Abstract
This paper addresses the three key elements of the Law of Contract that are required under every manifestation of such a binding condition: These are offer and acceptance, consideration, and the intent to create legal relations. This paper clarifies each of these three key elements to better define their impact on the Law of Contract.

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

Abstract
This paper examines how Thomas Hobbes' definition of reason and principle of materialism harmoniously function to support his first law of nature. It looks at how, given that all events proceed from the mechanical pushes and pulls of objects in the physical world within a materialist philosophy, reasoning becomes a process by which to sum certain named things and arrive at incontrovertible conclusions. It shows how, with regards to human beings, Hobbes offers affirmations about their nature from which the first law follows as a logical conclusion. These premises conclude that acting in accord with the first law is the surest way to serve a person's primary physical interest, the preservation of their life.

From the Paper
"To find that a state other than peace is the most advantageous for human beings would be wrong reason because of error, a deception concerning what actually precedes and follows from given events. This is illustrated in the case of the Fool's claim that the "Free Rider" policy is in the best interest of the individual, and thus the most reasonable course of action, though detrimental to the state. Advocating this line of thought is the affirmation that the Free Rider would garner something by breaking contract, while premises allow thwart the personal surrender of any rights or privileges. "

Tags:contracts, equality, leviathan, materialism, moral

Abstract
This paper considers the doctrine of consideration, the test of enforceability and the principles of duties imposed by a contract as evident in such cases as "Stilk v Myrick" [1809]. This paper also discusses the the creation of promissory estoppel created by Lord Denning as well as domestic and commercial contractual agreements.

From the Paper
"In Combe Mr Combe promised to pay Mrs Combe the sum of L100 a year for maintenance, but he failed to do so. Mrs Combe brought an action 6 years later to claim against Mr Combe for the arrears. Mrs Combe did not give consideration to the promise and chose not to apply for a divorce, as requested by Mr Combe. It was held that Mrs Combe did not provide consideration for the promise, despite the husbands promise was made clear with the consideration that the wife acted upon the promise. The doctrine of promissory estoppel could not be used here, as the principle was only intended to be used as a 'sword' not a 'shield'."

Tags:promissory, estoppel, legal, presumptions

Abstract
In this article, the writer discusses that businesses in Canada are bound by many laws. Important among these are contract law, as these govern the contracts that businesses make with each other, and with private persons. This essay discusses the law of contract, and especially laws that apply to breach of contract.

From the Paper
"This will be related to an interview I conducted with Mr. James Pflanz, who is a lawyer specializing in small business issues. The main purpose of contract law in our society has been summarized in this way: Civilized societies promote cooperation, and few institutions do so more ..."

Tags:law, justice, equality

Abstract
This paper discusses laws in Canada that apply to breach of contract, related to an interview the writer conducted with Mr. James Pflanz (a lawyer specializing in small business issues). The writer explains how the law of contract is part of private law, and is designed to make sure that parties to a contract keep their promises to each other, and to provide remedies if parties do not keep their promises. The writer further discusses how in the case of partial or complete breach of contract, the wronged party may use contract law to try and get a remedy, which is usually damages. The writer asserts that it is very important in business to have a really good contract drawn up by a lawyer, so that a party does not suffer undue losses due to breach of a poorly written contract.

From the Paper
"One of the main purposes of contract law is to promote cooperation between parties, and make them keep their promises to each other. When parties cooperate and keep their promises, they can achieve success. However, if they do not work together and cooperate, or if they break their promise, then things can go very wrong. Money may be lost, and it may become a situation where the different parties blame each other for losses. Or else, it may be that a party does not do what they were supposed to do, or do it properly. In this situation, the law of contract lays down ways in which the wronged party can sue for breach of contract. This is the kind of situation I uncovered in a personal interview with Mr. James Pflanz, a lawyer specializing in small business issues."

Tags:private, law, promises, money, business, lawyer

Abstract
The paper explains that contract law has been developed as part of common law and is used to define the necessary parts of the contract and analyze risk in the contract situation. The paper looks at the requirements of a valid and legally binding contract and lists the various types of contracts. The paper also presents an example of an individual making an offer to acquire a property. The paper then looks at the function of communicating and reporting as part of the process of management and risk. Finally, the paper discusses the reasonable person test that can be included as a clause in a contract to help decide potential disputes.

From the Paper
"There are certain elements required of a valid and legally binding contract. A contract is an agreement that involves an offer made and accepted. It is an agreement that is voluntarily created by persons with the capacity to contract. The objectives of the agreement must be legal, and usually the agreement must be supported by some consideration, or a bargained-for exchange of legal value. The law also requires written evidence of the existence of some agreements before they can be enforced, but there are other types of contract that may be valid without a written agreement."

Tags:communicating, reporting, dispute, resolution, bargaining, risks

Abstract
This paper examines how federal and administrative powers have increased their efforts to regulate the field of law in IT and how their most outstanding result has been the composition of the principles of the law of software contracts. The aim of this paper is to analyze the specifications in the document relative to reverse engineering. Otherwise put, the paper assumes the situation of a software producer which stated in his contracts to providers that he bans all forms of reverse engineering. The question at the basis of the analysis is under what conditions should a customer or researcher or journalist be allowed to reverse engineer a computer program.

Outline:
Abstract
Outline of Analysis and Arguments
Stakeholders
The Legislation
The Cases
Analogies
Conclusions and Recommendations

From the Paper
"Reverse engineering affects a wide variety of individuals, which interact with the company, affect the company or are affected by it. However, before being able to identify the categories of stakeholders and the roles they play in reverse engineering, one should first clearly comprehend the concept. In a simplistic formulation, reverse engineering refers to the thorough analysis of a product, with the purpose of becoming accustomed with the principles at its basis. Once this is achieved, the individual will proceed to creating a new item, which does not copy the specifications in the initial program, but is based on its underlying concepts . Pamela Samuelson and Suzanne Scotchmer define reverse engineering as "the process of extracting know-how or knowledge from a human-made artefact." A more complex definition is offered by Patricia Zimmermann. "

Tags:reverse, engineering

Abstract
This seven page paper looks at the doctrine of consideration and the privity of contract with the UK law system of Contract Law, looking at key cases with decisions from major Judges such as Denning, Wilberforce and Steyn, discussing what originally constitutes a contract using past cases such as Gibson v Manchester, moving to the doctrine of consideration and finally looking at the privity of contract.

Abstract
This paper describes contract law and examines the different types of legal contracts. It looks at express contracts, bilateral contracts, unilateral contracts and implied contracts. The paper concludes with a discussion of what makes a contract legal.

From the Paper
"A contract is an agreement made between two or more people and when a contract is made it means that there is a duty created to do or not to do a particular thing. A contract agreement can be oral or written and its purpose is to establish an agreement between the parties concerned and to make clear to all involved their rights and duties which have been stated in the agreement. When an offer has been made and accepted then the parties involved have a legally..."

Tags:contract law, definitions, legal