This paper discusses the extent a minor can be involved in a contract.
Essay # 73625 |
1,575 words (
approx. 6.3 pages ) |
5 sources |
MLA | 2004
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Abstract
This paper attempts to explore the capacity of minors in the United States to form contracts, to break contracts and their legal liabilities for doing so. The paper touches on issues including the rights of other parties to such a contract and the concept of emancipation of minors. The paper defines minors and age of majority and also presents a historical context.
From the Paper
"The law of contracts is concerned with the rules governing legal agreements. Contractual capacity is the minimum competence required by law for a party who enters into a contract to be bound by it. Certain persons are not considered to have sufficient capacity to be bound to or by contracts they may sign. A minor is normally deemed not to have such capacity. A minor is a person who does not have the legal rights of an adult."
Tags:Contracts, contract law, minors, legal liability, contracts for necessary items, emancipated minors.
This paper comprises two essays on contracts in Canadian construction.
Analytical Essay # 140889 |
3,750 words (
approx. 15 pages ) |
4 sources |
MLA |
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$ 62.95
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Abstract
This is two papers that demonstrate the student's full understanding of contracts in Canadian construction led by the commonly used CCDC-2. The paper provides a discussion of 3 and 4 and their differences and addresses the implications of a formal contract vis-a-vis architect, client, contributors to the project. The second paper shows thematic understanding of project management of which actual construction is one feature, with an emphasis on client relationships, the need for acquired awareness of what happens in the business of architecture, and the need for experience gained in firm settings before attempting private practice.
From the Paper
"This paper refers to standard contracts used in the Canadian construction industry in CCDC-2, CCDC-3 and CCDC-4 by a variety of architects, civil engineers and building contractors. The Canadian Construction Documents Committee (CCDC) is a national joint committee made up of public and private sector participants, the Canadian Bar Association as an ex-officio player, the Association of Canadian Engineering Companies, the Canadian Construction Association, Construction Specifications Canada and the Royal Architectural Institute of Canada. Policies and procedures are set through..."
Tags:contracts, project mgt, canada
A comparison of not-for-profit and for-profit hospitals.
Comparison Essay # 124381 |
500 words (
approx. 2 pages ) |
10 sources |
APA | 2008
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$ 10.95
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This paper compares and contrasts the financial aspects of not-for-profit hospitals and large academic medical centers.
From the Paper
"Community non-for-profit hospitals and large academic medical centers are operated quite differently from a business and financial standpoint, and this results in many differences in financial implications as well as a few basic similarities. As might be expected, for-profits are more responsive to changes in service profitability than other types of hospitals and are more likely to offer relatively profitable medical services. According to a study in the Canadian Medical Association Journal, "Investor-owned hospitals have higher charges than non-profit hospitals as well as...""
Tags:for-profit hospitals, not-for-profit hospitals, nonprofit, large academic medical centers, teaching hospitals, financial
An outline of a paper on four types of healthcare contracts.
Term Paper # 127472 |
250 words (
approx. 1 pages ) |
2 sources |
APA | 2008
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$ 10.95
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This outline identifies four types of healthcare contracts--teletracking, Workman's Comp, health insurance, and contract physician services--and identifies what they are and when it is necessary to use them, as well as comparing and contrasting Workman's Comp with the others.
Tags:healthcare contract, contract physician, teletracking, Workman's Compensation, health insurance
An examination of the implications of mistakes and misrepresentations in legal contracts.
Essay # 63374 |
1,524 words (
approx. 6.1 pages ) |
6 sources |
MLA | 2005
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$ 30.95
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Abstract
Generally speaking, a contract is an agreement that is enforceable through the courts. Clearly, in order for all of the parties to any given contract to achieve the desired goals of the agreement, everyone involved must be informed of the circumstances and facts surrounding the agreement. It is important to capture all of the elements required for its execution when crafting the instrument. People - even lawyers - are only human, though, and intentional and unintentional mistakes and misrepresentations are sometimes made in contracts that can have profound implications for all of the parties involved. To gain a better understanding of what these implications might be, this paper provides an overview of contract law, and what the authorities have to say about contracts containing mistakes and misrepresentations. A summary of the research is provided in the conclusion.
Outline
Introduction
Review and Discussion
Background and Overview
Mistakes and Misrepresentations in Contracts
Elements Required for a Contract to be Valid
Conclusion
References
From the Paper
"The research showed that contracts are a special type of agreement between two or more parties that is enforceable in court. In order for a contract to be enforceable, though, the three key elements of consideration, capacity, and legality must be satisfied. To meet the legality element of this formula, a contract must be free of misrepresentations; however, mistakes can and are made all of the time in contracts and these can be remedied if all of the parties agree to it. In many cases, though, courts will enforce contracts even if they contain mistakes if the contract was made in good faith and satisfies the other requisite elements. Misrepresentations, though, generally represents a death blow to any contract if it is determined that one or more parties intentionally misled the other party or parties, and mistakes based on such misrepresentations will not be a legitimate defense for this misrepresenting party or parties."
Tags:law, court, legitamate
An overview of risk in derivative contracts and in particular forward exchange rates in currency markets.
Research Paper # 42832 |
3,650 words (
approx. 14.6 pages ) |
15 sources |
2002
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$ 60.95
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Abstract
This paper will probe further into the issue of risk in derivative contracts. A special focus will be given to forward exchange rates in currency markets. This is an increasingly active and volatile arena that is both interesting and important to study. Currency flows each day total well over 1 trillion dollars (US), greatly exceeding the actual value used for foreign trade. Other derivative contracts used by corporate investors will also be considered. In the final analysis, it is clear that all financial instruments are derivative contracts in one form or another. What separates them is the degree of volatility and risk. The riskier the financial instrument, the more difficult it is to establish forward rates.
This paper discusses the work "Oil for What? Illicit Iraqi Oil Contracts and the UN Security Council" by P. Heaton.
Book Review # 94397 |
1,483 words (
approx. 5.9 pages ) |
1 source |
APA | 2007
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$ 29.95
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Abstract
In this article, Heaton's work, the United Nation's Iraqi Oil-For-Food program and its suspected illicit dealings, are investigated. The writer points out that over a 6 1/2 year period, beginning in 1996, more than 1,300 oil contracts were issued, with the intended purpose of humanitarian relief for the Iraqi people. However, the writer shows that many have questioned whether all of the money transferred during contract issuance through oil extraction went to the humanitarian aid for which it was originally intended. The writer discusses that Heaton looks to answer the economic question of whether or not Saddam Hussein utilized these contracts to line his personal coffers, as well for the purchase of weapons.
From the Paper
"This is an important question that needs to be answered for two reasons. First, the United Nations needs to understand not only where their Oil-For-Food program went right, but also where it went wrong. The idea behind the program is a sound one. It allows the U.N. to economically sanction a country, punishing its leaders, but still be compassionate to the general populace that have little to no choice in their country's matters. However, as this work demonstrates, if there are loopholes in the program, and the details are not sufficiently considered, the punishments, meant by the economic sanctions, will barely be felt by those in power. And, in fact, despite rules to the contrary, sanctioned countries cannot only acquire the hard currency they desire, but also weapons as well, circumventing restrictions. The article implies that Hussein was able to offer oil contracts significantly below market value, in exchange for kickbacks, which were given when the contracts were resold to other individuals or organizations, to actually extract the oil, closer to market price."
Tags:Saddam, Hussein, humanitarian, aid, economic, sanctions
A comparison of the setting aside of contracts in the United States and Australia.
Research Paper # 92564 |
2,309 words (
approx. 9.2 pages ) |
10 sources |
APA | 2007
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$ 42.95
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Abstract
While the United States and Australia are literally a world apart geographically, the two countries share much in common today, including the English language; a legacy of British influence, customs and traditions; a comparable constitution; and, more importantly for the purposes of this discussion, the common law. The research shows that the respective contract laws that evolved over time in these two countries share this heritage, but some important differences have emerged that can make the difference between a successful contract and a failed one. Given the importance of timely and equitable adjudication of contracts of all types today, though, it is therefore important to understand when these legally binding instruments can be set aside and for what reasons. To this end, this paper provides the relevant background and a discussion of how and why contracts can be set aside in Australia and the United States. This is followed by a summary of the research and salient findings in the conclusion.
Outline:
Introduction
Review and Discussion
Background and Overview
Contract Law in Australia and the U.S. - Current and Future Trends
Conclusion
References
From the Paper
"In fact, the legal system used in the United States and in most of the member states of the Commonwealth of Nations, including Australia, in based on this body of common law. As a result, common law is differentiated from formal rules that were developed by the separate acts of equity, to statute law (i.e., the acts of legislative bodies), and to the legal system derived from civil law that is now more popular in continental Europe and elsewhere (Kiralfy 2006)."
Tags:common, law, statute, third, party, Civil, Liability
An overview of C.I.F type contracts and their risks.
Essay # 23385 |
1,473 words (
approx. 5.9 pages ) |
3 sources |
MLA | 2002
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$ 29.95
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C.I.F. contracts refer to cost, insurance and freight for the international sales of goods where the seller accepts responsibility for arranging insurance. The cost of the insurance is charged in the invoice itself and is prepared by the seller. This paper examines the impact of a C.I.F. contract on determining prices, the exchanging of property and risks and methods outlined under this type of contract. The paper concludes that C.I.F. contracts provide a usable agreement for international trade between different countries and clearly delineates the responsibilities of both the buyer and seller.
From the Paper
"C.I.F. contracts like any other contract outline the defined role that the buyer and seller play in exchanging money for goods. The key here is that this instrument if used for the international sale of goods and is an effort to make the process easier. It is only one of several incoterms that deal with such matters as which party is responsible for the transport of goods, who pays the insurance and who pays custom fees, etc.
There is an element of risk on both parts from the moment the shipment leaves one port until it reaches its final destination. Having clear documentation in the form of a C.I.F. contract has established standards for efficiently moving goods between countries."
Tags:incoterms, weather, conditions, sea, inland, transport, waterway, documentation, warehouse, insurance
An argument for restoring mens rea as a necessary requirement for criminal intent in the criminal justice system.
Argumentative Essay # 106006 |
840 words (
approx. 3.4 pages ) |
4 sources |
APA | 2008
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$ 17.95
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This paper describes mens rea as an example of an objective principle that is logically relevant in many criminal issues. It describes why mens rea is a necessary requirement for criminal intent in the criminal justice system. It also presents the argument for eliminating mens rea from criminal justice. The paper concludes that the preferable solution would be to restore mens rea to certain types of criminal conduct, as a relevant issue in some cases, but not a universally necessary component of criminal culpability in all cases.
From the Paper
"One need only consider the misapplication of the distinction between ordinary negligence and criminal negligence to illustrate the potential for inequity where fundamental logical principles like Mens Rea are ignored in all situations, by inflexible rule. A few times every year, the news media broadcast tragic results of negligence: absent-minded but loving parents back the family SUV over a toddler or a caretaker accidentally leaves a baby in a locked car, or even pulls out of a supermarket parking lot with an infant strapped to a car seat on the roof. Under certain circumstances, the tragedy, although undoubtedly caused by negligence, does not constitute criminal behavior; in other circumstances, the same overt act crosses the line from mere negligence to criminality. Imagine eliminating the distinction between ordinary negligence and criminal negligence without regard to circumstances: parents prosecuted for criminally negligent homicide or manslaughter in every case where mistake or momentary inattention took the life of a child; or parents never being held criminally responsible, even after the identical loss of a second or third child because it was accidental. All three times."
Tags:negligence, homicide, accident, liability