Wedding Dress : A Legal Contract

3. NuTech Company agrees to sell computer equipment to Office Stores, inc (OSI) for OSI to make to its customers. Their construct will be unenforceable if it does not include: the quantity of the goods.

Contract law is relatively consistent regarding whether a contract was actually made and whether the parties involved can be legally held to the contract or not. This is primarily due to the fact that contract law proceeds from law handed down from centuries of civil and common law cases. Basically, two parties have to agree to the terms of the cited contract, after the offer is made and accepted (both parties have had time to review and make changes to the contract, although this process does not always occur), and they have either orally agreed or signed some form of written contract. It can be argued in a court afterword that there was not sufficient consideration or that one party coerced the other into an agreement, but these are usually handled at the signing of the contract. This process is time honored and, as said, has been in place for a long time. But, new types of contracts occur at times and they have a different sort of accounting by the courts. One of these types of contracts is that generally called prenuptial, antenuptial or premarital (Standler, 2009). This paper looks at prenuptial agreements and using the case of Simeone v. Simeone tries to determine some of the pros and cons of treating these agreements more like regular contracts.

Within a contract consideration must be made to the creation of the contract. The terms of the contract define the obligations of the parties. It is by analysing the terms that you can find out what has to be done to discharge those obligations. For example in Cehave NV v Bremer Handelsgesellschaft mbH [1976] QB 44; [1975] 3 All ER 739, the buyer Cehave did not want to accept the delivered goods because they were not in ‘good condition’ although they were in satisfactory condition to perform their purpose which was to be used as animal feed.

The contract was to govern the business relationship, and the terms were expected to be adhered to by both parties. According to the contract, the supplier was supposed to supply me with the products during the time of agreement without failure unless under unavoidable circumstances. Any condition that prevented delivery of products on the dates scheduled, the supplier was expected to provide a reason for the delay and if possible give the estimated time of delivery. The prices of the products were expected to be fixed, and no additional charges or price adjustments were to be made without my consent and that is after negotiations between the two of us. Also, the products were supposed to be delivered in exact quantities, location, and on time.

This case illustrates the presence of conditions precedent, implied conditions, substantial performance, and breach of contract (material).

There are six elements to determine if there is a legally binding contract between the offeror (Elvis Eggplant) and offeree (Mr. Manfredi). Elements for a legally binding contract are intention, agreement, consideration, legal capacity, genuine consent and legality of objects. Based on the information given in this case Mr. Manfredi and Elvis Eggplant have entered into a legally binding contract. Both parties had the intention to agree for a legally binding commercial contract. Mr. Manfredi accepted the offer from Elvis and paid money to buy the café.

P2 EXPLAIN THE LAW IN RELATION TO THE FORMATION OF A CONTRACT IN A GIVEN SITUATION

A contract comes into existence with the initiation of an offer made by one party, which in turn should be ‘accepted’ by the other party. The element of offer and acceptance thus initiate the legal process of the formation of a valid and binding contract. The significance of acceptance with respect to the contract laws stems from the fact that the proposed offer must be accepted by the promisee and forthwith be communicated to the promisor. Together offer and acceptance create a promise which can

Hence, why the Uniform Commercial Code has been adopted in part in all 50 states to guide a wide range of commercial codes, and in it this case relating to Article 2 that governs contracts of sales and goods. These contracts are to be executed by all parties in good faith (Kubasek et al., 2016). The UCC implied duty as it relates to good faith and fair dealing conveys that neither of the contracting parties will impede or disrupt each other from receiving the fruits/benefits of the agreement (California Law Review, 1985). Therefore, why the UCC requires sales contracts to be in writing to reflect the contractual intent, and in the event of a breach the law can give a remedy for non-performance of contractual duty. Meanwhile, the most common way that sellers breach contracts is failure to deliver goods (Kubasek et al., 2016). The requirement contract that was signed by the Grape Producer’s son outlining the basic obligations and terms reflected by the offeror (me) and an acceptance signed by the offeree (the son or agent of the Grape Producer) was never counteroffer, repudiated or even rejected, consequently, ratifying the perfect tender rule to ship the requested conforming goods of this current bilateral contract (Kubasek et al., 2016). In the natural, a contract is an agreement to fulfill a promise and when the promise is not

Term may be implied by custom. Here it is suggested that a contract must always be examined in the light of its surrounding commercial context. So the parties automatically assume that sometimes their contract will be subject to the customs of a particular locality or trade and therefore do not deal specifically with the matter in their contract. One of

A Contract requires several elements in order to be considered enforceable. However for the purpose of this essay we would explore one of these elements in order to effectively understand the controversial cases of Williams v Roffey Brothers and Nicholls (contractors) Ltd (1990) and Stilk v Myrick (1804). Before going any further one should briefly understand the doctrine of Consideration. Despite the vast amount of content written, the doctrine of consideration is still to this day unclear due to the inconsistency of the courts and its application of necessary rules. Consideration refers to that which the law deems as valuable in that the promisor receives from the promise that which was promised. In other words, it is the exchange of something of value between the parties in a contract. One should be mindful that in English law, every promise may not be legally enforceable; it requires the court to distinguish between are enforceable and non-enforceable obligations. This brings us to the controversial cases of Stilk v Myrick and Williams v the Roffery brothers. Many argue that that the case of Williams was wrongly decided leading to impairments in the rule initially established in Stilk v Myrick. This essay seek to analyse and critique the cases of Stilk v Myrick and Williams v Roffey Brothers and also highlight whether or not the new rule of Practical benefit lead to serious impairments in later cases.

Under Section 12(4) which provides that “whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition though called a warranty in the contract”. Therefore, every contract is to be assessed in the light of circumstances including intention of the parties and also terminology used in the construction of the contract.

The legal aspect of every contract in business requires critical analysis for every term in accordance to the specifics upon which both parties are involved. The reason for analyzing such terms carefully is because it can become a crucial part in determining the decision making when addressing any business problem. This is generally more important from the perspective of the company management because some situations can result in high intensity and significance for the company. Analyzing the terms of a contract will help avoid any inappropriate or insufficient conclusions when presenting a final resolution in times of a dispute.

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.

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