Contract Law: Carlill V. Carbolic Case

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

Contract law has set out to provide a healthy trade environment. Contracts are promises enforced by the law, with the support of something of value that has a legal purpose. It is an agreement between parties, formed by the elements: offer and acceptance, with all parties having the capacity to perform obligations enforceable by law. There are instances where the enforcement of a contract would bring about gains or losses to society and commerce.

al., 2003). We do not have enough information about this case to know whether there was anything the hospitals in question could have reasonably done different.

Since the first major lawsuit settled against tobacco companies in 1998, there has been much controversy over whether or not these lawsuits are justified. On the pro side of the argument there is much evidence to support that the tobacco industries have long known about the dangers of cigarette smoking. Furthermore that this knowledge warrants the need for compensation. In addition the industry has concealed this knowledge from the public. On the con side of the argument evidence shows that these lawsuits have been based on false claims primarily in regard to health care costs for smokers. Furthermore, the regulations set by the settlement of the 1998 multistate lawsuit have established a legal president which allows individuals

A contract is a legal document that states and clarifies a formal agreement between two different people or groups. This implies that an agreement between parties must have a strong backing by law. The following are therefore required for a contract to be mandatory for all participants involved. These elements in a contract prove whether the contract is regarded credible or not credible: The objective is to build a legal relationship, offer and acceptance, consideration, capacity to contract and legality.

Introduction This case arose when Jesse Williams died due to lung cancer after smoking three packs of Marlboros every day for 47 years of his life. Jesse Williams was a janitor in Portland, Oregon and he started smoking while he was in the army in the 1950s. Even though, he made several attempts to stop smoking he was unsuccessful each time. In his point of view, he said: “The cigarette companies would not sell them if they were dangerous.” When Williams learned about his inoperable lung cancer, he felt deceived by the cigarette companies.

Wigand morally struggled with the information that he discovered at B&W, the death threats, intimidation, and their constant reminder of lawsuits compelled him to testify against the company. This situation certainly met the five conditions in order to morally justify blowing the whistle on his employer. He had “reason to believe that by going public the necessary changes would occur. The chance of being successful was worth the risk” (DeGeorge 311) due to the severity of the situation. The doctor had documented evidence that nicotine was dangerous and the company’s practices posted a serious danger to the customers. Dr. Wigand made the difficult decision to “cooperate with Federal regulators and anti-tobacco investigators, becoming the famous and highest paid executive to blow the whistle at that time” (Lyman). He also did an interview with 60 Minutes where he disclosed the secrets of the giant tobacco companies and what they tried to so hard to keep from the

A contract is simply an agreement which has legal value so that it is binding on both the parties, and each of the party can enforce it lawfully in case of any contravention of the terms of agreement. For an agreement to take the form of a contract, it is necessary for it to contain four essential components of a legally binding contract . These include,

Contracts are an integral part of our everyday life and play as important role in our personal and business lives. In order to deal effectively with promises provided in the business world, a legal framework is needed. Basically, a contract is a promise or set of promises, for which the law provides a remedy if a party breaches or failing to perform. In order to form a contract, four basic elements are needed: an agreement, bargained-for consideration, legal capacity to enter into the contract and a legal purpose consistent with law and public policy. The case Michelle M. Nichols v Century West, LLC et al. below described how the contract is important in business and the promises enforceable in court.

No voluntary partial payment of a claim based on alleged liability for injury or property damage shall be construed as an admission of fault or liability, or as a waiver or release of claim by the person receiving payment.

A contract is a legally binding agreement between two or more persons that is recognised by the courts. In order for an agreement to be legally binding there are certain criteria that have to be met. One of these criteria is capacity. The majority of us have the capacity to form a legally binding agreement, however certain categories of people are limited by law to make contracts the main categories are minors, people judged incapable of contracting due to mental disorders, drunkenness or under the influence of drugs.

A contract is an agreement between two or more parties that the law recognises and will enforce in necessary. Contracts are essential to commerce and business and are also a fundamental part of our daily lives.Businessess inter into contract individuals, other businesses and governments to by and sell goods, services and intellectual property. Contracts can be written, verbal, express or implied. now many of the contract we enter into are verbal, because of this, many people are often unaware they are entering into legally biding contracts. many of the common law principles upon which contract law is based were developed in the 19th centuty, one of the principles that People intering a contract should have the right to include in it whatever they wish to negotiate the best possible bargain, complete freedom to contract. However, as modern life become more complex, it has become evident that not everyone has full and free options when entering into a contract, practical exemple of this include our dependence on services such as plumpedwater supplies, electricity

The information that Dr. Wigand discovered about his employer created an internal conflict between his ethical beliefs and the lack of moral reasonability by the tobacco industry. Brown & Williamson along with other tobacco companies were causing considerable harm to their consumers and the public. Shockingly, they were targeting teenagers so they could hook lifelong smokers, and Wigand learned that some of the additives were causing cancer in lab mice. Tobacco companies knew about the dangers of their products, but they were intentionally hiding it from the public. Once Wigand identified this serious threat to the users of their product, he completed his own research, wrote internal memos, and notified executives about the dangers of the product. While he looked for ways to address and fix the problem, tobacco executives did not want to remove the additives because it would negatively affect their sales. This fueled an anger within Wigand that it made it “impossible to censor himself because he believed his

A contract is an agreement made with an intention of legal rights and obligations which the law will enforce. It contains the agreement, consideration and intention. It also have some other things to consider, like capacity of parties, genuine consent or legality of object.

Contract Law Case Study Both the parties in the question have come to a problematic situation