Legal Journal Assignment Jesus Cabral Legal Environment of Business GTU310-OT1 Dr. Carson August, 16,2016 Brandman University Introduction Advice from friends, a superior at work or an acquaintance for personal or legal situations or business legalities ought to be taken for its substance; little value. Lawful guidance can be given by an attorney/lawyer, and legal information can be given by friends, family or even employers but it is just as stated “information” to not be steered in any course. This paper describes circumstances when advice was given by an employer to the researcher and could have landed the researcher in financial liability. Can anyone give you and me legal advice and if so, what is legal advice? …show more content…
The answer is no! Adult Americans conduct agreements in the form of contracts. The legalities prior to the agreement are typically where we get into trouble and seek advice from friends or family members. What must be fulfilled for a contract to be valid? According to (Patterson) the following is necessary: It must be based on mutual agreement by the parties to do or not to do a specific thing (2013). In the event that a friend or family member gives advice without understanding the definition of duress, and the party contracting with you claims duress, then, the contract may be void and criminal charges may be brought to you or me. Just what is duress? Let’s understand the meaning of mutual contract first; The word mutual is very clear as to its insinuation on a contract, thus it must not be made under duress. The definition of duress according to (Duress, n.d.) is the restraint or danger, actually inflicted or impending, which is sufficient in severability to deprive a person of free choice (n.d). In other words, the parties must reciprocally agree without being forced into contracting by threats or bodily harm. Accordingly, why is this important to the researcher and each of you? Well, it is imperative to comprehend and be cognizant of the intents and verbiage a contract may comprise, subsequently a
Duress is a logical extension of principles of contract, particularly relating to consent and the intention to create a legal relationship. This is because a person cannot technically be said to be giving his actual consent to a transaction if he is forced to enter it; as such, the person cannot be said to have consented to the transaction. Furthermore, a person cannot be said to intend to create legal relations if he enters into a contract forcefully. As such, the courts have held felt that duress has a similar effect to fraud; as “whether it springs from a fear or from a belief, the party has been subjected to an improper motive for action.”
The difference between statutory law and common law is that statutory law is a written law where common laws are based on any prior court decisions and are legal binding. For statutory laws the government, state, and local agencies issue written statutes and regulations which eventually become part of statutory law, as for common law it is prior case decisions and rulings that are followed unless a judge finds a big difference in the between the previous case and current case.
Assignment ONE: Consider Burma (named Myanmar by its military rulers). What political rights do you have that the average Burmese citizen does not? Post your response.
A contract is a legally obligatory promise or set of promises (Bagley, C. 2013). If this promise is broken, either party involved can be legally responsible and take the other party to court. There are four basic elements in the creation of a valid contract. The first consist of an agreement between the parties involved, by an presented offer and acceptance. The second states that the parties’ promises must be supported by something of worth, known as consideration. The third advises both parties must have the ability to enter into a contract. The fourth element states the contract must have a legal purpose (Bagley, C 2013).
The plaintiffs are seeking an injunction, an equitable remedy, to prevent the state of California from enforcing its statute restricting carbon dioxide emissions.
In this task, Customer of Legislation, I will discuss the five main acts of parliament that the legislations are made for the business. The legislation is a law, which there are five for businesses, which everyone must follow the law, however, the ideas of Laws in a business are made by the government to make sure customers of a business are protected from a business by the five Acts of Parliament. These Laws of parliament will make sure the Business follows the rules for customer’s protection purposes. However, if they don’t follow the rules, the customers could be harmed; the businesses must be honest to customers; the business must not take advantage of customers.
While discrimination in the workplace based on sex, race, national origin, and other such characteristics can certainly lead to wrongful termination, those types of claims are usually classified as a separate legal topic known as Title VII law (because they are based on protections found in Title VII of the Civil Rights Act of 1964). Companies may not terminate their employee because of their nationality, color, race, gender, religion, age, disability, or pregnancy. For the most part, companies have policies set up to which they must abide to when wanting to terminate an employee. The employment status of the employee
A legal contract arises when there is an offer, acceptance of that offer and also a sufficient consideration to make the contact valid. There are five essential elements that make a contract legal and these includes;
The library will not provide patrons with legal, medical, or financial advice. The librarian will not provide patrons with opinions or hypothetical information, but will provide definitions and quote directly from the source itself. Staff can also provide the source and copyright date for legal and medical information if needed.
Contracts can be defined through promises between parties that are enforceable through law. We know that both parties agreed verbally, an oral agreement was made to hold the car for one day with a hundred-dollar deposit and Stan agreed to the terms that the deposit was refundable. Contracts can be in in two form which are written or oral. Based on the elements of contracts, many fundamentals factors are considered mandatory to form a contract that is binding on parties and are primarily outlined through the following:
The four elements of a valid contract are offer and acceptance, meeting of the minds, consideration and competent parties. The contract must cover a legal purpose or objective as well (Binder, 2012). The objective theory of contracts holds that contract formation is dependent on what is communicated, rather than what is thought by one of the parties (Barnes, 2008).
Assume that you are the supervisor of an employee who has been accused of sexually harassing a fellow co-worker. What steps would you take to handle the situation? What are the potential legal issues of which you must be cognizant? How would you help your company avoid a potential charge of discrimination (by the employee bringing the internal charge) and/or retaliation (by the individual charged with the alleged violation)?
In order for a contract to be formed, there are various requirements. These are offer, acceptance, consideration, and the intention to create legal relations. A contract may also be terminated.
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.
The purpose of this report is to understand the meaning of the fair trade act(1986),health and safety act(updated April 2016), consumer protection act and treaty of Waitangi, and how these act implemented in PIZZA HUT. The scope also looks at strategies to promote and incentivise compliance. Its limitations are that some information is confidential so, assumptions can make about the company.