Business Common Law

Mary McDonald, an 86-year-old woman, was frequently complaining about the high cost of maintenance of her house and high property taxes. She decided to cancel her fire insurance to reduce expenses. Mary’s daughter was aware of her mother’s concern about the property, and she took Mary to the lawyer’s office to sign some papers that would protect her mother. When Mary came to the lawyer’s office, she was advised that the paper she was going to sign was the deed to the property. Mary signed a document. Later on, when the municipal tax bill arrived, Mary McDonald was really surprised to see that the property was in her daughter’s name.

The law of contract requires that there must also be evidence of an intention to create legal relations between the parties. However it is usually held that the decision is against the intention for an agreement domestic in nature to be legally binding, such as in the case of Cohen v Cohen where an agreement between family members that may be morally binding will not necessarily create a lawfully binding contract. However there are exceptions to this. When both parties show an intention to enter a legally binding arrangement and it would be unreasonable for one party to revoke their decision, the arrangement holds evidence of a possible contract.

10. Dan hires Eve to perform at Dan 's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dan files a suit gainst Eve. The court will most likley: award damages to Dan.

40. Principle of Law: In this case, Esposito hired Excel Construction Company to repair a porch roof. All terms of the agreement were specified in a written contract. And the dispute occurred when Excel had repaired the rear porch roof because in the agreement failed to specify whether it was the front or rear porch that needed repair. Under civil law, two parties here had signed a civil contract in writing. Because the contract failed to specify clearly front or rear porch roof, Excel completed its obligation and didn’t break the contract.

1.  Able entered into an oral contract with Baker for the sale of Able 's car for $5,000. Later Baker breached that contract. Able wants to sue to enforce the contract. Under the Statute of Frauds, who is the "party to be charged" in this case?

Intention to create legal relations can be defined as follows. ‘An agreement will only become a legally binding contract if the parties intend this to be so. This will be strongly presumed in the case of business agreements but presumed otherwise if the agreement is of a friendly, social or domestic nature.’ Source (HNC unit 5 Business law course book) In determining whether the parties intend their agreements to be legally binding the court is guided by two presumptions. Parties to a domestic or social agreement do not intend to be legally bond. Parties

Pete’s injury is considered a non-criminal matter. I have recently been assigned his lawyer and we are trying to use the alternative dispute resolution (ADR) method or civil litigation route to resolve the legal matters. After reviewing his case, he has sustained injuries from driving his four-wheeled all-terrain vehicle (ATV) when it rolled over on a trail behind his home. Due to his injuries, he has been out of work and has medical expenses. He is suing the manufacturer for the ATV being defective.

Mercedes Connolly and her husband purchased airline tickets and a tour package for a tour to South Africa from Judy Samuelson, a travel agent doing business as International Tours of Manhattan. Samuelson sold tickets for a variety of airline companies and tour operators, including African Adventurers, which was the tour operator for the Connollys’ tour. Mercedes and injured her left ankle and foot. She sued Samuelson for damages. Is Samuelson liable?

A dealer sold a new car to Raymond Smith. The sales contract contained language expressly disclaiming liability for personal injuries caused as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car.

Objective to build legal relationship: Not all agreements end up in binding contracts that are backed by the court of law. This is due to the fact that not all agreements are made under strict or formal

When it comes to commercial transaction, it is generally presumed that the contracting parties must have the intention to create a legal binding contract. This simply means that if the parties signed a contract for business related activities, then in case the other party fails to fulfill the contractual provision then the other party will be able to sue the other party.

However, consideration is a concept that has no real equivalent in French contract law. According to the Common Law systems, a promise is only biding when there is something in return.

would give 100 £. The company then deposited 1,000 £ in a bank to show

In the article “Consideration - in Acceptance of Contract”， this support Robert’s (2015) evidence that if an act is performed then a subsequent promise to pay by reference to that act is not enforceable as the consideration was past. Other that, he also noted that if there was an implication; the past promise to pay is enforceable.

Mrs. Turner has decided to start her own business running a private day nursery. It is