Case Study 2: Contract Analysis
Case Study 2: Contract Analysis
Liberty University
Business Law – BUSI561
Betzaida Aponte
Abstract
In the contract analysis of Case Study 2, we find what looks like a legal and ethical issue at play. This analysis will cover answers to the following questions:
1. What should you do about continuing to do business with Marshall?
2. If you elect to stop doing business with Marshall, what legal causes of action might he bring against your company, what damages or remedies might he seek, and what legal defenses might your company have?
3. If you stop doing business with Marshall, what are the potential impacts on Marshall’s continued exploration of his faith? What biblical options are available for
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It was important for Marshall to ensure that the seventeen year old understood what he was doing; in this case it is clear that the seventeen year old did not know or should know, since he was just a delivery boy and not the main person to do business with. Marshal may argue the case that the contract may be binding as the son that signed the contract is now eighteen years old, which is the age of majority. However the law of contract is set up to protect minors. According to Bennett (2012), If a party is below the legal age for contracting , the contract can be voidable and can be disaffirmed any time before reaching the age of majority or within a short time thereafter, this depends on the circumstances (Bennett, 2012). In this case study the circumstances are clear the minor was deceived in signing a contract and did not understand what he was doing. We can defend ourselves by arguing that the contract was signed on a misrepresentation by Marshall, and claim that the contract is voidable. There is also possible fraud that we can use as a defense against the enforcement of the contract. We can demonstrate more than a misunderstanding by the seventeen year old son and argue that the misrepresentation was intentional and fraudulent. According to Kubasec et al., 2015, if fraud exists, genuine assent or a “meeting of the minds” has not taken place and the grounds for cancellation of
A contract is defined as, “a legally enforceable exchange of promises or an exchange of a promise for an act that assures that parties to the agreement that their promises will be enforceable (Kubasek 2015).” Contracts are essential for businesses to conduct business with one another. Before delving too far into the Muscadine grape case, it is also important to note that a sale is the, “passing of title to goods from buyer to seller for a price (Kubasek 2015)” and that a good is considered, “tangible personal property (Kubasek 2015).” Muscadine grapes and their by-products are the goods in question. When considering any legal case it is important to first consider the facts and the issues that are being considered.
University of Phoenix Material: Elements of a Contract Scenario Read the Elements of a Contract Scenario.
My son turned 18 last month and did not void said contract prior to such. I personally believe that Petersen committed
Maximum Possible Points: The maximum number of points you may earn for this assignment is 50.
Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY:
Clarkson, K. W. (2001). West's business law: Text, cases, legal, ethical, international, and e-commerce environment. Cincinnati, Ohio: West Legal Studies in Business.
Cheeseman, Henry. Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues, 7th Edition. Pearson Learning Solutions. (Pg 772-773).
Laws and policies exist at all levels of society; they are the foundation of how a business or a society functions. From personnel management to driving a car, laws and policies govern execution of these actions. In this paper, I will summarize a situation I encountered at work, and explain how it correlates to the content of Chapter One, (Bagley & Savage, 2010).
Cheeseman, H. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, New Jersey: Prentice Hall.
Marshall received a signature on a contract from a seventeen year old minor in which he hopes to enforce. From a legal standpoint, minors have a limited ability to enter into contracts. The seventeen year old minor employee can void the contract he signed at any time. Minors have the option to do this because of laws made to protect them
Contract Law Case Study Both the parties in the question have come to a problematic situation
Contracts are used in many different forms and for just as many different situations within our everyday lives. Some contracts are more involved than others and for some; contracts are an essential of their success. As we continue, we will take a look at different types of contracts with the main focus on enforceable contracts. With so many elements that are incorporated into any contract, the six essential elements of enforceable contracts will be the main focus of this writing. Having a clearer understanding of the essentials of life will help prepare us for life’s curves that may come our way.
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.
William O. Douglas said, “Common sense often makes good law.” Well that is what laws essentially are, rules and regulations that make sure common sense is followed. One could even say that laws are enforced ethics. Laws serve several roles and functions in business and society, and this paper will discuss those roles and functions.
In Privy Council decision Attorney-General of Belize v Belize Telecom (Belize thereafter), Lord Hoffmann in delivering the leading judgment, assimilated the implication of term and contractual interpretation resulting in the well-known traditional tests: “business efficacy” and “officious bystander” merely as auxiliary role in discovering the the objective intention of the contract. Even though the Belize test has long been accepted by the English and the New Zealand courts, Singapore court seems to have reservations. A great deal of debate surrounds the issue as to the roles of the Belize test to be afforded to two