Pros And Cons Of Contract Law

The particular focus of this essay is on how terms are implied. This is central because the courts intervene and impose implied terms when they believe that in addition to the terms the parties have expressly agreed on, other terms must be implied into the contract. Gillies argued that the courts have become more interventionist in protecting the rights of contracting parties thereby encroaching upon the notion of freedom of contract. The doctrine of freedom of contract is a prevailing philosophy which upholds the idea that parties to a contract should be at liberty to agree on their own terms without the interference of the courts or legislature. Implied terms can be viewed as a technique of construction or interpretation of contracts. It has been argued that the courts are interfering too much in their approach to determine and interpret the terms of a contract. The aim of this essay is to explore this argument further and in doing so consider whether freedom of contract is lost due to courts imposing implied terms. The essay will outline how the common law implies terms. The final part of the essay will examine whether Parliament, by means of a statute, or terms implied by custom restrict freedom in a contract. An overall conclusion on the issue will be reached.

“I located a stolen vehicle on 06/12/2016, at approximately 0930 hours at Copperstone Circle and Copperstone Court in Chesapeake, Virginia. The vehicle is a 2015 Dodge Charger with Virginia license plates of VEZ-1766. I took the initial report for the vehicle on 06/11/2016. It was assigned case #16-78080. I stayed with the vehicle and did not let it out of my sight. I notified FTO Noble that I had located the vehicle. He stated he was in route to the location. Prior to FTO Noble’s arrival Officer B. D. Baker arrived on scene and stated he had observed two black males that possible matched the

Wally, business owner of Windy City Watches is located in downtown Chicago, IL. Business is booming and Wally needs to buy a large quantity of Rolek watches which sell for $50 apiece. He calls Randy Rolek, the wholesaler located in Milwaukee WI. They discuss terms on the phone for a while before coming to an agreement in which Wally offers to buy 100 watches for $25 each. Randy sends over an order form in which Wally states that he is agreeing to purchase watches from Randy for $25 each, but does not include the quantity in which he will buy. Randy sends 50 watches the following week with a note included stating that he has sent 50 watches and will send the other remaining 50 watches within a few days but includes the bill for the full

I made contact with the vehicle bearing a Florida tag of HDCD43. I confirmed via dispatch that the vehicle was listed as stolen in FCIC / NCIC. I then attempted to make contact with the registered owner via agency cell phone with no results. I then went to the listed address of the registered owner and made contact with the owner and advised him that vehicle had been recovered. I provided the registered owner a courtesy ride back to the scene.

The operator of the vehicle identified himself as Roger Robert Romansky with a California identification card. I questioned Romansky who the owner of the vehicle is. He said it's a friend of his. When asked for his friend's name he said he wasn't sure. He asked the other occupant in the vehicle for his friend's name. The passenger said Brittney. I asked if they had a phone number for Brittney so I could verify that they are permitted to use her vehicle. Both males related that they did not

On Sunday, 04/29/2018, at approximately 1024 hours, I was in full police uniform, driving a marked Daly City Police patrol vehicle. I was driving south on Sullivan Avenue, north of the interstate 280 south on ramp. At that time my attention was drawn to a gray, 2015, Volkswagen, Passat bearing California license #5TUF434. I saw the vehicle was occupied by a male driver and female passenger. I conducted a records check on the computer in my patrol vehicle and it revealed it was a stolen vehicle out of Oakland.

On 07/15/2015, at approximately 2305 hours, your Affiant was on routine patrol on Main Street (SR924) when I observed a silver Chrysler sedan parked in the One Hundred Block of South Main Street (westside of the street) near the intersection of Oak Street. The vehicle displayed a Pennsylvania registration of JRJ-5342. The registration was checked utilizing the Pennsylvania Department of Transportation vehicle record abstract which revealed that the license plate was assigned by the department to KYLE ROBERT & SARAH LYNN FOGARTY for a 1998 Chevrolet. I then verified the status of KYLE and SARAH FOGARTY'S driving licenses both of which were suspended by the Department of Transportation.

Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and

At approximately 1640 hours, on February 5, 2016, a male subject went to his girlfriend father’s residence on Co-op Road East, in the Hampton area of Hampton County and took a vehicle without permission. The vehicle was a white 2005 Malibu. The complainant, William Nix, made allegations that the subject, Jennife Walling, did not have permission to take the vehicle off of his property.

While on patrol, I observed a black Dodge Charger traveling north on US-231 N. After running the tag through my computer and confirming the tag through dispatch I was reveled to me that the tag was registered to a Chrysler PT Cruiser. I then engaged my emergence light and performed a traffic stop. I approached the vehicle and asked the driver for the vehicle tag receipt. The driver, later identified as Ryshawn Green stated that she did not have the vehicle's paperwork. I asked her if you knew the owner of the tag and where she got the tag. She stated that she did not know the owner of the tag and that her father had the tag put on the vehicle. The tag 6AA2470 was registered to a silver Chrysler PT Cruiser owned by Elnora Eutsey of Clio

On Sunday, November 5, 2017 at approximately 7:26 AM, I, Officer Raul Marrero and Ryan Holroyd were dispatched to 820 SE 9th Ct, in reference to a suspicious vehicle complaint. Dispatch advised of a white Pontiac car that was parked in the driveway. The complainant/homeowner, James Robert Caves Sr., didn 't know who the vehicle belonged to.

Social contract denotes that a government or sovereign body exists only to serve the will of the people because the people are the source of political power that is enjoyed by the entity. The people can choose to give or withdraw the power. Not all philosophers agree that the social contract creates rights and obligations; on the contrary, some believe that the social contract imposes restrictions that restrict a person’s natural rights. Individuals who live within the society gain protection by the government from others who may pursue to cause them injury, in exchange, the citizens, must relinquish individual liberties like the capability to commit wrongdoings without being reprimanded, and they should contribute to making society

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).

would give 100 £. The company then deposited 1,000 £ in a bank to show

Contractual agreements are supposed to be consensual, and freely entered into by the parties involved. Therefore, ‘before a court enforces a relationship as a contract, the courts must have a reasonably certain basis in fact to justify binding the parties to each other.’ (St. John’s Law Scholarship Repository, no date). Resolution of whether a contract was intended to be legally binding is not determined by what the parties themselves thought or intended. Rather, a more objective stance is taken by the courts. This is known as the objective theory of contract, and essentially enables ‘the courts to look at external evidence (what the parties said and did at the time)’ (Poole, 2006, p. 34), as to objectively indicate the parties’ intentions