Assignment 11 Notes 1 Page 415 • In Restatement terms, how did the agreement in Masterson differ from that in Gianni? The Gianni agreement was in writing and the issue in this case was is there an enforceable oral agreement. The courts ruled that under the parol evidence rule, “Where parties, without any fraud or mistake, have deliberately put their engagements in writing, the law declares the writing to be not only the best, but the only evidence of their agreement.” Any preliminary negotiations and verbal agreements are superseded by the written contract, and no evidence of such other verbal agreements is to be considered by the court. In the absence of fraud or mistake, a written agreement is the only evidence of the agreement between two parties. The Masterson agreement wasn’t entirely agreed to in writing therefore the issue in this case varied substantially from the one Gianni addressed. The issue in this case was whether the parties intended their writing to serve as the exclusive embodiment of their agreement. When only part of an agreement is incorporated parol evidence may be used to prove elements of the agreement not in the writing. • How did the dissenters in Masterson differ from the majority? The majority opinion undermined the parol evidence rule, rendered suspect instruments of conveyance absolute on their face, materially lessened the reliance which might be placed upon written instruments, and opened the door to new technique of defrauding
In the Hoffman Vs. Sun Valley Company case, where the Sun Valley Company won, despite there being an oral agreement. The prerequisite memorandum form for the sale of the Rudd Mountain property, was not signed to fully close the deal. Thus, the oral agreement was declared void by failure to comply with the statute of frauds.
Contract law is relatively consistent regarding whether a contract was actually made and whether the parties involved can be legally held to the contract or not. This is primarily due to the fact that contract law proceeds from law handed down from centuries of civil and common law cases. Basically, two parties have to agree to the terms of the cited contract, after the offer is made and accepted (both parties have had time to review and make changes to the contract, although this process does not always occur), and they have either orally agreed or signed some form of written contract. It can be argued in a court afterword that there was not sufficient consideration or that one party coerced the other into an agreement, but these are usually handled at the signing of the contract. This process is time honored and, as said, has been in place for a long time. But, new types of contracts occur at times and they have a different sort of accounting by the courts. One of these types of contracts is that generally called prenuptial, antenuptial or premarital (Standler, 2009). This paper looks at prenuptial agreements and using the case of Simeone v. Simeone tries to determine some of the pros and cons of treating these agreements more like regular contracts.
Thomas Jefferson used the Mississippi River to transport goods to the port at New Orleans. At the time Spain was controlling the Mississippi River and New Orleans and was threatening to close the port. To keep Spain from closing the port in 1795 Thomas Jefferson decided to make a treaty with Spain called the Pinckney Treaty. It guaranteed them the right to use the Mississippi and the New Orleans port. They would keep their goods there until they could put them onto ships to go to the east.
The Webster-Ashburton Treaty was an implemented compromise which served the purpose of creating Maine’s boundary, and resolved the Caroline Affair of 1837. This Treaty was economically (WXT) significant for the U.S. because it gained an iron ore in Minnesota, as well as more land than England in
Most contracts are valid despite the fact that they may be only oral. Dan was knowledgeable that Pat wanted to buy a home, which she was not financially qualified to purchase. Consequently, he offered to purchase the home and sell it to her, when she had the capital to do so. The statement of Don to Pat, “When you come up with the money, I will sell the home to you for $250,000, plus a fair commission to be determined”, and Pat’s search and identification of a suitable home, and Dan’s purchase supports each intent to be bound.
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
1. The founding of the United States was was so phenomenal because the nation rose above such a strong power, being the British Empire, and no other nation in the era of the 1700’s gained independence that has still survived to this day.
Compromise—that means to come to an agreement, a settlement that brings peace, but not without some discomfort for both sides. This compromise is hopefully long-lasting and satisfying to both sides and brings with it a rest. The Compromise of 1850 sounds like exactly that, but there is more to this compromise. This “compromise” came when there was much dispute about the future of the western lands recently acquired from the Mexican government—California, Utah, and New Mexico. The Southerners of America wanted the states entered into the union as slave states, while the Northerners wanted them entered as free states. When this issue became more heated and continued to escalate, "The Great Compromiser,” Mr. Henry Clay himself, came out of retirement to do “his thing” and create a compromise. He proposed that California would enter the union as a Slave State and Utah and New Mexico would enter as neutral, being neither a slave nor free state. Parts of both the North and the South hated and liked this plan. Some misanthropists in the South threatened to secede from the union and while the majority knew that to be rubbish at the time, it did eventually come true with the start of the Civil War. The North wanted to see slavery come to an end and were fighting tooth and nail to see that through. After months of debating and changes made to Clay’s compromise it was eventually put into action. There was still unrest in both the North and South, and the compromise only
The topic of my propaganda poster is the Lateran Accords, these accords game the church their own country. Mussolini gave the Pope the city of the Vatican to get on the pope’s good side. This wasn’t the only thing Mussolini did to gain the pope’s trust. Mussolini shut down many nightclubs and wine vineyards. He even baptised his children and got married under the Catholic church. Mussolini looked at the Catholic church as an army of 400 million scattered around the world. If he got the church to accept fascism then he could draw many other Italians and catholics to accept their message. This accord also meant that the Pope favors Italian Fascism and allowed many people to embrace it
Every contract is based on the concept of agreement. A contract is defined as a legal agreement consisting of exchange of promises which is recognized by law as giving rise to enforceable rights and obligations. The test of agreement is used to ensure whether or not there is a contract between the parties. Whereas the objective test ensures certainty, the same cannot be said about the subjective test of agreement. The objective test of agreement is when the court decides whether there is contract based on the outward appearance of what constitutes the contract. However the subjective test of agreement involves trying to establish whether there was a “meeting of minds” when the contract was made. That is, to try to figure out the mental state of mind of the parties involved during the time the contract was made.
evidence with regard to the issue. The Supreme Court believed the respondent was denied due
The principle of law is that for a valid contract to be formed there must be an agreement reached by both parties.
Rule : : Contract formation requires mutual assent (offer and acceptance), consideration, and no viable defenses to contract formation.
Contractual agreement has always been viewed in terms of offer and acceptance. The universal principle to contract law has always been parties may get into an agreement in whichever way they deem fit and they are subject to certain terms as they choose. As far as legal requirements vital to their formation are binding contracts may be formed. Moreover a binding agreement may be manifested in terms of writing or in verbal form.
in criminal law and Beckett Ltd v. Lyons [1967] 1 All ER 833 the law