Contract Liability Cases

People who do business as a sole proprietor or in a partnership are liable for the torts committed by them and for torts committed by the business and its agents. The best way to avoid tort liability is to set establish their business as a corporation or a limited liability company. A corporation or limited liability company will act as its own entity for all intent and purposes. When it becomes it own entity you will have to separate your finances from that of the business. Remember that it does not matter what type of business organization you select,

The offer and acceptance model is flawed- only an agreement is necessary. In order to fully comprehend this statement, we must first establish what constitutes and offer and what constitutes acceptance. “An offer is a statement by one party of willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to the terms proposed by the offeror”. The “Offer and acceptance model” is based on the court’s adopt the “mirror image” rule of contractual formation. Applying the definitions stated above, we can take this to mean that there must be a clear and unequivocal offer which must be matched by an equally

CASE SUMMARYPROCEDURAL POSTURE: Plaintiff filed suit against defendants alleging that the contract for the construction and sale of a home that was at issue in this case was void, invalid, and unenforceable. Plaintiff also alleged that he was entitled to rescission and cancellation of the same contract. Defendants filed a counterclaim for specific performance of the contract of sale. Plaintiff moved for partial summary judgment and demurred to defendants ' counterclaim.

If you were bitten and injured by a dog in the state of Washington and you aren’t sure if you could press charges, there are some important facts that will pertain to your case. Washington has strict liability laws, and every dog owner must be responsible for their own pet, and must take liability for anything that their dog does. The incident must have happened within 3 years of the time that you file the case, or else too much time has passed and you won’t be eligible to press any charges. The more recent the dog attack, the easier it will be to press charges.

I represent Mr. Stan Smith, with whom you have corresponded about the unfortunate incident that occurred on July 25, 1955. I understand that Ms. Griffin has sustained injuries as a result of this accident and I extend my sympathies. Under the law, however, the circumstances do not rise to the level of tortious liability.

factory does not directly pay the additional cost to address any health issues or to assist maintain the cleanliness of the air or water. In some cases, on the other hand, the harmed parties can use legal measures to get compensation for damages (Frank, 343).

Envision a teenage girl fifteen years of age rushed into an emergency room in critical condition after a car accident. Having lost extensive level of blood, the surgeon is incapable of performing a blood transfusion due to negligent parents. Ultimately the doctors do consent to the transfusion, but only after the girl has experienced substantial organ failure. These instances of parental negligence and adolescent endangerment occur at distressing rates despite adolescents composing a substantial portion of American population. Adolescents warrant the right to medical autonomy as they posses the mental ability to do so, are in contact with startling levels of parental abuse, and their rate of disease.

An invitation to treat is the initial stage in a transaction in which one party invites the other to make an offer.

In general terms, negligence is "the failure to use ordinary care" through either an act or omission. That is, negligence occurs when:

The best model of jurisprudence describing a court's review of local zoning ordinances termed as the planning law suggests that some form of plan is necessary. The model draws heavily on administrative law doctrines to state that all gradual changes must conform to standards set out in the previous scheme. In this context, it means that the rezoning of residential land to commercial was contrary to the previous plan in the zoning ordinance. Moreover, courts apply the case of Fasano v. Board of County Commissioner that sets a precedent on the need to enforce conformity to a plan.

Contingent Liability is a condition that refers to the possibility of a future event happening and addresses the responsibility of the party liable should the event take place. In today’s real estate market both sellers and buyers may have contingencies stated in the terms and conditions for selling and purchasing a home. The most common contingent liability are guarantees to debt.

During this case regarding agency liability, basically, to summarize the events that had taken place, Lynne Meyer, a customer, had hit an employee, and the employee responded to this by displaying physical contact back at the customer. The employee was fired, and Lynee Meyer had sued Buy-Mart (the store).

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

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).

Contract is formed where there is an offer, an acceptance, consideration and an intention to be bound. An invitation to treat, on the other hand, is merely an invitation for customers to submit an offer. Although it specifies a willingness to contract, it is different from an offer in that it has deficiency of intention to be bound. Like a bid for public by government, this also requires pre contract agreement, negotiation and advertisement. (TransLegal, 2015)