Nature Of Agency Video

CASE 1: John purchased a computer from Gateway, Inc. He noted upon starting it up that he had to agree to a number of provisions in the contract of purchase in order to continue his initial installation. The program indicated that if he did not wish to agree to the terms, he could return the computer to Gateway at Gateway's expense. One of the provisions requires that any disputes arising under the contract agreement be submitted to binding arbitration for a resolution.

In our recent negotiation, my partner Dave and I assumed the roles of Alan Hacker, a computer software developer, and Alan Hacker’s lawyer. Being the lawyer in the negotiation my objective was to avoid litigation with my client’s partner Stanley Star and to aid in the continuation of my client’s co-owned company HackerStar. In addition, I would assist Hacker in coming to an agreement that would be satisfying for him both personally and financially. I felt that Dave and I presented a reasonable argument on Hacker’s behalf and, since I was able to apply some of our class readings during the process, I was overall pleased with the outcome.

They also agreed on the quantity of goods to be sold and the pricing of the goods. Since the parties admitted to these things, K.S.A. 84-2-201 did not prevent the contract from being enforced.

The first element of a contract is the agreement, which is defined as including an offer and acceptance of the offer. The offer must include an intention to be bound by the agreement, reasonable terms, and communication (Kubasek, 2012p. 324). In the verbal discussion between Sam and the store manager, there appears to be an attempt to form a bilateral contract because the store has promised exclusivity to the dog barking device, and Sam has offered to deliver 1,000 units. The verbal interaction shows an intention and communication of agreement to the contract. However, the terms are not fully defined in this agreement. Specifically, the

The offer was made with the intention to create a legal contract that protects all sides of the bargain.

These are the 4 main elements of a contract, and a contract will not be valid without these.

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:

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

In order for a contract to be considered valid four elements must be present, 1) Agreement 2) consideration 3) contractual capacity and 4) legal object (Kubasek, N. 2011 pgs. 304/305).. In Sam’s case of his invention, the first element, Agreement, certainly exists. Sam had made a verbal “offer” to deliver one thousand units to the chain store, and the stores letter to Sam demanding delivery of the product can be considered an acceptance of his offer. The second element of a contract is the consideration or the bargained for exchange under the contract (Kubasek, N. 2011 pg. 343). While one might assume that in this situation each party had agreed to exchange something for others services, there is no evidence

Competent Parties; Agreement (Offer & Acceptance); Consideration; Lawful Purpose; and final the Form. Identification of these elements in court case Keunzi v. Radloff 34 N.W. 2d 798 (Wis.1948).The parties are Keunzi v. Radloff; The agreement (offer & acceptance) starts from paragraph 2 (Dear Sir, I wish to confirm…. End the industrial commission). Then it starts from accepting O.A. Krebsbach H. Radloff until the proposed building. After that the consideration starts from on April 11, 1946, application until the following letter from the Radloff. Then comes the lawful purpose that starts from Upon the facts, it appears until the Civilian Production Administration. Final the form starts from the defendants from time to time during the preparation of the plan until the plan was completed and delivered to the defendant, Radloff.

for it to qualify as a proper contract in the eyes of the law: offer

The issues arise in Andrew’s case are related to concepts of offer and acceptance and promissory estoppel. If a strict adherence to the rules on offer and acceptance is adopted, it is necessary to determine when the contract was formed.

This paper will discuss the four elements that make up a valid contract and the objective theory surrounding contracts. This paper will discuss how the objective theory applies to the Leonard v. Pepsico, Inc. case. The paper will also discuss how the court reached its decision to claim that there was not a valid agreement made between the two parties, and it will discuss why all advertisements are not considered offers.

Most of the actors in the film industry sign commercial deals with several agencies, as a way of maximizing their exposure. Having worked with several agencies across the world, it is a noble decision to give Exposure Acting Agency effective ideas on how they can maximize their business potentials, thus growth and development of the industry. Exposure Acting Agency needs to consider several factors that drive business growth and development to be providing quality services and products. The company had been in the market for over two years, but its decline in profits can cause its closure.

ANSWERS TO QUESTION 1 OF CONTRACTS EXAM Exam 5003 – AThe letter sent by B was an offer. An offer may be defined as a communication, having sufficient definiteness to eliminate the need for further negotiation, and creating the impression of manifest intent to enter into a K. An offer may be made to the general public, as in a mass mailing or advertisement, or to an individual. The letter was sufficiently definite. It provided the description of the product, a price, and a quantity. The quantity, while not particular, first created the impression of a great many pieces available. Second, it operated as an offer for a requirement K by UCC 2306. Such a requirement K need not be explicit in the quantity; it is