Business Contractual Relationship

A contract is an official agreement between two parties. There are different types of contract, such as sale and purchase of a business agreement, partnership agreements, lease of business premises, lease of plant and equipment and employment agreements. The format can vary too. It can be face to face, written, or distance selling. The specifications of a contract involve offer and acceptance, the intention to create legal relations, lawful considerations, capacity and legal formalities such as terms and conditions.

�1. Under the UCC, a sale occurs when title passes from a seller to a buyer for a price. TRUE

Within a contract consideration must be made to the creation of the contract. The terms of the contract define the obligations of the parties. It is by analysing the terms that you can find out what has to be done to discharge those obligations. For example in Cehave NV v Bremer Handelsgesellschaft mbH [1976] QB 44; [1975] 3 All ER 739, the buyer Cehave did not want to accept the delivered goods because they were not in ‘good condition’ although they were in satisfactory condition to perform their purpose which was to be used as animal feed.

b. Make a contract for the transportation of the goods that is reasonable given the nature of the goods and other circumstances.

3.  What is the test to determine if a sale is a sale of goods (and, therefore governed by the UCC) or a sale of services?

The Uniform Commercial Code has language that requires certain sales of goods contracts to be in writing in order to adhere to the law, commonly known as the Statute of Frauds (Beatty, Samuelson, & Bredeson, 2013). The general rule for a sale of goods contract is that if the price for the goods are over $500, the contract must be in writing (Beatty, Samuelson, & Bredeson, 2013).

The Seller is a corporation duly organized, validly existing and in good standing under the laws of the state of its incorporation as set forth in Schedule 2, with all requisite corporate power and authority to own, operate and lease its properties, and to carry on its business as now being conducted. The Seller is duly qualified to do business and is in good standing in each jurisdiction where the conduct of its business or the ownership of its property requires such qualification. The jurisdictions in which the Seller is qualified to do business are set forth in Schedule 2 hereto.

A contract is an agreement between and offeror, and an offeree, that can be enforceable by a court of law or equity (Cheeseman, 2010). A contract consists of the following elements; agreement, consideration, contractual capacity, and lawful object. Understanding each of these elements is of the utmost importance to ensure that each party involved has a good understanding of what is expected from one another.

Sales of goods act requires traders to sell goods that are as they are described and of satisfactory quality. It also

Overall in the briefing sheet I have made sure that all evidence is provided, also that a clear explanation is made of how a contract protects the consumer and what happens if that contract is breached. Mainly information is suggested on the different conditions made by the sales of goods act such as title, description, fitness for purpose and also satisfactory quality. Factors that invalidate contracts:

To sell at public or private sale, contract to sell, grant options to buy, convey, transfer, exchange, or partition any real or personal property of my estate for such price and on such terms as my executor sees fit;

Contract is defined as an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. For purposes of this chapter, we are concerned with agreements to buy and sell some type of agricultural product. Contracts 101 You should be concerned about contract law because it determines how parties to the contract will need to keep the promises they make. Although very few contracts ever end up in court, if the parties to a contract disagree on something and are unable to resolve the disagreement, they may have to resort to the judicial process. This means that as the parties negotiate a contract, they need to consider how a judge might ultimately interpret it. For a contract to be enforceable, it must involve:

The four elements of a valid contract are offer and acceptance, meeting of the minds, consideration and competent parties. The contract must cover a legal purpose or objective as well (Binder, 2012). The objective theory of contracts holds that contract formation is dependent on what is communicated, rather than what is thought by one of the parties (Barnes, 2008).

The Sale of Goods Act 1979 controls English law transactions between the purchaser and the seller of goods; it also applies to contracts where involving a transfer of the property in goods or an agreement to transfer a consideration in money.

Conducting business in the United States is regulated by different types of laws. The definition of business law, also known as commercial law, is the governing of transactions between business entities. These include all aspects such as advertising, collection, banking, contracts, and trade in general (Legal-Dictonary.com, 2011). Business laws consist of federal, state, and local laws that all organizations small or large must abide by. Federal laws are comprised to include industry laws and regulations, employment and labor laws, handling of legal concerns, and understanding fair practice (SBA.gov, 2011). State laws vary depending on which state the company operates from, and the type of industry. State laws affect all corporations from banks to health care, mortgage companies to retail. Local laws are specific to the town or city the business