BUSI561 Legal Issues in Business

"In California, the elements for a viable contract are 1) parties capable of contracting; 2) their consent; 3) a lawful object; and 4) sufficient cause or consideration." In regards to a minor 's capacity to contract, a minor is capable of contracting unless specifically prohibited. However, Section 6710 of the California Family Code states that "except as otherwise provided by statute, a contract of a minor may be disaffirmed by the minor before majority or within a reasonable time afterwards."

Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also

Contractual capacity is, “The legal capability to form a binding contract. A number of classes of people lack contractual capacity, and these include minors…” (BusinessDictionary.com, 2010). A minor’s capacity to contract and the lack of an employee’s capacity to bind a company by contract could be used in defense against a breach of contract.’ Consideration is necessary for any contract to exist. A promissory estoppel is used when consideration requirements are absent (Kubasek, Brennan, & Browne, 2015, p.250).

One of RAPIDS’s foundational barriers against lawsuits is to approach the business with an attitude of prevention. A few of RAPIDS’s policies will be to implement a three day orientation session and to require each employee to read the employee handbook. All employees who are hired will be required to attend this session and will be subsequently tested to ascertain that

Since the contract was meant to be signed by the son, instead of the owner, it was also created to take advantage of the business in secret. As well as the attorney presenting the issue of the contract being signed by a minor, the argument that the son was not the sole business owner could be disputed. Because of the late payments by Don the attorney could possibly use Don’s irresponsibility to help the contract to be eliminated. By going through arbitration this issue could be easily resolved. It would also help the contract decision be a win-win situation. This could possibly encourage Don to restructure the contract and create a more fair and legal business solution. With both sides overcoming their issues this could leave a better separate between both companies.

A person who is considered to have a mental or physical defect cannot enter into a legally binding contract. Age is also a contract limitation. This means that someone under the age of 18 is considered a minor and, therefore, cannot enter into a contract unless it is voidable. However, only the minor can void the contract, not the adult who entered into the contract. When a minor shows intent to rescind a contract by either words or action, the whole contract is voided. If a person is emancipated, they have legal control of themselves and can enter into a contract. In this case, Sam is of age to sign a contract agreement with the store; this is a valid element. The fourth element of the legal object will be deemed to exist if the object of an agreement is valid. Sam agreed to ship 1,000 units of his barking device. However, Sam was doing this illegally because he did not have the required license to conduct business from his apartment. This is not a valid

During the interaction of evaluating business ties with Marshall, claims of interest were brought forth such as a supplier contract and requirements of implied duty and good faith in fair dealing in compliance with the Universal Commercial Code (UCC). The supplier-client contract in question is not legally binding due to the fact that it was not signed by a legal representative of the company. In addition, the contract was signed by a minor. “The limitations on a minor 's ability to contract are established to protect innocent third parties and ignorant or immature first parties. If a minor makes a foolish business decision out of immaturity or ignorance, the contract may be voided on the basis of a lack of capacity to contract” (Net Industries, n.d.). Alabama code §26-1-1 stipulates that “the age of majority is designated as 19 years” (FindLaw, n.d.). The contract issue aside, the reference to “implied covenant of good faith and fair dealing” still stands. “In

In a society where there is diversity in terms of social functions, personal beliefs, professional skills, and socioeconomic backgrounds, etc., and where individuals act out their unique personalities with a high degree of autonomy, mutual relationship are largely regulated through contracts. Due to the prevailing differences, there hardly exists a set of concrete social norms grounded in identical values that regulates the details of social interactions and constrains individual actions. Rather, contracts set binding limits on the duties and obligations both at the present and in the future for individuals reaching mutual agreements. The binding nature of contracts specifies certain conditions that limit the autonomy of individual choices and hence establish order in social interactions.

To the question on whether or not Alex’s signature could be considered legally contractible, I would go with no. To begin with Alex is a minor, and does not have the legal authority to sign into a contract. According to (Goldman and Sigismond, 2013), “contracts usually arises when there is an obliging agreement between persons involved that becomes unequivocally accepted by parties who are of required capacity by law”. Furthermore children under the age of eighteen lack the capacity to enter into contractual relationships. Thus, making Alex’s signature invalid and cannot be legally enforced. Conversely, some contracts such as service benefit contracts,

In this paper the author is going to explain the valid legal elements of contracts. She is going to define the objective theory

However, in our state legislatures, if the son allowed 30 days to pass by after his 18th birthday, the legal majority age, the contract is then ratified. The contract was only shown to the owners after I have threatened litigation.

I believe that both sides of the party did not use a written work contract; therefore, it would seem that Mr. Gerard used the beneficent association to get the cash for himself; on the other hand, I believe that it can be conceivable that Kids Care could utilize an agreement law that will implement a guarantee. This contract/agreement law is called promissory estoppel, which prevents a promissor from denying the existence of a promise when the promisse reasonably and foreseeable relies on the promise and to his or her loss acts or fails to act and suffers an injustice, legal, ethical, and moral duty, making him to followed with what he promise to t help the Kids Care Organization to do the; therefore, all promises need to be in writing and

A contract is a mutual, beneficial agreement between two parties with obligation to to carry out traction or an activity and failure to comply as per the terms of agreement, the law is intervene in regards to the failure (Rowan, 2012). In the case of Burger Baby and Davison; there was Unilateral Contract based on the completion and pays basis. For instance, Davison is supposed to be paid $1,000 on completion of his swimming. Unfortunately, an Air Advertising flew another sign when already Davison was swimming, then, due to the requirement of an agreement; it is already in existence since Davison was already swimming across the sound.

The objection guaranteed Qualcomm has a male-commanded society, with ladies holding under 15 percent of what the organization characterizes as senior authority positions.

In today 's society, people use contracts for practically everything from buying a phone from a cellular provider to buying a house. A contract is a legal agreement made between two parties who have come to accept what will and will not be done in the present or in the future. In this assignment, I will be developing a contract that discusses a scenario in which I enter into a contract with a parent about babysitting their children. Moreover, there will be a description of the elements found in a contract that make the contract valid. Moreover, the elements of a valid contract will be presented in the following order: offer/agreement, consideration, acceptance, contractual capacity, and legality