Tuesday, February 25, 2020
Business law Essay Example | Topics and Well Written Essays - 1500 words
Business law - Essay Example Under the element of ââ¬Ëagreementââ¬â¢, several aspects must be established to activate demonstrate a consensus on some of the major terms of the exchange: 1. Offer. There must be an offer for sale under clearly stipulated terms which includes a full description of the item(s) of exchange.The offer must be complete. Ordinarily this would include a description of the item(s) for exchange, nature of the item(s), the cost or price and any other sale-related features such as payment details. 2. Acceptance. The parties involved in the intended exchange must accept the offer as stipulated and communicate this acceptance within the period in which the offer still exists. Acceptance of the offertory terms becomes invalid when a counter-offer is made and allowed by the parties involved. 3. Genuine consent. Parties to the contract must have contractual capacity an additionally must freely enter into the contract. Elements of duress, mistakes and misrepresentation may render the acceptan ce void and thus, the contract too. Step III: Applications of the Rule of Law to Case Facts 1. Offer. Sallyââ¬â¢s initial offer is for a dashing green Cadel Evans ââ¬Å"GFâ⬠model bicycle at a cost of $6,000 payable upon delivery. The offerââ¬â¢s duration has not been expressively stated. ... Peterââ¬â¢s acceptance is conditioned on acceptance of his counter-offer and a communication thereof within the closure of business the following day. His liability becomes questionable at this juncture. 3. Genuine consent. By responding to the offer, both Peter and Burt are aware that they are entering into contractual obligations. There is however an element of duress on Sallyââ¬â¢s part that may render her consent void. She hastens the delivery of the bicycle to Peterââ¬â¢s premises to make the amount duly payable for fear of foreclosure by the bank on her outstanding mortgage payment amounting to $4,000. 4. Contractual capacity. Their contractual capacity is valid as they have both attained the majority age. Conclusion Sally cannot draw a suit against Burt for any breach of contract since he expressly denied acceptance of the adjusted $5,000 for the bicycle and communicated it in reasonable time to sally.The contract therefore does not exist between the two individuals.S he might have had a claim against Peter except that it might be proved that there was lack of a genuine intent by sally to provide reasonable time for Peter to communicate and finalize the sale agreement i.e. It can be interpreted that Sally only entered into the contract to transfer her liability from the due mortgage and foreclosure to Peter. At Law, no contract can be valid if it is entered into with malicious intentions. However, ignoring the performance of the contract, Sally can enforce legal action against Peter as per the $ 4,000 under the contract for sale since there was implied agreement through their email discussion that instructed the seller to make delivery of the bicycle as soon as his
Sunday, February 9, 2020
Swedish Daddies Research Paper Example | Topics and Well Written Essays - 1000 words
Swedish Daddies - Research Paper Example In fact, contemporary American society distinguishes people who seek only for success in career and those who want to become successful in their company but not to sacrifice their family life for this aim. As Shaw (2013) assumes, this situation is ââ¬Å"one continuing source of frustrationâ⬠(p. 351) for women. Each female worker inevitably faces dilemma of her development in the company, because choosing both career and family is much harder than dedicating all the lifetime to career. One of the reasons for this situation is absence of guaranteed maternity leave that helps mothers to dedicate enough time to their newborns, and then return to work in a company. Another reason is that companies force women to choose between career and family even during their job interviews. Finally, there is no paternity-leave law in America, which will put men in the same situation as women currently are. In short, it is hard to balance between career and family in America. 2/ In my opinion, United States should require companies to provide paid maternity leave. As I mentioned above, absence of paid guarantee from company for mothers is one of the main reasons why it is hard for contemporary female workers to choose balancing between career and family life. In other words, women do not feel their financial independence in case they give birth to a child. On the contrary, they have to take care of their babies (which takes all of their time) and realize they have to find the way to earn money at the same time. This is the reason why it is common to say, ââ¬Å"Women are just men with less moneyâ⬠(Shaw, 2013, p. 351). In practice, women may find jobs with flexible hours, but they commonly earn less money for these activities (Shaw, 2013, p. 351). In fact, it is not right, because woman with a child obviously needs more money than a lonely woman does. At the same time, company is not ready to pay for the time woman does not
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