Breaches of Contracts: Fulfilling the Elements of a Contract

Most time, acceptance would be made in clear and loud matters, such as saying “Yes, I accept.” But silence would constitute acceptance of an offer where the common-law and statutory law allows. Supreme Court of Nebraska has confirmed in Joseph Heiting and Sons v. Jacks Bean Co that acceptance may be established by silence or inaction of an offeree and acceptance occurs when the buyer/offeree “does any act inconsistent with the seller/offeror’s ownership...” Neb. U.C.C. section 2-606(1)(c). In Joseph Heiting and Sons v. Jacks Bean Co, 463 N.W.2d 817, 236 Neb. 765 (Neb.,1990), Heiting (Plaintiff) offered to sell its beans at the posted price on September 30, 1987, but was never informed of acceptance or rejection of the offer. Heiting and Jacks

1. Breach of an express warranty - An express warranty is a guarantee from the seller of a product that specifies the extent to which the quality or performance of the product is assured and states the conditions under which the product can be returned, replaced, or repaired. It is often given in the form of a specific, written "Warranty" document. However, a warranty may also arise by operation of law based upon the seller's description of the goods, and perhaps their source and quality, and any material deviation from that specification would violate the guarantee. For example, an advertisement describing a product is often full of express warranties; the product must substantially conform to what is advertised. Many advertisers insert disclaimers for this purpose (e.g., "actual color/mileage/results may vary", or "not shown actual size"). Commonly, written warranties will assure the buyer that an article is of good quality and against defects in "materials and workmanship." A warranty may also apply to services that

5. Explain the importance of full and up-to-date details of agreed ways of working (2.2.3)

An agreement means a consensus on at least those essential terms needed for a workable transaction. The process of reaching an agreement is generally analysed as involving an offer and acceptance. Where the offer is a clear indication of the terms upon which a person is prepared to be bound, and an acceptance is assenting to, agreeing, or

The contract was to govern the business relationship, and the terms were expected to be adhered to by both parties. According to the contract, the supplier was supposed to supply me with the products during the time of agreement without failure unless under unavoidable circumstances. Any condition that prevented delivery of products on the dates scheduled, the supplier was expected to provide a reason for the delay and if possible give the estimated time of delivery. The prices of the products were expected to be fixed, and no additional charges or price adjustments were to be made without my consent and that is after negotiations between the two of us. Also, the products were supposed to be delivered in exact quantities, location, and on time.

In this case, the next week, Pat moved into the house, begins living in it, and made substantial improvements. The improvement consisted of installing new carpets, window coverings, and a patio cover. The improvements, spanning a period of six (6) months, amounted to a cost of $8,000. With respect to a contract, Dan might argue that there was not a contract, or that the contract was outside the Statue of Frauds. However, any arguments to nullify the Statue of Frauds are not likely to be successful. In most instances courts attempt to find evidence that this defense is not supportable. Performance is more relevant in this case. A contract for the sale of real property will be enforceable if the buyer has taken possession and has made permanent improvements upon it. Of course, the extent of the improvements required for enforcement varies from jurisdiction

P1.1 explain the importance of the essential elements required for the formation of a valid contract

3. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the parties, and merges/supersedes all prior agreements, representations, writings and discussions between them. This Agreement shall not be subject to change or alteration other than by a by a separate agreement signed by all parties.

When a condition is breached by either of the parties would result in the other party to either terminate the contract or proceed with suing for the damages caused.

An agreement is the essence of every contract. The parties to a contract are the offeror (who makes an offer) and the offeree (to whom the offer is made). If, through the process of offer and acceptance, an agreement is reached, and the other elements are present (consideration, capacity, legality), a valid contract is formed.

Sales Warranties. Under the UCC, Section 2-312, sales contract contain a sales warranty by the seller to the buyer. The warranty stipulates that the “tile is good and it’s right transferable. Additionally, the warranty assures that said goods are free from security interest, liens, encumbrance of which the buyer at the time of the contracting has knowledge of” (Uniform commercial code U.C.C. - article 2 - sales,

The purpose of this discussion essay is to prove that there was a breach of contract, that there was tort liability involved, that there was a guest innkeeper relationship, a possible landlord tenant relationship and bailment involved.

An offer is an expression of willingness by one party to contract on certain terms with another party with the understanding that the contract will become binding when accepted by the person to whom it is offered. An offer may be made in different ways, such as in a letter, an email, or even your behavior, so long as it conveys the basis on which the offering party is willing to contract. An offer should consist of: (1) a statement of present intent by the offering party to enter into a contract; (2) a specific proposal that is certain in its terms; and (3) a communication that identifies the person to whom the offer is made. If any of these elements are not present, an offer has not been made. (Walker, C. B., 2012)

Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.

There are other alternatives to strict product liability as well. One of them being to hold the driver liable for the vehicles actions through vicarious liability, another being creating regulation that would make self-driving an AV an abnormally dangerous activity. Doing so would place liability with the driver, and courts would use the current factors in determining an abnormally dangerous activity . The factors would include the (1) risk of substantial harm; (2) lack of the exercise of due care to decrease risk; (3) rarity of the engaged activity; (4) the unsuitability for the locale; and (5) the social value of the activity. However, enacting such a regulation would hinder the progress of AV’s and create additional privacy issues. Further, the probability of harm from a human driver of an AV is still not likely high enough to be sufficient to be considered an abnormally dangerous activity.