What do the parties actually do when they make a contract?
First there is an offer from a party to another party. The terms with respect to offer and consideration are accepted and the contract is entered into. The contract may be in writing or other form.
next the party accepting the offer needs to perform the obligation as per the contract. When completed the contract is discharged.
Business Law QUESTION 1 a) During negotiations, parties to a contract often make statements regarding the quality of the merx being sold or in relation to the terms of the contract. Discuss the four types of statements that one party may make to the other. b) Set out the requirements which must be met before an invention is patentable. c) In terms of the Consumer Protection Act 68 of 2008 a consumer has a right to "fair and responsible marketing",...
Commercial impracticability arises only when the parties--at the time the contract was made--had reason to foresee a certain event True False
The intent to form a contract is not based on what a person actually intends but rather on the outward message (manifestation of intent) the person sends to others. Thus, contract intent is based on an objective standard. Do you understand the difference between this standard and a subjective one?
Develop a real-world example where two parties believed a contract existed when in reality, it did not. Also, identify a specific incidence where contract law attempts to protect the public from an organizational activity that is against general societal morality. Finally, find a case on the Internet where one company breached a contract with another. Describe the situation and share a couple of observations.
A legally binding contract that can be terminated at the option of one of the parties is called: a. an executed contract b. a formal contract with an escape clause c. a voidable contract d. a void contract e. a parol evidence contract
It is said that whenever parties bona fide contract without any duress or intimidation and they agree to specific contractual obligations they are bound by their decisions. Indeed they cannot avoid their obligations for the fear of been in breach of contract. However, there are unforeseen event which can undermines a party's principal purpose for entering into a contract, which makes performance of the contract is radically different from what was originally contemplated by both parties, which is referred to...
Many arbitrators encourage the parties to settle. They do so because it allows the parties to broker deals that they have some control over without worrying about someone else making a decision that they'll be stuck with. (It's also possible arbitrators do this so they aren't forced to make a decision themselves while still getting paid). If you were prepared to go to arbitration, would you accept the arbitrator's advice that you settle a case on the day of the...
1. If a legally enforceable contract includes a binding arbitration clause, the parties to the contract under which the dispute arose can go through litigation if one of parties decides to take the dispute to court. True False 2. Veruca Salt, a Michigan resident, buys a used car from Rick's Used Cars, a Michigan business. Two weeks later, the car breaks down, and Veruca learns that it needs a new engine even though she was told the car was in...
1. Define quantity surveying and construction estimating. The parties to a contract are:
Think of a contract as a private set of laws that only apply to the two parties who signed it. Those two parties have determined and agreed to the subject, consideration, timing, duration, etc. for the contract. Generally, the court does not interfere with the parties’ agreement, except in certain circumstances (e.g. if the subject of the contract violates public policy). When a contract is breached and a lawsuit is filed, the court will generally award compensatory damages that make...