and Occupational Safety and Health Administration regulate the actions of businesses. There are six areas that legal issues would fall into. These different areas are contract, tort, property, agency, commercial, and bankruptcy. Contract Law Any written or oral legal pact between more than one persons is a contract. Contracts have six characteristics to be consider valid. The first…
explain each. 1: Acquisition of property involves giving land as a gift; adverse possession; deeds; lost, mislaid, and abandoned property; bailment and license. 2: Estates in land involve fee simple, life estate, future interest, concurrent interest, and leasehold estates. 3: Conveyance of interest in land involves estoppel by deed, quitclaim deed, and…
descriptive contracts to prevent many Americans from suffering the loss of their income. However, adequate people ignore the credibility and veracity of the contract that will risk their life and their income. Because of that, some people are forced to pay more taxes while others receive properties fairly. In two essays, Forty Acres & a Gap in Wealth by Henry Gates and The Broken Contract: Inequality & American Decline by George Packer, they both share the economic consequences if the contract…
To illustrate, in Jones v Lipman Mr Lipman signed a contract with Mr Jones to sell his land then he refused to complete the sale by build up a company. Mr Lipman claimed that the land at that moment belonged to the company rather than himself. The judge enforced the contract as the company was just a façade. Other examples such as an employee forming a company to compete with employer’s firm (Gilford v Horne) or…
Since an offer can only be revoked before an acceptance, Jack was only able to enter into contract with another party if Blair and Chuck had not already accepted the contract. However, as the letter was posted on the 21st, according to postal acceptance rule, acceptance will be complete when letter is posted, even if acceptance is lost in the post and offeror never receives it, there is a contract on the date of posting. This was developed on the basis that an offeror who is prepared to accept…
derived historically from England regulates the interactions of society and its citizens, ranging from planned (contract) and unplanned (negligence). The law itself implies elements for a contract to be valid and for a negligence claim to be successful. Both statutory protection and common law provide stakeholders with remedies. Overall currently Australian contract law is governed by contract law which itself is derived from the high court. Recent efforts have been made to simplify this area of…
elements, value and exchange which decide whether the consideration is valid or not (Beatty & Samuelson, 2013). To have value, both parties must get something of value from the contract that is able to be measured (Beatty & Samuelson, 2013). In the case of Kim v. Son, Son was not getting anything from the contract of measurable value. Son was going to try to repay Kim back the money that…
the essence in the contract between Construction Supply and Stadium Builders, in which Construction Supply failed to meet the deadline for a seat installation. Time is generally not of the essence, unless it is established to be of the essence in the contract, or it can be inferred from the behavior of the parties, the object of the contract, or from the circumstances surrounding the agreement. In Drazen v. American Oil Co., 395 A.2d 32 (1978) the dispute arose from a contract for the purchase…
3.1. The validity of the will of the late William York In terms of the validity of William York's testament, there are two ideas: - The plaintiff argued that some of the provisions in the will were not legal - The defendant believes that the will is done in accordance with the law In the Supreme Court of Queensland, the two sides gave evidence to protect their opinions. - The plaintiff argued - The testament was prepared by a solicitor, Mr Pack, but Mr Taylor and Neil were not present when…
As the paralegal reviewing the case, the elements of a contract must first be reviewed to establish if there is a valid contract between Sam and the chain store. As described in the textbook, “Contracts are a promise or set of promises for the breach of which the law gives a remedy or performance of which the law in some way recognizes a duty” (Kubasek, pg. 305, 2009). Valid contracts exist if four elements including the agreement, consideration, legal object, and contractual capacity are met…