The Nature of Contracts in The Merchant of Venice Essay

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.

“Be ruled of me, forget to think of her.” (Act 1, Scene 1. Pg. 25.)

Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also

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

When Andrew Jackson was denied presidency in 1824 due to “the corrupt bargain” between John Quincy Adams and Henry Clay, he was furious at the lack of democracy in the election system. He became determined to institute a new age of genuine democracy in America where the voice of the people wouldim being monarchal, Andrew Jackson was a very democratic president evidenced by his drive to give the people more representation and also his attempted transfer of power from the few to the many.

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

One of the strengths of good theater is its ability to mirror the problems and conditions shaping its time. In The Merchant of Venice, William Shakespeare reflects two important aspects of Elizabethan society: the corrupting influence of prosperity and the increasingly vengeful nature of Venetian justice. To address the former issue, Shakespeare downplays the importance of wealth by associating its involvement in romance with superficial and insubstantial advantages. He characterizes prosperity as a deceiving agent, citing its ability to introduce shallowness into a relationship. Shakespeare reasons that genuine romance depends on sacrifice and emotion, not wealth. The problem with justice is equally striking. In the play, justice is

Antonio describes Shylock as a devil in disguise, because the devil Also tried to trick Jesus using the bible. This conveys to the the reader, that Antonio thinks that Shylock is a wicked person, guided by his own self-interest. He even goes to the extent of saying that Shylock is an evil soul, producing holy witness, just to get what he wants. The use of the simile, “A goodly apple, rotten at the heart.” Tells us that Antonio is warning Bassanio that what may seem nice and good on the outside, could be bad and evil on the inside. This is the first instance we see Antonio show a bit of resentment towards Shylock. After seeing what these two men have said about each other, it is no surprise that one of them is Jewish(Shylock) and the other a

First, we see Antonio, a soft-hearted and morose Christian gentleman whose riches cannot provide him the fulfillment that others deem appropriate. He is sad because he lacks love. To fulfill that love, he assists Bassano in his own quest to pursue love. Though usually depicted as a homosexual relationship, it is a portrayal of love between friends or brothers, another type of bond. This act of bonding puts Antonio in gracious light. He helps his loved one by borrowing money from Shylock and pawns his life to strengthen that bond. This reinforced bondage reflects Antonio’s selflessness, God-like quality, and most importantly Christian morality.

Rings are significant to the narrative of The Merchant of Venice for several reasons. Firstly, as symbols of love, wealth and power. Secondly, as a means through which Portia gives and then regains control of herself, her weath and power and finally, the theft and sale of Leah's turquoise ring acts as a source of sympathy towards Shylock and allows him to parallel the Christian husbands, Bassanio and Graziano.

Interestedly, instead of Shakespeare using the word bond as a way to tie Portia and Bassanio and their undying love and promises. We find Bassanio discovering out about Antonio’s situation in a letter telling Bassanio about his lost ships and Shylocks intentions of taking his pound of flesh. The news incites a since of guilt from Bassanio which prods Portia to offer and pay twenty times the original sum. After reading the letter aloud to Portia she suggests Bassanio go to his friends aid and go back to Venice by his side. (3.2.314)

Lillard, Monique C., Fifty Jurisdictions in Search of a Standard: The Covenant of Good Faith and Fair Dealing in the Employment Context, 57 Mo. L. Rev. (1992)

This shows how Shylock is shrewd, by playfully suggesting the forfeiture of the bond which is actually a cunning plan to murder Antonio with the law on his side.

Shylock is introduced as a greedy villain who craves nothing but revenge. The play begins with Antonio in need of three thousand ducats, he then turns to

On the formation of the Social Contract Theory has a long history, many people have formed Social Contract Theory has made a great contribution. Thomas Hobbes as one of the representatives of Modern Social Contract Theory, his departure from the theory of human nature, to a fictional state of nature as a starting point, put forward the basic principles of natural law, natural rights, and then through the Social Contract Theory, the establishment of his country theory. Thomas Hobbes certain extent, played a significant role, for people to bring enlightenment. But his theory does not apply in all cases; we need to analyze different aspects of different problems. In this essay, I will describe the Social Contract Theory, and explain the problem of how do we get out of the State of Nature raised by Hobbes Game. I explain the idea of cooperation that Thomas Hobbes can give to this problem, and then argue that this is not a satisfactory response to the problem for three reasons.