StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Business Law - Questions - Assignment Example

Cite this document
Summary
Business Law Instructor University Business Law According to the UK court of law, a contract is an agreement between two or more individuals, parties or groups and that agreement is enforceable by the court of law. In the UK, a contract is considered valid if it contains the following elements: offer, acceptance, consideration, intention and certainty (Miller, 2013, p.145)…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER95.9% of users find it useful
Business Law - Questions
Read Text Preview

Extract of sample "Business Law - Questions"

Download file to see previous pages

When an offer is made to the offeree, he can either accept or put down the offer made to him, if he accepts the offer, this means that the second element of the contract recognized as acceptance have been completed. If a contract has to be recognized as valid, it should contain the third element recognized as consideration. Consideration is the term assigned to a promise or a factor on which bargaining takes place, consideration is offered by the offerror and whether to accept the consideration or reject it or bargain on it is entirely in the hands of the offeree.

Another important element of a contract is intention; the people involved in creation of a legal contract should have the intention of creating a legal contract and not just an agreement that has not been legally created. The last element of a contract is the certainty of the contract, this means that the contract should be concise and clear in nature so it can be enforced. Increase in the use of internet to conduct transaction between the sellers and the buyers gave way for the creation of a distance contract.

A distance contract is referred to a contract in which the buyer and the seller or the parties involved in the contract have never physically been in each other’s presence since the start of the contract till the end of the contract. For examples: a distance contract is created when parties are involved in selling and purchasing of goods and services over the internet through different means such as email, telephone calls and faxes. In this kind of contract, the seller or merchandiser is required to provide any information to the purchaser that might influence his purchasing decision, once the to be purchaser has accepted the information, the seller is required to provide the same details in written form, the merchandise has to be delivered to the purchaser within thirty days and if the purchaser wants he can cancel the contract with seven days of the date of delivery.

For example, in Thornton v. Shoe Parking case, the customer experienced injury in the parking area because of negligence caused by the defendant, the customer received the ticket of car parking after he had installed his money in the ticket machine, the terms and conditions that applied to the car parking area were stated on the ticket and the customer was not informed about the terms before he purchased the ticket, thus, the term of no exclusion of liability in case of personal injuries caused due to negligence was rejected as according to the distance contract, all information is to be provided before the purchase decision is made (Beale, 1990, p.337). Expressed terms refer to those stipulations and circumstances that are mentioned in the contact at the most specific level and are accepted by the parties involved in the creation of that particular contract, these terms can be in verbal, as well as written, form.

For example, in the case of Bannerman V White, the purchaser had entered a contract with the seller on the terms that the hops he was purchasing were to be used to prepare beer and should not be treated with sulphur, the seller had assured him that they were not treated with sulphur, but they were actually treated with sulphur when the purchaser received them, thus, the seller was in breach of contract as the contract clearly stated that hops

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Business Law - Questions Assignment Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from https://studentshare.org/business/1454724-business-law-answer
(Business Law - Questions Assignment Example | Topics and Well Written Essays - 750 Words)
https://studentshare.org/business/1454724-business-law-answer.
“Business Law - Questions Assignment Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/business/1454724-business-law-answer.
  • Cited: 0 times

CHECK THESE SAMPLES OF Business Law - Questions

Elements of a Contract

business law: Principles and practices.... business law: Questions and answers.... According to common law, acceptance only occurs if offeree has accepted the exact offer made by the offeror.... If the offeree proposes different terms on the offer made by the offeror, it is referred to as a proposal according to UCC (Uniform Commercial Code) law (Meiners, 2000, p.... According to the court of law, those individuals lack capacity that are psychologically ill or fall in the category of a minor (Goldman, 2001, p....
3 Pages (750 words) Research Paper

Business Law Questions

This paper will tell about which basic agency law principle can be used by a good plaintiff's lawyer to achieve comparable results to ‘alter ego' judicial theories in most ‘pcv” situations and the only form of business organization that would be needed today and so on.... The law of agency can be construed by a sharp attorney representing a plaintiff to support a transfer the ownership of a property in question to the agent in a similar way as alter ego theories....
8 Pages (2000 words) Essay

Business Law Questions

In sole proprietorship, there is no legal distinction between Eva and Finest Enterprises that is, the owner and the business are considered as one under law (Aronoff, Ward and Astrachan 22).... In sole proprietorship, there is no legal distinction between Eva and Finest Enterprises that is, the owner and the business are considered as one under law (Aronoff, Ward and Astrachan 22).... Under contract law, Don can prove that he was under duress (duress to the person) thus enabling the contract to be rescinded since it will then be voidable (Stone 337)....
7 Pages (1750 words) Coursework

Business Law Questions

The assignment "business law Questions" presents the student's answers to the cases on business law.... he question of contracts that are generated through standard business documents, like the order form, etc was examined in the case of Butler Machine Tool v Excell-O-Corp which is very similar to the instant case....
7 Pages (1750 words) Assignment

Business Law Questions

Under Common law in the United States, the finder of the property is entitled to hand it back once the real owner has made a demand for it from the present holder.... She could be held guilty under the statute on conversion which is a tort in US law in case she refuses to hand it over....
4 Pages (1000 words) Essay

Business law questions

One of the primal topics that have dominated politics and economics within the past several years has been the issue of the national debt and continued and sustained budget deficits that the United States continues to accrue.... One of the largest problems that the United… government faces as a result of the high levels of debt is the question of sustainability with regards to how much longer such a position of debt and continual budget deficits remains tenable for the monetary system that defines much of the United State's world power....
4 Pages (1000 words) Essay

The Benefits of Operating a Private Limited Company

This is because in law, a company is a legal entity in its own right and is separate from the shareholders (Shtein & Lindgren, 1984).... Changing the business to a Private Limited Company enables the business to be able to source for funds from a wider scope than before.... Companies are able to obtain better loans as they tend to have better credit scores when compared with other forms of business like partnerships.... In the previous partnership, any event leading to the incapacitation of a single shareholder would have led to winding up of the business....
8 Pages (2000 words) Essay

Business Law questions

Secondly, Lecturer: business law Questions The U.... Dynamic business law: The Essentials.... Enabling Statute refers to the law that delegates new or extended powers to a corporation or a public official.... Enabling Statute refers to the law that delegates new or extended powers to a corporation or a public official.... In 2 (b), a business engaged in importing food could participate in these procedures through reviewing the proposed rule and criticizing it, taking note of the final rule and complying with the “Effective Date” rule....
1 Pages (250 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us