12

Free Essay

Case Study Analysis Property Issues

...Case Study Analysis Property Issues Learning Team A Law/531 8/25/2014 Craige Harrison IRAC Issue: The issue brought before the Texas Court of Appeals is that the Tarhan’s bought property form the Mettlen’s and the Mettlens claimed that they retained the mineral intrests in the property. The Trahans believe that the interests were, or should have been, part of the transaction. The Trahans filed lawsuit in December of 2010 for the mineral intests more than 4 years later. The Mettlens filed a motion for summary judgment claiming that the lawsuit was time-barred by the applicable four year statute of limitation. The court found that the satute of limitations barred the Trahans lawsuit and judgment to the Mettlens. So the question is: is the four year limitation period applicable to the Trahans cause of action was tolled or otherwise rendered inapplicable by the facts and circumstances of the case and for how long. Rule: Discovery Rule for Fraudulent Concealment Analysis: The contract states that just after the description of the property the mineral, oil and gas and liquid that may be produced are products of the grantors. That there was no evidence of the Merrlens attempting to hinder the Trahans from reading the deed or that they attempted to hinder the Trahans Conclusion: It was found that the warranty deed conveying title to the Trahans contains a clear and unambiguous reservation of mineral rights. The discovery rule for fraudulent concealment tolls the running...

Words: 709 - Pages: 3

Premium Essay

B Law Essay 3

...THE UNIVERSITY OF ILLINOIS AT CHICAGO College of Business Administration DEPARTMENT OF ACCOUNTING Accounting 355: Business Law I Spring 2013 Academic Year 3 credit hours Prerequisite: Advanced standing; Accounting 210 and 211. Class meets from: Mon/Wed/Fri: 9:00am-9:50am, 10:00am-10:50am: and 11:00am-11:50 am. Instructor: Helen M. Roe Office: 2315 University Hall, Telephone 312.413.2854, email: helenroe@uic.edu Office Hours: 2:00 pm to 3:00 pm, Tues/Thurs and by appointment Course Description and Objectives: Topical coverage: commercial transactions, including contracts, sales of goods, negotiable instruments and secured transactions. At the end of this course, students will be able to recognize legal issues involving contract law and the Uniform Commercial Code. Textbook Required: BUSINESS LAW by Smith & Roberson, Customized Edition, available at the UIC Bookstore. Lectures are an integral part of the course. Students are held responsible for the contents of the lectures as well as assigned readings in the textbook. Class assignments indicate the topic and chapter to be read prior to each class session. Course Requirements and Grading: Course grade will be based solely on the student's performance on tests. The tests are non-cumulative. The taking of examinations is a course requirement. Missing an examination without the prior approval of the instructor will result in either a failing grade or an incomplete grade for that examination...

Words: 1095 - Pages: 5

Free Essay

Ethics and Compliance Bullet 1

...compliance in your organization’s financial environment. JIMMY w INTRO No matter what your age when you pass through the turnstiles entering the “Magic Kingdom” in Orlando, California, or any of the other now international theme parks people become entranced and reborn from the magic and spectacle that has been a trademark of Disney for many years and generations. Reality is that customers seeking audience with “Mickey Mouse” have no interest in the financial aspects that make Disney a major company and probably never review the company’s financials or examine their ethics and compliance functions. Team C in this paper will examine, asses, and conclude in its review of Disney and how they utilize ethics and compliance in their daily operations. “Large corporations are managed by a team separate from the firm’s owners. Though management is expected to make ethical decisions that reflect the best interest of the firms owners, this is not always the case. Indeed managers often face situations where their own personal interests differ from the interest of the shareholders. Some of these situations can be viewed as a straightforward test of the financial manager’s ethics.” (Titman, Keown, Martin 2011) In all businesses whether they be large companies as we are examining here are of course all different in structure as well as corporate beliefs. In the case of Disney as in any large company it is invaluable to...

Words: 494 - Pages: 2

Premium Essay

Did Jim and Laura Buy a Car

...November 10, 2015 Contracts: A contract is an agreement that creates obligations that are enforceable by the law. A contract can either be written or spoken. There are elements to a contract that make it valid and binding. This is defined as a clear manifestation of willingness to enter an agreement made by another person with full understanding that their assent to the bargain is an invitation and is concluded. As to whether there was an offer in this case, yes there is an offer. When the salesman offered the buyers time for a test drive and they finally chose and agreed to buy the blue car it was a clear offer. Acceptance. This basically means that the terms of the offer have been clearly understood and agreed to through consent and assent and at no time will the terms be changed. When the buyers agreed to the terms of sales and even agreed to pay a deposit, it clearly shows that they have accepted the seller’s offer. Legal purpose. It means that the reason for the contract must be legal. In this case, the sale and purchase of a car from a licensed dealer is legal and done under the regulations specified by law. Mutuality of obligation. This refers to the parties’ mutual understanding and also assents in expressing their agreement. They must both agree to the same sense, same thing ant also the same time. When the two buyers approached a dealer seeking to purchase a car, there was both an offer and acceptance. There was clear communication between the terms of the buyer...

Words: 852 - Pages: 4

Free Essay

History

...AMERICAN JUDICIARY I.  Intro --Court organization CAN become the focus of political battles.    --e.g.  There are 12 circuit courts (federal courts of appeals).  The 9th circuit is the largest as it includes 9 states and two territories. It stretches from Alaska to Arizona and from Montana to Hawaii and then to Guam. -- 28 full time judges and several more retired judges who help out part time. --Hears over 5000 cases a year. -In 1990 the U.S. Senate considered a bill to split the 9th circuit into 2 circuits. California, Arizona and Nevada would make up one circuit while the other states and territories would make up a second circuit. -to some this division made sense since the circuit was considered too large to handle business efficiently. However, this seemingly routine matter of administration met intense opposition. --The bill was sponsored by Senators from the northwestern states and was opposed by senators from California. Interest groups were also involved:  The Sierra Club and other environmental groups argued fiercely against the proposal. --Why would the division of a judicial circuit into two parts stir up such political controversy?  -->The 9th Circuit had a majority of judges from California which gave broad interpretations to environmental protection laws. --People from the Northwest saw these decisions as damaging to their timber industries. --So splitting the circuit would prevent California judges from ruling on environmental cases in the Northwest,...

Words: 4186 - Pages: 17

Premium Essay

Business Law

...Singapore Management University AY 2013-14 Term 2 Final Examination Date / Start Time | 21 Apr 2014 / 8.30am | Course | LGST 101 – Business Law | Group | G7 | Instructor | Assoc Prof Low Kee Yang | INSTRUCTIONS TO CANDIDATES 1 The time allocated for this examination paper is 2 hours, of which the first 15 minutes is reading time. Do not write on the answer booklet during reading time. 2 This examination paper has 1 question and comprises 2 pages, including this instruction sheet. All the best. : ) In November 2013, Cindy, a relatively unknown actress in the Singapore film scene, signed a contract to act in a movie produced by Daniel. Filming began in December 2013 and by mid-February 2014, more than $200,000 had been incurred on expenses, including costumes, marketing and shooting. On 15 February 2014, Cindy was ecstatic when she learnt that she has an Oscar nomination for best supporting actress in the category of foreign films for her role in a recent Singapore movie. She then decided that Daniel’s movie might negatively impact her future Hollywood career (as she was cast in Daniel’s movie as a stereotype) and informed Daniel that she would not be acting in his movie anymore. Daniel replied angrily that she will hear from his lawyers. On 22 February, Cindy contracted with Andy to play a lead role in his upcoming movie “The Noble Dragon”, which was scheduled to be released in September this year...

Words: 1072 - Pages: 5

Premium Essay

Aiu Fin630 Discussion Boards

...European Economic Community, or EEC, was created in 1958 which brought economic cooperation and a single market. The economic union developed into an organization spanning policy areas. The EEC changed names in 1993 to the EU. The EU bases its rules on a law that states everything it does has to be founded through treaties, voluntarily and democratically agreed by all member countries (How the EU works, 2013). By seeking to acquire a company in the EU, one would benefit from this union because it allows everyone within these countries to work and move freely within the countries and use a single form of currency, the euro, which saves the company from transactions costs. It will allow the company to expand its market. The advantages of expanding into the EU are the single form of currency, saving transaction fees, and the expansion of the company's market. The disadvantages of expanding into the EU are the different cultures, customs, and languages of each country will vary, causing some people to become unaware when they are conducting business what is being said, what should be done, and how to conduct themselves. The best way to overcome this is to hire local translators in each country who can help conduct the business meetings with the locals and teach the company about the culture, customs, and languages. A multinational corporation, or MNC, would invest funds into a financial market outside its own country for a number of reasons. One reason is that there may be an...

Words: 1782 - Pages: 8