Electronic Codes And Its Effect On A Small Business Entity

Consumer Products Safety Commission (2001) Fireworks Business Guidance Retrieved on August 24, 2014 from https://www.cpsc.gov/en/Business--Manufacturing/Business-Education/Business-Guidance/Fireworks/

Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.

Another import issues are the contracts. There are 5 basic elements to a contract: Offer, acceptance, Consideration, Legality and Capacity (Rogers, 2012). Other retailers stated to the owner of Acme Fireworks that they wanted a certain amount of orders filled on a regular bases for an undisclosed time frame and a price was agreed upon, this is the acceptance and offer portion of the contract. The offeror, which in this case are the large retailers, makes an offer which once accepted by Acme Fireworks, creates a binding contract. Acceptance must be in some way agreed by all participants; it may be verbal, symbolical, oral or written. The came from the retailers, they had a want from Acme to manufacture a product for them at a certain cost (Stim, 2010). Consideration is another element of a contract and what consideration brings to the table ask the whys and what’s: Why are we entering the contract and are you receiving? In this case Acme gets more money by being able to produce its products and grow their brand and the other retailers receive fireworks from Acme. However in this instance the owner of Acme may have taken on a task bigger than himself. This is a company with only 15 workers and to fill the orders with the new retailers, more employees need to be hired. Not only do they need to be hired, but they

Working with contracts requires having an excellent comprehension of the two main bodies of law: Uniform Commercial Code (UCC) and the common law of contracts, which oversees the policies and purposes of contracts. Understanding the differences between the Uniform Commercial Code (UCC) and the common law, will result in a huge difference in the outcome of a contract dispute. These disputes include "collecting punitive damages, discharge or modify a contract, being able to sue under a breach of contract, and whether there was actually a legally recognized contract at all." (Denton, 2015, par. 1).

The assignment will provide detailed information using case laws and a report around the main elements of a contract. These case laws will include:

To gain a better understanding of sales contracts, Article 2 of the Uniform Commercial Code outlines the rules and procedures to follow when dealing with contracts. The UCC defines and requires certain standards in the world of contracts for sense of integrity if their formation and performance. When looking to the parol evidence rule, statue of frauds, good faith, and unconscionability, these requirements do exactly what the UCC has initially intended.

In the contract analysis of Case Study 2, we find what looks like a legal and ethical issue at play. This analysis will cover answers to the following questions:

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.

The Uniform Commercial Code has been one of the standards for doing business in North Carolina since 1965. Over the years, there have been changes and modifications to the originally adopted code; but, it is important to note that the basics of justice and fairness to all parties involved, have remained the same. As important as the UCC is to commerce today, it is by no means the only law governing business. Prior to the adoption of the UCC, the legal authority for just about every aspect of life – business or personal—has been Common Law. Although the UCC encompasses the ways of commerce today, it is important to remember that business thrives on contracts and Contract Law is still a major portion of Common Law. It stands to reason that each is just as important as the other when it comes to the standards of doing business.

Uniform Commercial Code (UCC) entails many underlying laws and requirements governing it in trading within a country and internationally. The international trade part has in recent years raises the question as to whether states should change the laws or not. The current laws can bring about many issues causing the downfall of many large businesses. This makes it hard to conclude on the effect of U.C.C. on international commerce coming along with many factors depending on the side it leans more. Common law, on the other hand, is a legal system that involves matters such as jury trials, and presumption of innocence.

Due to the different roots of the two systems, the definition of a contract, as well as its formation, differ between contract law in Common Law Jurisdictions and in Civil Law Jurisdictions (France). The Common Law views contracts as bargains, exchange, a simple agreement has no binding force. It is mainly concerned with forecasting the impact and the binding legal consequences of a party’s promise. The structure or purpose of the contract is not as important as knowing whether the promise of performance that the contract is based upon is enforceable.

To address the first concern the owner’s contract should be Uniform Commercial Code (UCC) rather than Common Law due to the following:

Contracts are used in many different forms and for just as many different situations within our everyday lives. Some contracts are more involved than others and for some; contracts are an essential of their success. As we continue, we will take a look at different types of contracts with the main focus on enforceable contracts. With so many elements that are incorporated into any contract, the six essential elements of enforceable contracts will be the main focus of this writing. Having a clearer understanding of the essentials of life will help prepare us for life’s curves that may come our way.

The legal aspect of every contract in business requires critical analysis for every term in accordance to the specifics upon which both parties are involved. The reason for analyzing such terms carefully is because it can become a crucial part in determining the decision making when addressing any business problem. This is generally more important from the perspective of the company management because some situations can result in high intensity and significance for the company. Analyzing the terms of a contract will help avoid any inappropriate or insufficient conclusions when presenting a final resolution in times of a dispute.

Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.