Legal Analysis Of Contract Case Study

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.

This discussion board post will respond to various questions regarding the Contracts Analysis Case Study involving Marshall Petersen and his local health food business from a

Most time, acceptance would be made in clear and loud matters, such as saying “Yes, I accept.” But silence would constitute acceptance of an offer where the common-law and statutory law allows. Supreme Court of Nebraska has confirmed in Joseph Heiting and Sons v. Jacks Bean Co that acceptance may be established by silence or inaction of an offeree and acceptance occurs when the buyer/offeree “does any act inconsistent with the seller/offeror’s ownership...” Neb. U.C.C. section 2-606(1)(c). In Joseph Heiting and Sons v. Jacks Bean Co, 463 N.W.2d 817, 236 Neb. 765 (Neb.,1990), Heiting (Plaintiff) offered to sell its beans at the posted price on September 30, 1987, but was never informed of acceptance or rejection of the offer. Heiting and Jacks

In the Valencia case the minor entered into a contract crucial to the operation of his trucking company. At the

* Minors are defined as individuals under the age of majority to contract. This is the age at which a person is entitled to the management of his/her own estate (18 in most states).

There are many ideas about the correct basis for contractual obligation. They include promise, consideration, and cause. All jurisdictions follow at least one. In Thomas E. Davitt’s The Elements of Law, the author articulates a very credible argument for the basis for contractual obligation being one of those named above. Davitt simplifies the arguments for all of these and names one correct basis: the promise itself. Generally Thomas E. Davitt, S.J., The Elements of Law, 272 (1959). This paper will argue in favor of Davitt’s writings. The basis for contractual obligation is the promise itself. In order to effectively argue in favor of one basis over the possible others, it is necessary to discuss and rule out the others.

Minors, who become emancipated, that is, no longer under the control of their parents, are responsible for their contracts.

In place are laws of binding contracts to protect ones such as the 12 year old.

1. Competent parties. A court will not uphold a contract entered into by parties the law does not believe have the capacity to take on such a legal responsibility, such as minors or people who are mentally incapacitated.

Marshall received a signature on a contract from a seventeen year old minor in which he hopes to enforce. From a legal standpoint, minors have a limited ability to enter into contracts. The seventeen year old minor employee can void the contract he signed at any time. Minors have the option to do this because of laws made to protect them

Honoring a contract is a requirement in law, an issue that pop artist Kesha is dealing with now. Kesha signed a contract with Sony Music for six studio record albums at the age of eighteen in 2005. Dr. Luke is her former producer that she has been with since the signing of the contract. Kesha is suing Dr. Luke for sexual, physical, and emotional abuse, and wants out of her contract with Sony. Both parties are taking their own precautions and suing one another for their own benefit. While Kesha is suing Luke for multiple counts of abuse he is countersuing her for breach of contract and he wants the judge lawsuit that Kesha put out on him. Kesha’s request to get out of her contract was not nullified because both parties went through the

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

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

Tech Ltd hired extra electricians and worked longer hours to complete the installation as agreed on 20th December.

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.