Contract Law Vs Non Tort

“The mere existence of the core elements of offer, acceptance, and consideration will not guarantee a legally enforceable contract”. Discuss.

Tort Law is a form of Civil Law and is different than Criminal Law, as it does not seek to punish the wrongdoer, but rather to pay damages to remedy a wrong. A Tort cannot happen without harm occurring. One who has committed a Tort has broken a law against an individual. Typically, damages are paid to the individual in order to make them “whole” and in an effort to make good on their wrongdoings.

Externality can be either positive or negative. If one is building a plant to extract oil from the ground, the positive externality is the added jobs for the community. However, the potential pollution from the plant could be conceived as negative. The externality affect is when one does not control the impact from another person or companies decision. Another positive externality is the improvement of a workforce in an organization that employs local labor. Pollution is widely viewed as the top negative externality.

There are certain clauses that can be beneficial in a contract as well as clauses that one should be wary of. Some clauses that can be beneficial include hold harmless clauses, which are used to shift liability from person to another; and indemnification clauses, which are designed primarily to transfer the liability and expense of claims brought against the business away from the entity (Rapp). While some clauses are beneficial, one should be wary of others. For example, one should avoid clauses pertaining to his or her rights and duties in the event that a claim or suit arises, which can create a contractual duty on their part (Rapp). Entering into a provider agreement that forfeits a person 's ability to seek compensation for services they are entitled to should also be avoided. One should always be cautious of forfeiting their right to compensations (Rapp).

On April 26th, 2017 I (Ofc. Wilson #9346) was advised by Code Enforcement Officer (Will Yarbrough Jr.) for the City of Glenarden, that he observed a gold Toyota Camry without tags parked on the 1500 block of 7th street Glenarden, Maryland 20706.I requested a registration check by vin through communications and the return revealed that this vehicle was not reported stolen and had no registered owner on file. I requested for Ryon’s Towing to respond to my location and while waiting for their driver, no one came out to claim ownership of this vehicle. The vehicle was towed to their lot and teletype was

Negative externalities are detrimental third-party effects caused by the production and/or consumption of a good. A public good is a good provided free of charge to the consumer, by the government. A public good is non-excludable and non-rivalrous. A merit good is a good that gives positive externalities upon production and/or consumption. A merit good is non-excludable, yet rivalrous.

An externality is an effect of an action on another party that is not accounted for in the costs or benefits of that action accruing to the parties involved in the action. These externalities can be either positive or negative. In this article, we have a negative externality from the use of a public good. The article shows the conflict between the city of Barrington’s sewage line creating a foul smell in a nearby town called “East Providence.” The benefit is the use of waste removal from Barrington, but it is costing East Providence the access to fresh air. Overall, we see that one towns benefit of a sewage line is impacting another town’s air in a negative way, which is the concept of a negative

The HERO bikes was a project that resulted from using whatever was around to build a possibility for the community, in this case, the excess of bamboo that was lying on the streets. According to CBS News, "Pam Dorr wanted to be part of the solution and not the problem. Her town was invaded by wild bamboo of all things, and her local economy was on the skids". Greensboro was in need of jobs, but most of the people did not have the same creativity as Ms. Dort. The wild bamboo was a local nuisance; Mr. Dort converted this problem in jobs for the community. An externality is a result of an economic activity experienced by unrelated third parties; it can be either positive or negative. The socio-economic externality to create this project was the

Like you can see there can be either costs, or benefits that affect those third parties. When it is a cost that is imposed on third parties, it is called a negative externality; negative externalities occur when a decision or activity imposes costs on anyone that is not involved in the making of the decision, that is if a decision imposes any kind of external cost, which are

A contract is an agreement that is voluntarily entered into by two or more parties that specifically causes a legal obligation. Within the original contact there is, then, the expectation that all parties would perform as agreed unless the parties agree together to change the terms of the contract, or the actions of the party that deviates from the terms of the contract are ratified (implicitly accepted) by the other party. Product liability is an area of law in which any organization that either makes products (manufacturers) or distributes to the public (makes available) may be held responsible for potential injuries that may be caused by those products. In the United States, claims for product liability are usually associated with some type of negligence, breach of warranty, or other consumer protection issues. However, the large majority of product liability laws vary considerably because they are determined from state to state. This, of course, makes it problematical to litigate across state boundaries, as well as ensure that manufacturing requirements are met more universally (Golden, 2000).

Economist Arthur Pigou stated that an externality is the ,” costs imposed or benefits conferred on others that are not taken into account by the person taking the action” (Pigou AP, 1920). The Merriam-Webster dictionary defines an externality as a secondary or unintended effect(Merriam-Webster, 1978). In other words an externality in economics happens whenever two parties are engaging in business and a bystander is affected by the action that they had no part of being in. These actions can either be beneficial or harmful to a third party.

Externality is a kind of market failure that all allocation of goods and services is not efficient. Externalities is effects of activities on outside third parties, which is also called “Spillover Effect”. It will occur when there is a difference between social costs or benefits and private costs or benefits. Positive externality represents by benefits, so if social benefit is greater than private benefits, there will be a positive externality. For instance, inoculation and education. In contrast, negative externality represents by the costs, so if social costs are greater than private costs, there will be a negative externality. For instance, pollution, traffic congestion and obesity.

Another solution for the water pollution is the economic factors. Most of the environmental experts agree that the good way to take pollution down is through a principle called polluter pays principle, which means that whoever causes pollution should have to pay to clean it up, one way or another. For example, shoppers should have to pay for their plastic grocery bags, as is now common in Ireland, to encourage recycling and minimize waste for water contamination. Recycling is also

An externality refers to the uncompensated impact of one person’s actions on the well-being of a bystander. That would lead to the resources allocation poor efficiency. (George,2000) Eg: When the factory began to production,and that will make the environment pollution. The government use their power to adjust, and coordinate the problems in social. The government should realize and protect the basic interests to ensure the social equity.

One of the most common policies that are used to tackle pollution is the green/environmental tax.