Law 531 Contract Creation And Management Simulation

  • Memorandum: Contract Creation and Management

    and be a direct link between the two companies Project Structure 1. Span will hire at least ten new programmers within ten days of the effective date of the contract to speed the completion of the project 2. C-S will have the opportunity to review resumes of each individual hired for its project 3. Span will pay for all new employee training References University of Phoenix. (2008). Legal Environment of Business: Contract Creation and Management Simulation [Computer Software]. Retrieved October 26, 2008, from University of Phoenix, Simulation, LAW531 - Business Law. Jennings, Marianne. (2006). Business: It's Legal, Ethical, and Global Environment, 7 Edition, West Legal Studies in Business

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  • Contract Law

    The Dispute between Mr. Richard and Chester’s Fish House Michael Piper In the contract dispute between Mr. Richard and the Chester’s Fish House restaurant, I choose to defend Mr. Richard. The waitress from Chester’s Fish House represents the restaurant. Her actions and remarks are in representation of the restaurant. Nowhere in the menu does it state that the Chester’s Fish Houses secret recipe is one hundred dollars. Nor was there a valid contract to allow for this charge, for the

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  • Law 531

    Management of Regulatory Risks Regulatory risks are risks a company assumes when it fails to comply with government regulations, whether federal, state or even international. Non-compliance with regulations puts a company at risk of tort liability, diminished earnings, negative publicity and if a sever case exists, the company’s final demise and exit from the market altogether. By setting a system of preventative, detective and corrective measures, a company is able to survive the

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  • Law 531

    ! According to Wikipedia (2011), "In the United States, the term "anarchy" typically is meant to refer to a society which lacks publicly recognized government or violently enforced political authority" (para. 1). Business would quickly turn away from best practices, and operating without any checks and balances, and with no supervision. You know the old saying, "If the cats away, the mice will play". It might not completely fit, but I'm sure your get the idea. Reference: Cheeseman, H. R. (2010). Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues (7th ed.). : Prentice Hall. Wikipedia. (2011). Anarchy. Retrieved from http://en.wikipedia.org/wiki/Anarchy

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  • Law 531

    can arise with the transfer of ownership, example of a few is transfer by sale, tax sale, gift, will or inheritance, and adverse possession. A sale is the most common for transferring ownership rights in real property the statue of fraud are required, and a contract must be presented in writing. The seller delivers the deed to the buyer and the buyer pays the purchase price at closing or settlement. Tax sale is if the owner fails to pay the real property tax, the government can put

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  • Contract Creation

    programmers to meet the rapidly changing technology while meeting the timelines and producing a quality product. Conclusion When issues arise in contract creation and management both parties must negotiate the contract to find the most amicable solution to meet the obligations of the contract. Spam System identified potential breaches in the contract with Citizen-Schwartz Ag and communicated these. A re-negotiation of the terms of the contract found the most amicable solution for both companies. References Cheeseman, H.R. (2010). Business law: Legal environment, online commerce, business ethics, and international issues (7th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.

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  • Law 531 Contract Creation

    Name LAW/531 - BUSINESS LAW San Bernardino Campus October 04, 2011 Contract Creation and Management Assignment Performance Citizen-Schwarz AG Needs and Risks C-S established zero tolerance in defective product from Span Systems. Reportedly there have been an unacceptable five defects or deliverable. There has been a five day release of software to the public from the scheduled date. C-S can expected the risk of losing

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  • Contract Law

    There are two possible contracts in the story. The first one is between Sue and her 14-year old son. The second issue is between Sue and Vons supermarket. Looking at the first scenario between Sue and her son, it may seem that Sue’s son was on breach of contract for not cutting the grass. Analyzing the issue, we can see that a contract does not exist because the boy is under the age of consent. Since he is between the age of 7 and 14, he is considered a child of tender years, and he is

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  • Contract Creation and Management

    Contract Creation and Management Contracts are made, negotiated, and broken every day in business situations. They are the backbone of many businesses proposals and they set the standards for which they get the process started. There are many issues that have to be negotiated and discussed for a contract to work for both parties. Both parties must have the ability to communicate and have the patience to work through many of the complications that may occur during the process. This paper

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  • Creation and Contract Management

    University of Phoenix simulation (2011) it is important to understand the ‘conditions’ that govern the performance of the contracts. Span Systems argued substantial performance of the contract based on the time elapsed, but C-S came back with a valid argument regarding quality and delay in delivery of code. It was necessary that Span negotiate with C-S on all business concerns. The measures suggested by Span showed that businesses are willing to go beyond signed agreements and proactively remedy situations that could have ended in going to court. Reference University of Phoenix. (2011). Contract Creation and Management. Retrieved from University of Phoenix, Law/531-Business Law website

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  • Contract Creation

    Contract Creation Law-531 Business Law October 31, 2011 Whitney Bell Contract Creation Span Systems is the leading banking software companies located in California. . Citizen-Schwarz AG (C-S) contacted Span Systems to develop s software program to assist with there transactions. C-S is a German bank, which the revenues increased to $20 billion. A one-year contract was signed by the two company’s estimation for the software would be $ 6 million dollars. If the project goes well

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  • Contract Law

    reasonable time, failure of a pre-condition to counter offer amongst others. If an offer is not accepted then there can be no legal contract between both parties An offer may be terminated when reasonable time has lapsed as was in the case of Ramsgate Victoria Hotel v Montefore (1866) where the defendant applied for shares in the hotel company. He heard nothing and then after 5 months he received a letter of acceptance. By this time he had decided that he did not want the shares. The courts held that

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  • Contract Law

    contract is the agreement entered into by two or more persons with the intention of creating a legal obligation or obligations. The validity of the contract of this nature can be ascertained by looking around the terms of the contract and the extent to which they are binding on the individual parties, the actual interpretation of the nature of the contract, whether it was a contract of sale or of exchange and the relative interpretations of similar cases in relent cases, law journals and

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  • Contract Creation and Management

    Contract Creation and Management Assignment Paper George Van Hoosier LAW 531 June 26, 2012 Dr. Beverly Spencer Contract Creation and Management The scenario presented is on contractual conflicts. In summary, a software development company and a hotel company entered into a business partnership to develop an electronic reservation system for the hotel company. The groundwork of the plan changed and obfuscated what was expected by both parties. These changes were not communicated well

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  • Contract Creation and Management

    Contract Creation and Management Brian J Louf LAW/531 July 31, 2012 William C Johnson J.D. Contract Creation and Management The Nature of Agency video continues the story of a business relationship between Quick Takes Video and Non-Linear Pro. Quick Takes, dissatisfied with the current video editing software owned initiates contact with a salesperson from Non-Linear Pro to discuss a software product that Quick Takes believes may be a solution for updating their present equipment. The

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  • Contract Creation/Management Assignment

    Contract Creation and Management Assignment (Option 2) David Williams LAW/531 September 24, 2012 Michael Kelley Contract Creation and Management Assignment (Option 2) Recently I reviewed a video about a Software company suing another Video company because they did not pay the amount owed for leasing editing equipment. According to personnel at the Video Company, the equipment did not work properly and they didn’t know the company signed a lease. They thought the equipment was provided

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  • Law Value Creation

    Chapter One Law, Value Creation, and Risk Management A Manager’s Dilemma: Putting It into Practice Guanxi: Networking or Bribery? Issue Presented: Should a business leader in China encourage a manager to run for office? Engage in guanxi lobbying to encourage district leaders to impose stiffer emissions and mileage requirements for heavy trucks? Hire the son of a prominent local official? Whenever engaging in international business development, managers are expected to

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  • Contract Simulation

    Contract Creation and Management The Contract Creation and Management simulation is about a contract agreement dispute between Span Systems, an e-banking software developer and their client Citizen-Schwarz AG (C-S), a German bank, financial institution whose main purpose of procuring the software is to enter the United States retail financial services market (UOPX Website). The simulation presented both side of the dispute between these two companies. The most important issue is to settle

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  • Contract Creation and Management

    Contract Creation and Management Classic Payroll LAW 531 December 14, 2012 Contract Creation and Management Creating a contract to perform services between two businesses requires both parties to consider stipulations presented to protect the respective companies. An offer is provided for the purchaser to accept and specifications on the price and timeline of the deliverables are confirmed. In the simulation

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  • Contract Creation

    to take that first big step towards achieving one of my Terminal Values in life – “A Sense of Accomplishment” (Robbins & Judge, 2011). One of the main factors that helped me move forward and work towards trying to attain this indispensable degree was my relentless pursuit for career advancement in the field of business management. Taking into considerations todays’ global economic situation, one has to constantly find ways to get ahead of the pack and continuously adapt to the ever

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  • Contract Creation & Management

    Contract Creation and Management Simulation LAW/531 January 4, 2012 Contract Creation and Management Simulation Eight months into a 1-year contract between Span Systems, a California e-banking software developer, and Citizen-Schwarz AG (C-S), a large German bank looking to break into the retail financial services market in America (University of Phoenix, 2009), C-S suddenly sent a letter to Span stating that deliverables were behind schedule and unacceptable. They wanted to rescind the

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  • Law 531

    simulation and the seven-step process of Enterprise Risk Management (ERM) dealing with the potential negligence case against Alumina Inc. The tort case involving negligence by Alumina Inc. would be the most obvious tort because of the claim made by the mother of the 10-year-old with leukemia. This would be a negligence case involving a violation of a statute making this a case of negligence. Policies and Procedures Policies and procedures are the guidelines and rules that are adopted by a

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  • Law Contract

    conditions have to be satisfied before it becomes legally binding. These are called “'conditions precedent”. Where a contract is conditional, the date of disposal of any asset (e.g. for the purpose of calculating Capital Gains Tax) is the date all the conditions are satisfied. BEA1003/BEA1003A 14 Contract FORMATION OF CONTRACT 2. CONSIDERATION: Contract law is concerned with enforcing bargains (not gifts) and a contract will only be binding if it is supported by valid consideration, i.e

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  • Contract Law

    & Dockers, Hutton v Warren, Spurling v Bradshaw & Schweppe v Harper 2. Terms implied by Statute: Sale of Goods Act, Supply of Goods Act 3. Terms implied by Common Law: Liverpool CC v Irwin & Scally v Southern Health Board 4. Distinguish between Conditions and Warranties Key Cases: Bettini v Gye & Poussard v Spiers & Pond Exclusion and Limitation Clauses 5. Define an exclusion clause Key Cases: Thompson v LMS (contractual documents), L’Estrange v Graucob (signed contracts

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  • Contract Law

    International. Quinn, C. E. (2007 ). Contract Law . Great Britian: British Library Cataloguing-in-Publication Data. Roach, L. (2009). Card & James' Business Law for Business, Accounting, & Finance Students. United Kingdom : Oxford University Press. Stephens, J. (2011, March 17). Carlill v Carbolic Smoke Ball Company. Retrieved November 11, 2013, from Management the purchasing and supply website: http://www.supplymanagement.com/law/court-reports/2011/carlill-v-carbolic-smoke-ball-company/ Stim

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  • Contract Law

    Contract Law (Mutuality of Consideration) November 7, 20013 SUMMARY OF FACTS Bernie is selling his 2006 Ford Fusion. Vivian makes an offer to buy Bernie’s car for $12,000. Bernie and Vivian meet and agree on the selling price of $12,500. Vivian needs more time to come up the money for the car. Bernie agrees to give Vivian time to come up with the money to purchase his car. Bernie requires Vivian to put down a $1,000 deposit and pay the full balance by March 31st. Bernie drafts up an

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  • Contract Law

    point, the law of contracts plays an enormous role in many of our interactions and for the most part, there may be no real concern in regards to the performance of a contract and an agreement will be completed accordingly. However, this does not mean that issues won’t arise within a contractual relationship, and there may be circumstances where you may need to discharge a contractwhich can be done by either one, or all of the parties to the agreement, and can be discharged by either: * BY

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  • Contract Law

    follows: specialty or written contracts, contracts that are evidenced in writing, contracts that are under a seal and simple contracts. Specialty contracts are contracts, which the law specifies that they must be written. A formal structured document embodies a specialty or written contract. Examples of contracts that the law classifies as specialty contracts include insurance contracts like marine insurance, lease and hire purchase agreements and the contracts that will put in place proceedings that

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  • Contract Law

    Contract law In Anson’s Law of contract, Beatson define contract as “A legally binding agreement made between two or more persons, by which rights are acquires by one or more to acts or forbearance on the part of the other or others.” The case of Redlox, Bedlox and Orlex comes under the law of contract where the offerors are Redlox and Orlex, and the offerees are Bedlox and Redlox. Acceptance Acceptance of the offer brings it to an end and creates an agreement between the parties. Tieitel

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  • Contract Law

    Contract [Name of the Writer] [Name of the Institution] Contracts Introduction A contract is a legal agreement between two parties. For a contract to be valid, it must meet all prerequisites of the law, should bind the involved parties, and should be implementable in a legal court. Legal Competency: This means that the contract must be legally recognizable, i.e. both the parties entering into the agreement must have reached legal age (Miller, 2010). 1. Mutual Agreement: Also

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  • Law 531

    Walmart LAW/531 November 7, 2013 Thane Messinger Walmart Walmart opened its doors in 1962 based on Sam Walton’s strategy of creating the lowest prices anytime, anywhere. By 1967, the Walton family was running 24 stores bringing in $12.7 million in sales. By 2012, the company served more than 200 million customers each week, employed 2.2 million associates worldwide, in more than 10,000 stores in 27 countries. After waiting years to open a “Superstore” in India, ambitious plans to

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  • Contract Law

    split into three divisions that deal with different branches of civil law: the Queen’s Bench Division, the Chancery Division and the Family Division. The Queen’s Bench Division hears multi-track contract cases that involve large sums of money or complex points of law. It also deals with business matters such as insurance, banking and the meaning of commercial documents. Its Divisional Court also deals with civil appeals from the County Court. The Chancery Division deals with matters of

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  • Contract Law

    CONTRACT LAW KENNETH D ROBINSON JR BUSINESS LAW 311 GARY GENTRY 9 JUNE 2014 Abstract A Body of law that governs oral and written agreements associated with exchange of goods and services, money, and properties is recognized as contract law. Contract law includes topics such as the nature of contractual obligations, limitation of actions, freedom of contract, privity of contract, termination of contract, and covers also agency relationships, commercial paper, and contracts of

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  • Law 531

    Litigation and ADR LAW/531 Litigation and ADR Litigation is the bringing, maintaining, and defense of a lawsuit (Cheeseman, 2013). The two forms of litigation are traditional and nontraditional. Before a trial ensues the pretrial process must take its course and is divided into pleadings, discovery, dismissals, pretrial judgments, and settlement conference. These events are followed by the trial proceedings and appeals, if applicable. Nontraditional litigation includes alternative

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  • Contract Law

    Mutual Mistakes in Contract Law Caryn Williams Southern New Hampshire Business Law MBA--610-X4247 Geri Drelling July 13, 2014 Mutual Mistakes in Contract Law From a personal perspective, this situation is somewhat close to home. I worked as car sales professional for a year and learned many things about the process. In my opinion, Mr. Hartly should have done a bit more research about the models available. In my experience, the consumers I dealt with were more knowledgeable about the

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  • Contract Law

    Contract law is that body of rules that govern contractual agreements between persons or merchants. A contract is basically an agreement between parties outlining their duties and responsibilities to one another. Contracts can be formed for nearly any type of interaction. Thus, contract laws may address various transactions for the sale of goods and services. Contract laws outline what a person can or cannot include in a contract, and what the remedies are if a party breaches their contractual

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  • Law 531

    The Legal System and ADR Analysis Shakira Schneider Memorandum TO: Law Manager of Business Disputes FROM: Member of Court Systems DATE: 08/02/2014 SUBJECT: “Review Typical State Court System” Although, we have discussed and resolved several cases related to business but nowadays, I am assigned with the case that has its involvement in the personal life of clients. Actually, my client David wants a divorce from his wife Anna; the case is issued in court

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  • Contract Creation

    SHELLY RESENDEZ completed the Contract Creation Simulation for LAW/531 with the following responses: To enforce a contract, the following four requirements must be met. Determine if each requirement has or has not been met, and then explain your answer. Question 1: Offer: No Response: Bob offered to sell the car to MIke for $25,000. The offer was bound by the offeror. Terms were definitely and reasonably certain. The offer was communicated to the offeree. Now in general an offer is not

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  • Contract Law

    object to the arbitration clause. ISSUE: The first issue is wether, under New York law, the acknowldgement that contains an additional term is binding. The second issue is wether, under New York law, the contract was altered materially making the contract unenforceable. RULES: U.C.C. § 2-207 . Additional Terms in Acceptance or Confirmation. (1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance

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  • Contract Law

    Conclusion 16 Task 2 17 Given Scenario VS Contract Elements 17 Offer and Acceptance 17 Consideration 17 Intention to create Legal Relationship 17 (2.2) Apply the law on terms in different contract. 18 Terms of Contract 18 Express Terms 18 Implied Terms 18 Terms of Contract in Employment Contracts 18 Expressed Terms in Contract of Employment 18 Implied Term in Contracts of Employment 19 General Implied Terms 19 Term Implied by Custom and Practice 19 Evaluate the

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  • Contract Law

    contract, in order to be enforceable, must be a valid. The function of the court is to enforce agreements only if they exist and not to create them through the imposition of such terms as the court considers reasonable. It is the policy of the law to encourage the formation of contracts between competent parties for lawful objectives. As a general rule, contracts by competent persons, equitably made, are valid and enforceable. Parties to a contract are bound by the terms to which they have agreed

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  • Law/531 Business Law

    Week 3 Individual Assignment Luis A. Campudoni LAW/531 Business Law Prof. Marlene Wilhite February 19, 2010 Legal Issues in Contract Fulfillment Agreements are a hot and critical topic in business agreements today. How do entities engaging in business contracts conclude in a consensus of the clauses, terms, and expectations of the project seem to fail at times due to expected and / or unexpected factors. This seems to be the case of the business contract between Span Systems and Citizen

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  • Contract Law

    How does the rule of law exist independently from the people who make it, interpret it, and live it? The easiest answer to these questions is that, the rule of law cannot ever be entirely separate from the people who make up our government and our society. On the other hand, due to the increasing amount of terrorism thus national security and changes have to be made for a better equality in the development of law. He argued that rule of law has 3 aspects (3 postulates). Firstly, no man can be

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  • Contract Law

    abandon the right with full knowledge of the right and he has to intend on abandoning the right. (3) Novation; this is when the parties have agreed that the new contract replaces the old contract. (4) Delegation; like novation the one debtor is replaced by a new debtor. There is a requirement of the law that this is agreed to by all the parties. Delegation discharges sureties from the original debt unless it’s agreed to that these sureties become the sureties of the new debtor

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  • Law/531

    Reflection Paper-Week 2-IRAC Brief LAW/531 June 9, 2015 Reflection Paper-Week 2-IRAC Brief The IRAC (issue, rule, analysis, conclusion) is a structured legal analysis process used in problem-solving. Team C will use the IRAC method to present a case heard in the Oregon Supreme Court, Antonio Cortez v. NACCO Material Handling Group, Inc and Swanson Group, Inc. This case is currently pending in the Oregon Supreme Court. Facts

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  • Law 531

    Learning Team Reflection: Week 3 IRAC Brief Dipesh Mistry, Hala Alnajjar, Chad Salcido LAW 531 August 23, 2015 Jonathan McGovern Apple vs Samsung Patent Case – Intellectual and Digital Property Dispute Intellectual property consists of patent, copyrights and ideas of the mind. Methods of dealing with disputes arising from theft of intellectual property include the uniform trade secrets act, US patent and trademark office and no electronic theft act. Personal property is any tangible

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  • Contract Law

    to that subject are not exhaustive, English law applies by virtue of the Civil Law Act 1956. Where the Contract Act makes certain provisions which differ from English law, the provisions of the Contract Act 1950 must prevail (see Song Bok Yoong v Ho Kim Poui). In applying English Law, the distinction between subsections 5(1) and 5(2) of the Civil Law Act, 1956 must be noted. Under subsection 5(1) of the Civil Law Act, when English Law is applied to resolve any dispute arising in Peninsular

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  • Contract Law

    DEFINITION A contract may be defined as a legally binding agreement or, in the words of Sir Frederick Pollock: “A promise or set of promises which the law will enforce”. The agreement will create rights and obligations that may be enforced in the courts.  The normal method of enforcement is an action for damages for breach of contract, though in some cases the court may order performance by the party in default.    CLASSIFICATION   Contracts may be divided into two broad classes: 1

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  • Contract Law

    made by fax, letter or online communication. The fact is the Red Chilli sent e-mails to them, that was asking question and trying to get more details about the goods, but the ABC treated it as an offer. Thus, there is no binding contract beeen Second case First, the key of the second issue is ABC did not agreed the conditional offer. And made a new offer. However Martha cancelled it. The relevant principle of this case is the acceptance of counter offer. A mere request of information would not

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  • Contract Law

    reasonable time, failure of a pre-condition to counter offer amongst others. If an offer is not accepted then there can be no legal contract between both parties An offer may be terminated when reasonable time has lapsed as was in the case of Ramsgate Victoria Hotel v Montefore (1866) where the defendant applied for shares in the hotel company. He heard nothing and then after 5 months he received a letter of acceptance. By this time he had decided that he did not want the shares. The courts

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