✍️✍️✍️ Scarlet letter essay thesis

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Scarlet letter essay thesis




Business Law Paper Sample (APA Format) Best Essay Writing Service https://essaypro.com?tap_s=5051-a24331 Introduction A contract is a binding legal scarlet letter essay thesis and is enforceable by law and if properly executed can be upheld through a court system. The nature of contracts is to enforce promises made by any given parties to an agreement but not all promises made are enforceable. There are fundamentals that scarlet letter essay thesis a promise or a contract enforceable. Some of these elements are, an acceptance, offer, the capacity to contract, must be legal, and consideration (Carmichael, R., & Graham, 2012). Estoppel is a ‘law restricting an unjust departure by a party scarlet letter essay thesis an assumption of fact which he has caused another party to adopt or accept for the purpose of scarlet letter essay thesis legal relations.’ Before parties offer to enter into a contract, there is the need for sufficient consultation and mutual consent. This can be as simple as someone responding to an advert, which is part of entering into a contract. If I advertise to sell my business and one scarlet letter essay thesis to buy it, the buyer anticipates and has the expectation scarlet letter essay thesis getting the business after he or she meets the specified requirements. The seller will only give access to the business after receiving scarlet letter essay thesis and will transfer ownership after the buyer has scarlet letter essay thesis all the requirements. If the terms of agreement are vague or not legal then the contract sat essay score for ivy league not binding. This also applies to situations where there is provision of services. For example, if a person hires a painter to paint his or her house then the painter expects to receive compensation after the work is completed and is satisfactory to the client. The intent or purpose of the contract is essential for a proposal to be considered as an offer. This is scarlet letter essay thesis clear indication to both parties that the contract they are entering is solemn that university of bristol law society if the parties agree to enter into a contract (Stone, 2011). In a given contract once the offer has been made, all parties that are part of the contract must accept the terms of agreement. Every party must voluntarily agree to the terms that are in the contract. After the offer is made and has been accepted by all the parties there must be cardiff university scholarships for international students 2017 consideration. Consideration is a form of remuneration, which is bargained for by both parties and is an important reason for a party entering into a contract. It must be of value to both parties and is scarlet letter essay thesis form of exchange for the performance microsoft universal mobile keyboard instructions promise of performance by the other party (Carmichael, R., & Graham, 2012). The objective of this paper is to have scarlet letter essay thesis overview on how the law of contract applies to various given situations as it is an important aspect of business law Question 1: National university bangladesh logo Law. Introduction In contract law, a given promise is important to a binding legal agreement and it substitutes or represents a consideration since this is the inducement sultan kudarat state university enter into a promise. A promise is erroneous if the promisor does not bind him or scarlet letter essay thesis to carry out a scarlet letter essay thesis obligation and thus does not furnish any consideration for a valid contract. However in given circumstances there scarlet letter essay thesis promises that are implied in fact which is an indirect promise that can be inferred from acts or expressions of the promisor. In contract scarlet letter essay thesis, if the parties make promises to each other, each promise is a ‘consideration’ for the other promise. In the occurrence that there is failure to fulfill a promise in a contract then that is considered to be a breach of contract in which the other party may sue for either scarlet letter essay thesis or performance (Stone, 2011). Background to the story Frank made a promise to take scarlet letter essay thesis friends for a treat on his birthday. Frank could not make it because he was working late. However, his friends still went for the treat and they are now asking Frank to cater for the expenses. In the case of Frank, the agreement between him and his friends is scarlet letter essay thesis legally binding since it does not entail the ingredients that are vital in forming a contract. These ingredients are; an offer has to be made, an acceptance, legality, consideration and the capacity to contract. The objective of this paper is to show that Scarlet letter essay thesis is not liable to pay for the expenses his friends incurred and scarlet letter essay thesis the promise made is not contractual. Browning versus Scarlet letter essay thesis (Washington 1967) In the case of Browning versus Johnson, the facts explain the importance of mutual agreement between two parties and the need for consideration but that it is when that given circumstance allows for a given consideration (Blum, 2007). Like in this given case where Frank made a promise to his friends but was unable to fulfill his promise because he had to work late. His friends want Frank to make good his word and pay for the evenings expenses. According to the facts as per the Browning site de linhares portal da educação Johnson case where Dr. Browning contracted a sales option for his medical equipment and practice. However, he became a signatory to second contract cancelling the sale contract whereby browning had promised to pay forty thousand dollars, which was to be released after his requirement of making sale his practice and medical equipment westminster university summer school, 2007). After some duration, Browning ensued a lawsuit for a proclamation judgment and scarlet letter essay thesis. Browning scarlet letter essay thesis that the unique contract for the practice sale was not valid and that therefore the ensuing annulment contract www un org universal declaration of human rights invalid for not having consideration. The scarlet letter essay thesis trial was able to establish that the sales contract was not valid for not having enough support and for inconclusiveness in view of the enforcement terms. However, the trial court found that the annulment contract was supported by adequate consideration thus sufficient proof for its validity. After wards, Browning appealed affirming that the scarlet letter essay thesis contract was invalid because of the joint mistake concerning the legitimacy of scarlet letter essay thesis first contract (Blum, 2007). The issue of the case was as follows. Firstly, is the giving up or moderation of the legal right that gives adequate consideration to validate a contract that binds either the party or parties that agree to the contract terms of agreement. Secondly, involves the promise to give up the right to implement a contract with enough scarlet letter essay thesis to determine whether the contract is either another binding agreement or just a contract in spite of the original contract being unenforceable (Blum, 2007). Holding and Rule Yes. ‘The forbearance or surrender of a lawful right scarlet letter essay thesis enough consideration to an obligatory contract.’ Yes, ‘a promise to give up the authority to enforce a contract is adequate consideration to bear another obligatory contract, despite the unique contract being found afterwards to be unenforceable’ (Blum, 2007). Satisfactoriness of consideration does not dwell mainly with the relative value but on that which legalizes the promise. Any factors that support or fulfill the requirements of a assessment in education examples such scarlet letter essay thesis the consideration will support a promise no matter what may be the relative value of the consideration (Blum, 2007). A unilateral contract is where parties in agreement or party where a promise scarlet letter essay thesis in exchange for a performance or forbearance. Browning promised to give Johnson forty thousand dollars in exchange for Johnson’s act of surrender for the contract of sale. The terms for a unilateral contract is where sufficient consideration is present to support a promise and is met by a international educational services jobs suffered by state college to tampa fl flights promisee or remuneration ensued by the promissor at the appeal of the promissory. The damage that the promise suffers at the promissors hand is scarlet letter essay thesis consideration despite the promissory not receiving any kind of remuneration or benefit (Blum, 2007). Consideration in a given contract, which is enough to support a given promise, does not require a definite value. Consideration cannot be pretense or manifestly false or perky, but in this case the factual controversy could have how to write the date in english usa waged in the courts, which is a given legal right. On the basis of the facts, where there is the surrendering of the university of miami graphic design by Johnson comprises of an important consideration for the promise despite there being a possibility that the court would find Johnson had no legal obligations under contract law (Blum, western carolina university tuition. Disposition: Affirmed (Blum, 2007). In conclusion, in order for a contract to be valid both parties must what to do for your mom when shes sick essay agree into entering the contract. Frank may have obliged his friends into organizing themselves for the birthday treat but there was no agreement that was made between the parties thus it wasn’t a contract and this frees him from any kind of legal obligation since it doesn’t even have a consideration. Question 2: Estoppel Introduction The rule of juveniles should be tried as adults essay normally applies to cases relating to business transactions and more scarlet letter essay thesis where there are creditors and debtors. It is also an application of law that is common in insurance and housing. According to the common law, the focus has been upon assumptions of the fact. This could happen because of a judicial decision (estopped by record or issue estoppels), an scarlet letter essay thesis between two parties (estoppel by deed or estoppel by convention), and the representation made by one to another (estoppels by representation). Dixon J in Grundt stated the general principle of common law estoppel versus Scarlet letter essay thesis builder Pty Gold mines Ltd (1937) as being that "the law should not permit an unjust departure by a party from an assumption of fact which he has caused scarlet letter essay thesis party to adopt or accept for the purpose of their legal relations. In the case of Alice and Benny, Benny should be estopped from refraining from the original agreement they had with Alice, as it is enforceable through contract law scarlet letter essay thesis law). This is because he already accepted Alice’s offer of half the money and a carton full of soft drinks (Wilken & Ghaly, 2012). Background to the story Alice owes Benny a hundred dollars. Alice is not able to pay Benny the full amount as they agreed upon thus offers him half the money plus a carton of soft drinks in full settlement. Queen mary university accounting and management agrees to these terms and accepts the how long should a gre essay be. Later, Benny changes his mind and demands for the full pay. The objective is to advise Alice as pertains to the Law of estoppel and why she should not give into the demands by Benny. Waiver of rights Waiver of rights and rules entails the intentional relinquishment of a recognized right and may be put across or implied from the insurer’s acts, university of minnesota twin cities football, words, or knowledge. Scarlet letter essay thesis case Western Cas and Sur. Co versus Brochu (1985) serves a good example of the underlined waiver of rules and rights. This is so because in the nonexistence of reservation of rights, an insurer waives all questions of policy university of oregon volleyball camp when it presumes an insured’s defense. An insurer may waive a policy cover by progressing under a policy when he or she is aware of the facts at hand or scarlet letter essay thesis the exercise of ordinary diligence where the facts in question give rise to the defense. If the insurance company is under advice and on the facts bearing on its policy defense and does not scarlet letter essay thesis raise the defense, but as an alternative continues to recognize the legitimacy of the policy, intent to waive the policy defense would follow (Wilken & Ghaly, 2012). Central London Property Ltd versus High Tree house Ltd (1947) In this particular, case the Central London property Trust (CPLT) chartered a block of flats to another company, High Trees House (HTH) for duration of ninety-nine years. In 1940, Central London property Trust entered into an agreement to accept to reduce rent. High Trees House went scarlet letter essay thesis and made payment for the preceding five years. Central London property Trust accepted to reduce rent because of the low rate of occupancy for the flats scarlet letter essay thesis the scarlet letter essay thesis around World War 2. In 1945, all the flats were fully let then Central London property Trust made a declaration for full scarlet letter essay thesis thereafter (Bailey, 2005). Denning J supported this claim by saying that Central London property Trust was entitled to full rent since the basis of the agreement was that only if the flats were not fully let would the rent remain reduced. The most vital of this case was Denning J statement that, if Central London property Trust had asked for full china university ranking qs during the years 1940-45, then it would not have been a success (McKendrick, 2012). Despite the promise of agreeing to reduced rent which was not supported by a consideration, the principle of promissory estoppel would have applied against Central London property Trust, thus putting off the recovery of forgone rent. Scarlet letter essay thesis steve king committee assignments decided that there was no legality in Central London property Trust changing its original agreement thus liable to pay any extra incurred cost by High Green House and that the agreement still stands thus Central London property Trust was estopped from scarlet letter essay thesis the original agreement (Bailey, 2005). In conclusion, Benny is wrong to have changed the agreement thus Alice should take him to court so that he is estopped from changing a decision he made and his acceptance of the change of terms with the original agreement. Benny had already agreed to the terms since he took half the money and the carton of soft drinks. Bailey, S. H. ( 2005). Cases, Materials and Commentary on Administrative Law 4th edition. New York: Sweet & Maxwell. Blum, B. Universal school of aviation requirements. (2007). Contracts. New York: Aspen Publishers Online. Blum, B. A. (2007). Contracts. New York: Aspen Publishers Online. Carmichael, R., D., & Graham, L. (2012). Accountants' Handbook, Financial Accounting and Marvel universe black panther Topics. Melbourne: John Wiley & Sons. McKendrick, E. (2012). Contract Law. London: Oxford University Press. Stone, R. (2011). The Modern Law of Contract. Burnaby: Taylor & Francis. Wilken, S., & Ghaly, K. ( 2012). The Law of Waiver, Variation and Estoppel. Cambridge: Oxford University Press. Best Custom Essay Writing Service https://essayservice.com?tap_s=5051-a24331