Contract Analysis Essay

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.

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

Not only did Randy not put the quantity which would be sent, Wally also never agreed to have Randy send only 50 of the 100 needed. Randy did not give Wally notice of the change in the contract. As stated in the UCC, “if the buyer fails to make an effective rejection but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect the good”, the only thing that can be enforced is that Wally must pay for the portion of the watches that have already been sent because he did not give notice of his change in mind. According to the UCC § 2-201 the contract will become enforceable to the goods that were accepted and

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).

Explain why it is important to have an intention to create legal relations when making a contract and why is consideration of the parties to the agreement necessary-:

Rule : : Contract formation requires mutual assent (offer and acceptance), consideration, and no viable defenses to contract formation.

Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and

Pat was very frustrated because she wanted to purchase a home but lacked the funds or credit to do so even though Pat was expecting shortly to receive a one-half million dollar final installment payment for some land she sold several years earlier. Dan knew that Pat was very interested in purchasing a home and approached Pat with a proposal to assist Pat in buying a home. Dan told Pat that he would help Pat with the financing. After finding the home she wanted to buy for $250,000, Dan and Pat orally agreed that Dan would purchase the home and "when you come up with the money, I (Dan) will sell it to you (Pat) for $250,000 plus a fair commission to be determined."

Learning contracts are being used in post-secondary education. Adults approach learning as problem solving and in theory by implementing learning contracts, the student becomes more involved in

1. Name and briefly describe each of the two basic types of competitively bid construction contracts. Which type would be most likely used for building the piers to support a large suspension bridge. Why?

"The current federal system of government in the United States is failing to meet its social contract obligations to the American people." There is nothing closer to the truth than this statement. While some may argue that the government is following the guidelines of a social contract, many aspects of the government have outgrown their britches and taken over.

would give 100 £. The company then deposited 1,000 £ in a bank to show

The quality of your individual life would greatly improve in utopia. The burdens you face from corporate monopolies, the overwhelming weight of the devaluation of your currency and the lack of faith in your neighbors to achieve a civilization of peace and mutual respect has taken its toll for too long. Although this sounds as if it was taken directly from George Orwell’s book (1984) itself, the propaganda of a utopian government rule and the current everlasting war breathes as it’s on self-reliant organization today. Weary of the multiple political parties that are emerging every three seconds, we are faced with a question that has been proposed since the beginning of logical thinking. Is it

     Rousseau's principal aim in writing The Social Contract is to determine how freedom may be possible in civil society, and we might do well to pause briefly and understand what he means by "freedom." In the state of nature we enjoy the physical freedom of having no restraints on our behavior. By entering into the social contract, we place restraints on our behavior, which make it possible to live in a community. By giving up our physical freedom, however, we gain the civil freedom of being able to think rationally. We can put a check on our impulses and desires, and thus learn to think morally. The term "morality" only has significance within the confines of civil

In order for a contract to be formed, there are various requirements. These are offer, acceptance, consideration, and the intention to create legal relations. A contract may also be terminated.