Valid Contract - Free Essay Example

Sample details Pages: 3 Words: 804 Downloads: 7 Date added: 2017/09/11 Category Advertising Essay Did you like this example? Essential features of a valid contract Contracts come in all shapes and sizes. Some are verbal, some are written. Some are formal, some informal. Don’t waste time! Our writers will create an original "Valid Contract" essay for you Create order The use of the internet and electronic technology is also becoming increasingly common in the context of forming contractual relationships. It is, therefore, important to understand the essential features which make a contract valid, binding, and enforceable. What is a contract? A contract is an agreement between two or more parties that is intended to be enforcable. A contract may be created: * Orally; In writing (including by electronic means or through a website); * By inference or conduct; or * By a combination of all or any of the above. Essential elements? For a binding contract to be formed there must be: * An offer which is  accepted  and for which valid  consideration  is given; * An  intention  to create a legal relationship; and * Certainty  of terms. Special rules and principles may apply to contracts that concern specific subject matter, such as employment contracts, the sale of land, and the sale of goods. The offer * Must be communicated. Can be revoked a t any time prior to acceptance. * Must be distinguished from an invitation to treat which is where a party communicates that it is prepared to enter negotiations with a view to forming a contract. The acceptance * The acceptance: * Must be communicated. * Must be of the offer made, otherwise it could be a ecounter-offeri. * If posted, occurs on the date posted, if by phone, fax, or email, it occurs when received. Consideration * Must be evaluablei. Something must be supplied in return for the promise made by the offeror, eg money. Must not be unlawful or gratuitous. * Must not be something already done or suffered (past consideration). Intention * The parties must intend to be bound by the contract. However, performance of the contract may be conditional on other matters occuring. Certainty * There must be certainty as to the parties, subject matter, and price. However, a contract that leaves terms to be determined by a third party will not be invalid for uncertainty. * Many contrac ts require parties to agree to standard terms and conditions. Make sure you read the fine print so that you understand what you are signing up to. Proving a contract It may be necessary at some point to prove the existence of the contract or explain or defend its actions before a court or some other forum. An oral contract may be difficult to prove, for example, if the parties to the contract disagree on its terms or whether it was ever formed. A paper trail is important to proving a written or electronic contract. Care should be taken not to destroy relevant written evidence of a contract. Enforceability Although a contract may have all of the essential elements, it may not be enforceable because of some other issue, such as: * Lack of capacity of one of the parties (eg one of the parties is a child). * Where a mistake is made about the nature of the contract. Relief may be granted under the Contractual Mistakes Act 1977 where the mistake results in a substantially unequal exchange of values. * Where there has been misrepresentation of a particular fact or facts inducing a person to enter into the contract. Under the common law and the Contractual Remedies Act 1979 there may be a right to cancel the contract and/or claim damages. * Where a contract is illegal or immoral or is effected by duress or undue influence of one party over another. * Where a contract unduly restrains a person in their trade. Remedies for breach Remedies for wrongful failure by a party to perform their obligations under a contract may include: * Damages; * Cancellation of contract; or * Specific performance. Damages Generally, damages will be awarded if the loss suffered: Was caused by the breach; and * Is not too remote, ie the loss was reasonably forseeable. The amount recoverable is usually the amount necessary to put the party not in breach in the same position as if the contract had been performed. Cancellation In addition to damages, common law and the Contractual Remedies Act 1979 may allow a party to cancel or affirm a contract where the breach is due to a misrepresentation. Specific performance This is u sually granted for breach of contracts for the sale of land or unique personal property. It is not usually granted if damages are considered an adequate remedy; if they are against or for an infant; or to enforce a contract for personal services. Statute of limitations The limitation period for all simple contracts is 6 years from the time the cause of action, eg breach, arises. Finally Never sign a contract unless you are sure you understand it. Generally, you will not be able to get out of it later. If there are any terms you are unsure about get legal advice.

A Risk Assessment - 1947 Words

This assignment will take the form of a risk assessment, assessing the possible risks that can be found in the home environment and its surroundings. It will define what is meant by the word risk and it will describe how one is identified. In the essay, three risks from within the home will be examined and there will be a discussion as to how frequently these risks occur. Penultimately, this essay will present influential criminological theories to help explain the phenomenon of crime. Finally, it will suggest useful means of crime prevention before concluding that suitable methods of prevention can, in fact, reduce the likelihood of certain victimisation. Within the field of criminology, a risk is referred to as the ‘probability of†¦show more content†¦Gately et al. (2014) state that many offenders would not attempt to carry out a burglary on a house which ‘looked reasonably secure’. This suggests that security cameras may be seen as a deterrence to criminals. It is also notable that victims of burglary often experience repeat victimisation. This is when the same location, business, vehicle or household suffers more than one crime event over a specified time period. The offence may be the same or a contrasting type (McLaughlin Muncie 2013, p.377). One reason for this is because offenders know that victims will often replace what has been taken by an insurance claim. Strain theory could provide an explanation as to why an individual may carry out a burglary. The theory developed by Robert Merton in 1968 presents that humans are relatively good. However, certain situations drive an individual into doing bad things. Merton, (1968) argues that people who cannot achieve socially approved goals through legitimate means will do so illegitimately because of the strain that they feel. Merton, (1968) uses the American Dream to illustrate this. The American Dream emphasises money, as well as success and individuals, are expected to achieve this through education and hard work. Although, poverty and discrimination are factors which mean thatShow MoreRelatedRisk Assessment And Risk Assessments1178 Words   |  5 Pages Risk Assessment IEE 454 Bowen Wan 1208534297 Email: bwan4@asu.edu Abstract: As Broughton said, we should try our best to avoid risks first by based care like improving quality of products instead of relying on latest risk assessment tool, although risks are not avoidable all the time. Table of contents: What is Risk Assessment Value of Risk Assessment Qualitative Risk Assessment Quantitative risk assessment Criticism of quantitative risk assessment TypicalRead MoreAssessment Of The Risk Assessment1379 Words   |  6 PagesMedium The threat is motivated and vulnerability is accessible. Low The threat lacks motivation and vulnerability. . STEP 6: IMPACT ANALYSIS The major step of the risk assessment is impact analysis of the risk that could incur threat for the system itself. While considering the impact analysis the major step of the risk assessment there are three steps that could be keeping in view†¦ †¢ Mission of the system †¢ Criticality of information systems data †¢ Sensitivity of the information systems dataRead MoreThe Risks Of A Risk Assessment1025 Words   |  5 Pages Execution of a risk valuation is one of the most imperative phases in the risk managing procedure (Goldenberg 2011). A Risk Assessment is intermittent valuation of the hazard and degree of the damage that could result from the unsanctioned admittance, usage, revelation, disturbance, alteration, or obliteration of data and material structures that sustain the processes and properties of the association. 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Us History Exam notes Free Essays

An area in social life, Independent of government where Informed citizens can come together and discuss and Influence political action, a domain that used to be solely for political figures and upper society. What were the major components of the public sphere In colonial North America? The public sphere expanded with the raising of literacy rates and the view that participating in politics and reading was fashionable. Some of the influences were numerous coffee shops and pubs, lots of bookshops, Boston Newsletter, first continuously published newspaper. We will write a custom essay sample on Us History Exam notes or any similar topic only for you Order Now Which early American stands out for his contributions? Benjamin Franklin What were his three major contributions to the growth of the public sphere? Editing the Pennsylvania Gazette which was considered the best edited, founding the Junta, a forum for mutual Improvement and for discussion about politics, and the Library Company of Philadelphia which was the flirt establishment of circulating literature. What component of freedom was essential to the establishment and growth of the public sphere? Freedom of expression. Which famous libel trial demonstrated that this freedom was becoming ingrained in he popular imagination? 735 Publisher Zinger brought up on charge of libel against the governor, calling him corrupt, and after he showed evidence that the governor was corrupt he was found not guilty. This showed the public that the truth will always win. Columbian exchange- transatlantic flow of goods W E – tomatoes, potatoes, cotton, tobacco, corn E W – sugarcane, rice. Horses, pigs, sheep Black Legend- Based on Lass Cases’ book shows image of Spain as uniquely brutal and exploitative colonizer, gives other countries Justification to colonize, challenge Spain’s old French and Dutch are what kind of empires? Commercial, looking for trading, gold and the Northwest passage England Is what kind of empire? Colonizing, Individual men looking for land, and through the possession of land, freedom and bring them back to the home country to make it wealthier, not focusing on colonization or trade Northwest Passage- Route to Asia through N America English colonization begins with Jamestown in 1607 by Virginia Company 5 Attributes to English Freedom: 1. King subject to rule of law (Magna Cart) 2. Security of persons and property 3. Habeas corpus- cannot be held indefinitely w/out charge 4. Right to face your accuser 5. Right to trial by Jury Mercantilism: There is always a winner and a loser in trade, best to be the person with money, exports should always exceed imports Virginia- tobacco in Chesapeake region, swampy Pennsylvania- Religious freedom for Quakers, no slavery Georgia- meant to be a refuge for the English poor, became large slave owning plantation state, rice and indigo Carolinas: Indigo and Rice Rhode Island and New Jersey- religious freedom Massachusetts- formed with original Plymouth colony. How to cite Us History Exam notes, Papers

Historical Adversity Faced by African Americans free essay sample

Members of this group have spent time in jail for sometimes simple actions which violated this law. This minority group has been the target of racial violence as well. These attacks of resulted in everything from minor injury to death. In this chapter we will discuss the historical hardships faced by this minority group. The experiences of African Americans throughout the history of the United States of America have be intense, tragic and challenging to this racial group. The earliest experiences of African Americans in this country would be as they were bought and brought in as slave labor. These were African natives captured during battle and sold to slave traders from around the world. They were forced in to unsafe shipping holds where many died on the trip over. They were then sold and treated like cattle. African Americans we renamed by their new owners, told what they would do, when they would do it and how they would complete the task. We will write a custom essay sample on Historical Adversity Faced by African Americans or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Families were separated, marriages were dissolved and children were taken from their parents. They were forced to breed to make better workers and forced to remain uneducated. When slaves were freed, African Americans found a new set of problems. The only skills they had were what they were forced to do while owned. This meant they were limited to the same work and were paid almost nothing in comparison to members of the majority group performing the same task. Nearly a century later, as the skill sets of this minority group had drastically widened, African Americans found themselves forced in to separate facilities by law. As the battle to eliminate these boundaries began, violence often occurred. Members of this racial group often found themselves the victims of hate group aggression and violence, often resulting in death. These experiences were harrowing and held not only physical and psychological ramifications but lead to a great deal of political, social and cultural tension as well. Facing such intense issues throughout their time in this country, African Americans faced great number of social, political and cultural issues. Even as far back as the time of slavery, politics came in to play. Many slave owners treated slaves as property but wished to use them as a way to carry more political sway. They used the number of slaves they owned to count as partial votes. This meant that plantation owners would vote once but count as many votes. The act of freeing slaves was a political gesture which achieved nothing but was done to make a political statement. After slavery was abolished, social and cultural issues began to come in to play. Newly freed, slaves needed to establish their own culture and quickly found themselves forced in to separation from the rest of society. As time went on and culture was developed, society began to reduce the drastic manner of separation between African Americans and the majority but still left the group segregated. African Americans began fighting for the removal of segregation through political means. This fight caused a violent reaction in communities. In order to fight this, social and cultural boundaries were redrafted. However, African Americans were fighting not only societal discrimination but also laws in place to enforce much of this discrimination. Unfortunately, for a large portion of our countries history, laws were in place to enforce segregation and unequal treatment. The most notable of these laws were those governing segregation. This was legislation passed to keep members of the African American community forcibly separated from the majority group. These laws forced members of this racial group to relinquish seats on public transportation, use separate restrooms and attend separate schools. While the argument was made that these facilities were separate but equal. In the 1960’s the National Association for the Advancement of Colored People, or NAACP, began fighting many of these civil rights issues. The group fought to use the Brown v Board of Education ruling across the country to work towards desegregating schools nationwide. The group also began pushing for equality in employment, working towards equal pay and equal opportunity for member of the African American community. Since the NAACP began pushing for equality many laws have been enacted to help promote equality. In 1963 John F Kennedy pushed a piece of equal rights legislation in to congress before he was assassinated. In 1964 Lyndon B Johnson worked hard to persuade congress to pass legislation seeking to eliminate employer discrimination. Since then this legislation has taken the concept even further. Affirmative action is a prime example of this evolved civil rights legislation. The idea was to encourage employers to not overlook minorities for positions or promotions based on race. The idea was to punish employers avoiding more qualified candidates based on race. The changes in legislation from hindering to helping have done a great deal to bring about equality for African Americans.