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Contract Law Case Study Help

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Contract Law Case Study Help

Contract Law Case Study Help | About Contract Law

 

The contract law is one of the main branches of legal study. Students studying in law need to know various aspects related to contract law in which they need to prepare an assignment case study.

 

 

Before beginning this mission to prepare your contract law case study, learn the most important concepts of contract law here.

 

What is Contract Law?

A contract refers to the voluntary agreement between two or more parties, and the contract law refers to the whole body of laws governing it. Each written and even oral agreement involves exchanging of goods, services, money and assets. The body of law governs the agreement and includes the responsibilities of parties, borders, secrecy, obligation and jurisdiction and its obligations. Termination (Businessdictionary.com, 2016). This includes possible treatment and legal action in case of any breach of contract by the party. Although primarily used for commercial purposes, it also has importance for civilian purposes.

It is necessary for students who follow the law to prepare a contract law case study assignment to demonstrate their knowledge in this discipline. However, most of them do not hold strong knowledge and hold on this subject and feel helpless when they are assigned contract law case studies.

Elements of Contract

Before learning the contract law, students should have a clear idea about the various elements of the contract, which will help them understand the subject better.

Offer and Acceptance

Proposals and approvals are the most important elements for any successful contract. This offer is a statement of the guilty wish to provide contracts on specific conditions, while referring to uncertainty with the intention of accepting the acceptance contract (Law Handbook.org.au, 2016).

Intention to create legal relations

The parties of the agreement will have to enter the legal agreement to make the contract effective. This creates a legal relationship between the parties because the agreement is implemented by law. It is also important to understand the legal effects and consequences of the offender and the criminal who will follow (e-lawresources.co.uk, 2016).

Consideration

To make the contract binding, it should be supported by a valuable consideration. The idea refers to the value given by a second party or the value given on the return. Thoughts can be money, some kind of service or authority. The court or any legal institution will not question the adequacy until the idea exists (Study.com, 2016).

One of the parties in the agreement thinks that he has made a bad deal, then the court will not interfere in any matter of dispute. Conclusive consideration depends on the personal value and ability of the parties. But interference in the court may be that if one of the parties accuses the former of influencing or forcing the deal in this deal.

Contract Law Sample - Business and Contract Law

To answer this question, there is a need to discuss the rules of Indoor Management. When a company's employees or authorities enter into an agreement with any outsider on behalf of the company, it is believed that the company is fully entering the contract. A notable case in this regard is Bank of New Zealand v. Fiberi Pvt. Ltd. the outsider.

  • Legal Capacity

Parties or people who want to enter into legal contracts should have legal capacity within the purview of the law. Those who are mentally handicapped, minor, insolvent, prisoner and other people mentioned can not enter into contract (Law Handbook.org.au, 2016).

  • Consent

All parties expressed their desire to enter into the contract, with a proper understanding of the contract details, it should be entered independently. They should not take their decision from external influences, threats, threats or false hopes and misconceptions (Contracts.uslegal.com, 2016).

All parties expressed their desire to enter into the contract, with a proper understanding of the contract details, it should be entered freely. They should not take their decision with external influences, threats, threats or false expectations and misconceptions (Contracts.uslegal.com, 2016).

Contract law : All Your Queries Answered

Always a contract law case study sample is not able to answer and adequately answer all questions. Under the law, students with great discipline have many questions in mind. The most important aspects of contract law have been discussed in detail.

Breach of Contract

The violation of the contract refers to the legal action done by any party when the other party does not respect the binding agreement or any section thereof. If a person breaks contractual promise and does not duties within a compromise Expected according to the contract, it can be referred to as a breach of contract (Small Business.findlaw.com, 2016). According to the severity of the violation and gravity, it can be classified:

  • Minor Breaches

  • Material Breaches

  • Fundamental Breaches

While minor breaches refer to the slight violations, fundamental breaches are drastic violations ensuing legal action.

Consequences of contract breach

First of all, both sides can try to get involved in the solution through informal meetings upon dispute. But when they fail, the non-infringing party may take legal remedies. This is done through formal lawsuits and established court system of the respective country.

The parties may also agree to rent an unanimous arbitrator who will review the contract dispute and will violate and provide a solution. But when the mediator can not provide universally acceptable measures, then it goes to court of law.

In case of breach of contract, it is necessary to have an enforceable agreement between the parties of the contract to claim damages. The reasons for the violation of the contract by the parties are:

Contract Law Sample - Contract & Agency Law

(A) "The law affects a business from that time until it starts." Discuss the above statement in the context of three (3) major works of professional business effects of business laws in Singapore. In your analysis, you should provide specific examples.

 

Damages

The infringer needs to compensate the other party for the damage caused to the breach of the contract. According to the extent of the loss due to the responsible party, the amount of compensation is decided.

Specific Performance

When the loss can not be recovered through loss, the court may ask the infringer for a specific demonstration. Specific performance can be defined as any activity guided by the court that the violation team should perform. But this is done when it is not enough to damage the compensation. Generally, the law court controls a specific measure as a measurement. When the product or service Promised in the agreement is unique. Because the real estate industry is known as unique where there can not be duplicate property with the same facility. But the court will also apply this specific performance on the violation when the agreement is appropriate and will be appropriate without any unfair advantage for any party.

Cancellation and Restitution

The non-infringing party can obtain authorization from the court of law, can cancel the contract and prosecute for redistribution when the infringer is compelled to bring the situation back before the contract is ready.

These are the main consequences of contract breach (contract and Agreements.co.uk, 2015). The violation contract is a serious offense and is a common cause of the case.

Silence as Acceptance

Normally, not giving up or responding to the proposal is not considered a sign of acceptance. However, in some cases or circumstances, silence can be considered as acceptance. Then the question arises, when the silence of the party can be considered as a sign of acceptance? Suppose that the person X sends a packet of food to the other person and also indicates that he expects pay it off. If the person eats food without consent, then this activity can be treated as acceptance. There are specific requirements that can be considered as adequate (Legalmatch.com, 2016) Approval:

  • One party has proposed while others have not rejected the proposal.

  • The offender provides a special service to the offender

  • The culprit provides service on his free will without affecting any other person

  • The culprit informs that ex-candidates expect payment and expectations

  • All of the above are full knowledge of the above events

  • The shelter should use or accept service in any form which can be interpreted as acceptance under the law court.

This rule can cover other formal services of services other than sales of goods. But unsolicited stuff sent to people without formal consent can not come into this category. It will be considered as a gift.

 

Contract law : The basics

This rule can cover the formal services of services other than sales of goods. But unsolicited stuff sent to people without formal consent can not come into this category. It will be considered as a gift.

The term contract refers to the agreement in writing, which contains the following elements. It should be verified under the law court.

  • Introduction clauses (provisions)

  • Defining the parties and key terms

  • Statements) of purpose

  • Obligations of each party

  • Assurances and warranties

  • Attachments

  • Signature block

The contract can also be viewed as a process that can be divided into three different phases (Nolo.com, 2016).

Think of possible deals by checking both sides (and maybe) and risk associated with it.

Phase 1: Evaluate the deal

Think of possible deals by checking both sides (and maybe) and risk associated with it.

Step 2: Reaching the Agreement

At this stage, parties negotiate and agree on the final deal with the agreement. Then, according to the agreement, the written contract has been finalized, which will act as documentary evidence.

 

Phase 3: Implementation and performance

After the agreement signed by all, the agreement becomes applicable. All parties must be compulsory towards their agreement and perform accordingly. If any party fails to do its work, the other party can pull them into legal suits.

Contract Law Sample - IRAC method

Barry decided to rent some stairs and frames from the local equipment recruitment business so that he could paint the outer part of his house. When he collects the hired goods, he is asked to sign the recruitment agreement. Barry asked the employee of the recruitment company to sign an agreement, for which the employee replies, "This is for insurance purposes only" .

Contracts and the Law

The original contract is created when two separate parties enter into an agreement and are obliged to fulfill their duties responsibly. With the word party, it can refer to any organization, person or corporation that enters into an agreement. The agreement is legally enforceable. The main laws governing contract law are:

Common Law: General Law refers to the set of laws developed by judges, courts and legal tribunals, which provide respect and importance to each individual case. It's based on Continuous theory where the same case deals with the same set of laws (legal- thefreedictionary.com, 2016). The most important aspects of the contract law fall under the common law category.

Similar commercial codes: When the contracts are prepared for goods or for sale, common law does not apply, but it is governed by a similar commercial code. It refers to the set of guidelines that will control all these commercial transactions (the same commercial code .uslegal.com, 2016).

According to the nature of contract made between the parties, it can be classified into four categories.

  • Bilateral Contract:The most common form of contract associated with two sides where they mutually follow certain promises of each other.

  • One-way contract: One-way contract refers to those legal agreements where the only party promotes any display or any other service while others only accept the offer.

  • Express contract:A clear contract refers to those mutually-stated agreements where conditions and promises are clearly said to each other without any documentary evidence.

  • Contracts under seal: This refers to the traditional contract, which has an authorized seal. In some countries or body of law, a contract is valid and enforceable when it bows the seal from a law court.

Implied Contract

The applicable contract refers to the set of contracts where the parties agree with the obligations and show their intention to enter into a valid contract. The applicable contracts are actually contained and are also in the law, where it relies on the substance of existence.

Allier Contract

It refers to all those mutual agreements that apply to some unpredictable and uncertain event. In these contracts, the two sides take some risk. The most common example is the insurance contract.

Adhesion Contract

In these contracts, a party always leverages its high bargaining power. These are implemented by large businesses or influential people, where a weak party is very limited in contract construction. This is often called the 'take or leave' contract.

Option Contract

An option contract is an agreement between the seller and the buyer, who later gives the option of buying a particular price and later sells a particular value at an agreed price. The option contract is used in securities, goods and real estate transactions. Although it may seem complicated, but when prices fluctuate, this option is always beneficial for the contract.

The major types of contracts applicable under these laws are (Legal-dictionary.thefreedictionary.com, 2016). But this is not complete; According to the terms outlined in the agreement or the applicable law, contracted contracts can also be classified as contracts unconstitutional, in the form of zero contracts.

Construction Contracts

A construction contract refers to a legally binding agreement between the two parties on the basis of certain policies for construction, repair, changes in buildings and various permanent structures (Definitions.uslegal.com, 2016). Based on the promises made by the parties, construction contracts can be divided into six types.

  • Lump sum contract

  • Item rate contract

  • Lump sum and scheduled contract

  • Cost plus fixed fee contract

  • Cost plus percentage of cost contract

Do All Construction Contracts Have to Be in Writing?

Generally, all construction contracts are filed in documentary form. Most countries prefer to keep all construction contracts in writing. Although this is not mandatory, this advice is still given as it helps in preventing fraudulent claims.

Therefore, in some systems, construction contracts fall below the level of fraud. This is a necessity for which the parties concerned need to be signed and signed. For some conditions within construction contracts, a compulsory written agreement may be required (En.wikipedia.org, 2016). Some of these conditions are:

  • Construction loan financing

  • When the construction gets delayed at least by one year

  • Contract involving purchasing of expensive construction material

  • Sale of real estate and property

  • Contractors in which one party becomes a guarantor for another’s debt.

Even if the above categories are not created, a written agreement can be prepared to avoid future disputes. A written paper always helps to avoid any type of ambiguity and presents a clear picture about the obligations of the respective parties.

Construction Contracts Require Consideration - Is it true?

A construction contract always needs to be considered with it or it may not apply. This idea can be a promise of money or some service other than financial benefit. But if the contractor demands or forces the other side to pay more than the party agreed, then the idea may be an issue in the trial.

How can an International Contract Be Illegal?

Occasionally, two parties from two different countries enter the contract and then implement the agreement and it is impossible to proceed according to the existing sections. Therefore, it is important for the parties concerned with the court to understand that the agreement they are going to enter is clearly applicable. In the case of an international agreement, the requirement of each contract is legal The provisions and requirements have to be filtered through various levels. Since each country adheres to differ Therefore, it is important to consider all aspects before avoiding all complications, draft, applying and signing contracts. If such a situation occurs then the contract can be changed with the consent of all parties or it can be modified to make the implementation possible.

rent legal provisions, it may be that some contracts that are legal in one country, become invalid in the second (Leritz Law.com, 2016).

An international contract can be called illegal if certain business operations are not implemented in a country, changes in the law become effective in one country, the standard of distributed services or goods does not match the standard required.

Therefore, to avoid all complications, it is important to consider all aspects before draft, implement and sign contracts. If such a situation occurs then the contract can be changed with the consent of all parties or it can be modified to make its implementation possible.

Contract Law Sample - Contract & Business Law

In case of contravention of the contract, to claim the loss, there must be an enforceable agreement between the parties of the contract. The reasons for the violation of the contract by the parties are:

(A) The party has failed to contract on contract contract.

(B) The party for the contract fails to contract according to the other party's standards and specifications.    

Can an advertisement be considered as an offer?

In this era, advertising has become a universal gonna get. But in the case of an advertisement all these essential elements are absent. Therefore, an advertisement, a catalog or a price quote can be viewed as an invitation instead of an offer.

The unit of general life, where companies try to woo their customers through published customers, internet, television and radio advertisements, billboards and many others. Each company claims to have the best products or services and try to woo people. But these are not ads (small business. Findlaw.com, 2016).

An advertising contract does not adequately adequate all the necessary requirements, but it can be distinguished as an initial conversation or an invitation to bid. In a logical agreement, both sides should show intentions, agree in some conditions, and possibly exchange ideas with the idea of ​​acceptance recipient. But in the case of an advertisement all these necessary elements are absent. Hence, an advertisement, a catalogue or a price quotation can be viewed as an invitation rather than an offer.

But in some extreme and extraordinary cases, advertising can be considered as an offer when the product or service is offered with specific details and there are some words of promise. It needs to be clearly, definite and clearly mentioned so that it can not keep any opportunity for the dialogue, then it can be considered as a proposal.

Business Contracts

Every business relationship involves some kind of contractual commitment within the concerned parties. Though contracts can be verbal, written or a combination of both, still mostly the business contracts are of documented agreements. A business contract is lengthy piece of document which includes:

  • Employment contracts

  • Lease agreements

  • Insurance agreements

  • Financial agreements

It is important that all the parties must make a careful consideration to every clause stated in the agreement. As due to negligence, any business contract may get terminated or result into losses for all the respective parties. A business contract may get terminated by agreement or convenience. But sometimes these contracts are ended when one party is found to breach the agreement or due to frustration of another owing to some unforeseen events (Definitions.uslegal.com, 2016). Accordingly, the concerned party can ask for compensation or book a lawsuit against the other.

 

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