Business Law

Mr. Slim Jim verbally submitted an offer to Mr. Potbelly who proceeded to accept Mr. Slim Jims’ offer unequivocally (pg. 122). The “Basic Requirements of a Contract” (pg. 107) were completed. In this bilateral contract (pg. 107), “Communication of Acceptance” (pg. 123) was evident as Mr. Potbelly responded “Sure I’ll take it” when Mr. Slim Jim submitted an offer for the pottery and enthusiastically replied “I’ll take it!” when Mr. Slim Jim gave him an offer of cash for his home. As a result of this, Mr. Slim Jim is suing for the “right to obtain specific performance” asking that the agreement be upheld. Also, according to “admissions” (one of the “exceptions to the statutes of frauds” (pg. 175) Mr. Potbelly’s agreement should be upheld.

Mary McDonald, an 86-year-old woman, was frequently complaining about the high cost of maintenance of her house and high property taxes. She decided to cancel her fire insurance to reduce expenses. Mary’s daughter was aware of her mother’s concern about the property, and she took Mary to the lawyer’s office to sign some papers that would protect her mother. When Mary came to the lawyer’s office, she was advised that the paper she was going to sign was the deed to the property. Mary signed a document. Later on, when the municipal tax bill arrived, Mary McDonald was really surprised to see that the property was in her daughter’s name.

(b) Notice of Intent to Breach – if the Δ gave notice of intent to breach, then

-The Reasoning: the face that the appellant did not like the fee indicated does not preclude the finding of a binding contract. Appellant intended to negotiate, but never did so. Appellant

10. Dan hires Eve to perform at Dan 's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dan files a suit gainst Eve. The court will most likley: award damages to Dan.

The decision of the tribunal was that the appellant was found guilty of having acted with dishonesty when he relied on the documents, but not when he created them, here he was charged with lack of integrity. The court had to therefore consider what the definition of the words ‘dishonesty’ and ‘integrity’ was.

40. Principle of Law: In this case, Esposito hired Excel Construction Company to repair a porch roof. All terms of the agreement were specified in a written contract. And the dispute occurred when Excel had repaired the rear porch roof because in the agreement failed to specify whether it was the front or rear porch that needed repair. Under civil law, two parties here had signed a civil contract in writing. Because the contract failed to specify clearly front or rear porch roof, Excel completed its obligation and didn’t break the contract.

In contract law, intent is determined by the personal or subjective intent, or belief, of a party. False, intent is determined by the objective theory of contracts

In the Jacob & Youngs, Incorporated vs. George E. Kent case, Jacob & Youngs, the plaintiff, claims that there was a breach of a clause in the contract with the defendant, George E. Kent. The clause stated that any work that is either defective or not in accordance with specifications will be

Cross-Complainants are informed and believe, and thereon allege, that Cross-Defendants had no intention of completing the reconstruction improvements within four months because, among other thing, the first document, the Work Authorization, was signed on August 21, and the permit was not submitted until December 7, 2015.

Where the partners of a real estate development partnership charged one of the partners and his company with the responsibility of developing the real estate, they effectively made him and his company agents of the partnership. Applying the provisions of the Uniform Partnership Act to the case at bar, when the partners of Vermont Place charged McGowan and his company, Advance, with the responsibility of developing Vermont Place, they effectively made McGowan and Advance agents of the partnership.

The error was obvious and can be proven as the owner forgot unintentionally to “insert the number of weeks specified by the tender in the appropriate blank.” The contractor asked to be given the opportunity to show to the court and to the owner his estimate.

Elizabeth Blackwell showed herself as a dedicated and diligent doctor during five years of work in Neurological Associates, and made a significant contribution to the profit margin of the partnership. The partners were delighted with hiring Blackwell in 2005 and they introduced her to medical physicians at a conference. But the referral base Blackwell went through was not the result of that investment by the partnership but instead it was the evidence of her professionalism in neurological sphere.

Lord Denning holds the opinion that “…it is a mistake to think that all contracts can be analyzed into the form of offer and acceptance…” He gives his support of the statement above and echoes these sentiments in the case of Butler v. Ex-Cell-O Corporation (England) Ltd (1979). He believes that the “…better way is to look at all the documents passing between the parties and glean from them or from the conduct of the

The rule that courts will imply a term that was overlooked when the contract was being made, as it was so obvious