Discharge of a Contract 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

Evidence of his wife’s adultery was presented at trial and the husband was granted a divorce on that ground by the trial court. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) The trial court also held that the separation agreement was invalid due to terms of unconscionability and constructive fraud or duress. Derby v. Derby, 378 S.E. 2d

On the 3rd of june, 1992, ten years after the land act fight , the High Court ruled by a six-to-one majority that the Meriam people held native title over Murray Island. The decision ended terra nullius an old english word used to describe a land that belonged to no other , and the introduction of the Native Title Act was formed (National native title tribunal,2017). Legal proceedings for the case began on 20 May 1982, when a group of Meriam men, Eddie Koiki Mabo, Reverend David Passi, Celuia Mapoo Salee, Sam Passi and James Rice, brought an action against the State of Queensland and the Commonwealth of Australia, in the High Court, claiming 'native title' to the Murray Islands (AIATSIS,2017).

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.

The heating plant was contained in a room approx. 16 feet by 40 feet in size, on the Shawmut Street Side. It adjoined the kitchen and it contents consisted of a furnace, fired by fuel oil from two 275-gallon storage tanks.

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

"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.

1. The issue is whether public school officials have the authority to perform strip searches of students in suspicion of hiding illegal drugs.

Lillard, Monique C., Fifty Jurisdictions in Search of a Standard: The Covenant of Good Faith and Fair Dealing in the Employment Context, 57 Mo. L. Rev. (1992)

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

1. For the following types of undertakings, which contract modes are most appropriate? Be prepared to explain the rationale behind your choice.