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Contract Law: The Case of Sally, 2008.
This paper explores contract law and its applicability in a specific situation.
2,426 words (approx. 9.7 pages), 4 sources, MLA, $ 74.95
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Abstract
The paper reviews a contract case involving a young woman who has driven two of her co-workers to work for a number of months and who also drives her younger sibling to school each day. The paper outlines what aspects of traditional British and Canadian contract law are applicable and explores what obligations the driver has to each of the three individuals discussed above. The paper shows how oral contracts, while more difficult to enforce in a court of law, are nonetheless binding upon the parties involved and impose real terms and conditions that should be respected.
From the Paper
""Sally" is a person who drives to work each day. In so doing, she also brings along with her two co-workers, Mary and George. When she first started giving Mary and George rides to work, she was informed by Mary that the latter would pay her a certain sum of money each month to go towards the cost of gas and towards vehicle maintenance; Mary also told Sally that she would need a month's notice if the latter could not take her to work as she had trouble securing an alternative means of transportation. For his part, George did not offer Sally any money at the start, but the end of the first month did inform Sally that he would give her a certain amount of money each month for the "inconvenience" of having to drop by his house early each morning. Incidentally, Jason is Sally's younger brother and he promises to keep the car clean and "mechanically sound" if she will provide a lift each day."
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Contract Law: Breach of Contract, 2008.
A discussion of the law of contract, and especially laws that apply to breach of contract.
1,347 words (approx. 5.4 pages), 4 sources, APA, $ 45.95
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Abstract
This paper discusses laws 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."
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Contract and Tort Law, 2005.
A discussion regarding the legalities involved in Contract Law and Tort Law.
900 words (approx. 3.6 pages), 2 sources, $ 35.95
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Abstract
This paper discusses the differences between tort law and contract law, and how they impact on the individual and/or organization. According to this paper, taking legal action based on tort law and contract law, is not simple. One has to taken the issues involved into very careful consideration. This paper reviews the issues and the necessary steps to be taken.
From the Paper
"Tort law and contract law specifically impact individuals or organizations that believe that they have encountered others who have negatively impacted them in an intentional manner. Yet, the determination of finding legal recourse through tort law or contract law requires specific attention to the actions that have occurred, as well as whether or not those actions may encompass both areas of law in relation to the individual. Contract law is, by definition, an agreement between two parties in which both are willing to enter into a binding mutual exchange where both entities benefit. The contract states what the parties are willing to exchange and generally provides all of the stipulations of that agreement in documented or verbal form (Rowley). The documentation or verbal agreement allows the parties to have proof of their intentions, and should those intentions not be met either party has a legal recourse through lawsuit as necessary."
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Federal Construction Contracting Laws, 2003.
A complete overview of the federal construction contracting laws in play in the United States.
3,737 words (approx. 14.9 pages), 15 sources, APA, $ 103.95
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Abstract
Federal contracts for construction, while similar in many respects to other types of federal contracts, have some unique aspects that have caused the federal government to create a system of rules within the Federal Acquisition Regulation (FAR) specific to construction contracts. The federal government has been justified in creating these rules separate from those that apply specifically to supply and service contracts. This paper focuses on some of the unique rules and regulations that apply to federal construction contracts, including those related to contract types, labor laws, specifications, payments, delays, and differing site conditions.
Abstract
Overview
Contract Types
Federal Construction Contracting Laws
Contract Performance and Specifications
Payment Financing
Delays
Differing Site Conditions
References
From the Paper
"The federal government is the largest owner of real property in the world (Bastianelli, et. al., 1998), so it stands to reason that they spend an enormous amount of money on construction and maintenance of that property. It is difficult to gauge exactly how much the federal government spends on construction annually, but it is noteworthy that the Department of Defense alone planned to award over $10 billion on construction contracts in 2002 (Bush, 2001). Because of this significant amount of construction outsourcing, and the intricacies that go along with construction contracting, the federal government has been justified in developing unique regulations and rules for construction contracts. The federal government, in the Federal Acquisition Regulation (FAR), defines construction as, ??construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property?? (FAR 2.101). Determining whether or not something is considered a building or a structure is general straightforward, although there are always exceptions. However, the line defining whether or not something is real property can, at times, be somewhat unclear. The FAR does not provide a definition for real property, but in federal contracts the common legal definition is used, that real property is, ??land and all things that are attached to it?? (Lectric Law Library, 2003). Though many of the clauses, terms and conditions, and rules applicable to federal construction contracts are the same, or similar, to those that are used on federal contracts for supplies, there are a number of differences in the nature of contracting for construction that have caused the federal government to create separate laws that deal specifically with federal construction contracts. One of the major differences is that construction contracts are performed on Government property. Because of this, construction contractors are subject to a great deal more in the area of inspections and general surveillance on their contracts (Abernathy and Kelleher, 1976). Construction contracts typically have much more paperwork than federal supply contracts. On construction contracts, a contractor is required to file daily reports showing that they complied with all the unique construction regulations, including safety, schedules, and submittals of material samples (Arnavas, 2001, ?? 27.4.a.). Construction contracts are subject to much greater scrutiny on performance than supply contracts, as detailed analysis and explanation of any deficiencies are reported to contractors and contractors have the right to respond. Past performance information is also kept on construction contracts for six years, where the norm on supply contracts is three years (Arnavas, 2001, ?? 27.4.a). Other differences that will be the focus of this paper include contract types, labor laws, specifications, payments, delays, and differing site conditions."
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Contract Law, 1998.
Discusses aspects of current contract in relation to business law. Focuses on the status of "domestic partnerships" as a form of marriage & the implications for contract law reform.
1,350 words (approx. 5.4 pages), 6 sources, $ 47.95
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From the Paper
" Contracts
Contracts and Domestic Partners
In the context of current events, the recent ruling involving San Francisco's landmark "domestic partners" law is an important modification of contract law. In the 1996 first-in-the-nation partners ordinance, the City of San Francisco required that companies doing business with the city offer the same benefits to employees with domestic partners as they do to those in traditional marriages. U.S. District Court Judge Claudia Wilken said the 1996 ordinance was constitutional (San Francisco "domestic partners" law..., 1998).
Judge Wilken's ruling came as the end result of a suit brought by the Air Transport Association which contended that San Francisco's 1996 domestic partners ordinance intruded on.."
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UK Contract Law, 2005.
This paper studies contract law as it applies to consumer products in the United Kingdom.
675 words (approx. 2.7 pages), 4 sources, $ 26.95
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Abstract
This three page paper examines the legal issues concerned with consumer products in the UK. In this context, it is evident that identifying liability for any harm or injury that ensues from the purchase and use of a product is the central issue. The writer points out that liability is determined by a number of factors, including the accuracy of ads and labels, the responsibilities of consumers to read and heed the information in ads and labels, and a number of other relevant issues, such as the applicability of exclusions and limitations.
From the Paper
"In analyzing the legal issues concerned with consumer products, it is evident that identifying liability for any harm or injury that ensues from the purchase and use of a product is the central issue. Liability is determined by a number of factors, including the accuracy of ads and labels, the responsibilities of consumers to read and heed the information in ads and labels, and a number of other relevant issues, such as the applicability of exclusions and limitations. Evaluating the various legal remedies available to protect UK consumers from faulty products and fraudulent advertising requires not only an examination of consumer protection law, but assessments of their effectiveness. An in-depth understanding of the remedies concerning breach can be demonstrated by discussing specific case examples."
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Contract Law, 2008.
This paper examines the basic elements of legally binding contracts.
1,108 words (approx. 4.4 pages), 3 sources, APA, $ 38.95
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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."
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Law of Contract, 2002.
A discussion of the impact of offer and acceptance, consideration and the intent to create legal relations on the Law of Contract.
1,400 words (approx. 5.6 pages), 10 sources, $ 53.95
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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.
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Law of Contract, 2004.
A critical analysis of an intention to create legal relations which could be used to replace the doctrine of consideration.
2,106 words (approx. 8.4 pages), 2 sources, MLA, $ 66.95
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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'."
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Contract and Consideration within The UK Law System, 2002.
A look at the doctrine of consideration and the privity of contract with the UK law system.
1,650 words (approx. 6.6 pages), 17 sources, $ 62.95
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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.
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Zipf's Law and Benford's Law, 2007.
An analysis of the mathematical significance and applications of Zipf's Law and Benford's Law.
1,279 words (approx. 5.1 pages), 4 sources, MLA, $ 43.95
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Abstract
This paper addresses both Zipf's Law and Benford's Law. It describes the theories of each law in detail and discusses how they can be applied to various situations. It describes Zipf's Law as not a theoretical law, but rather an experimental law. The paper then discusses the significance of these two laws to the field of mathematics.
From the Paper
"However, there is some lack of precision where this is concerned. Most items have to occur a number of times that is actually an integer (Li, n.d.). In other words, a word that is seen within a document cannot appear in that document 2.5 number of times. It either must appear, in this example, 2 times or three times, since there cannot be an area of the document where only 1/2 of the word appears. Despite the fact that there is some variation and lack of precision, however, when wide ranges are examined and one only desires to have a relatively close approximation, many of the natural phenomena that are seen in this world do obey Zipf's law (Li, n.d.). This is seen to hold true as long as the individual examining the issue is not looking for scientific precision and will accept the slight variation that is seen."
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American Law and Jewish Law, 2003.
Discusses the similarities and differences between American law and Jewish law (the Halakha).
2,300 words (approx. 9.2 pages), 10 sources, APA, $ 79.95
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Abstract
This paper discusses the similarities and differences between American law and Jewish law (the Halakha) in terms of change, obedience and morality. It discusses each legal systems' approach to obeying the law, law and change, and the nexus between law and morality.
From the Paper
"In discussing the idea of law legal scholar Dennis Lloyd stated that contemporary law in Western society is very much the product of influences emanating from the ancient Greeks and Hebrews who individually brought a ..."
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Case Law and Statute Law, 2005.
A theoretical comparison of these two sources of English law.
834 words (approx. 3.3 pages), 2 sources, MLA, $ 29.95
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Abstract
This paper attempts to define the differences between England's common and statute laws. It looks at how the laws are formed as well as their fundamental purpose. It examines how statute is interpreted and acted upon by the courts and how it follows that precedents are formed as new cases arise. It also demonstrates how over time, statute will become part of common law as judges follow previous decisions in new cases where applicable.
From the Paper
"For political bills or proposals to become statute, that is to become Acts of Parliament, they must first be debated in the House of Commons (this is made up of elected representatives of the wider public, Members of Parliament or MPs). However, this is just the start if the process: the proposed legislation must then be accepted by MPs by way of a successful vote and further ratified by acceptance in the House of Lords. The House of Lords is the supreme court in Britain and may refuse to pass the law; but a bill can be forced through using the Parliament Act if such action is deemed necessary for Parliament to fulfil its obligation to make laws in the best interests of the nation. "
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Competency to Stand Trial in American Law and New York Law, 2000.
A brief look at the notion of competency or fitness to stand trial, as the notion has been shaped and changed since the 1960s.
2,235 words (approx. 8.9 pages), 14 sources, $ 69.95
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From the Paper
"The history of the doctrine of competency to stand trial arose in English common law out of a concern for fairness in the trial of accused persons who, if found guilty of criminal charges, would suffer deprivations of liberty and other penalties. One of the earliest United States Supreme Court cases (Dusky v. United States,1960) determined that a defendant's competency to stand trial depended on "whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding" and "whether he has a rational as well as factual understanding of the proceedings against him"."
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Social Law and Statutory Law, 2006.
An overview of the juvenile justice system in the U.S. and how it deals with juvenile delinquency.
932 words (approx. 3.7 pages), 3 sources, APA, $ 33.95
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Abstract
This paper examines the juvenile justice system in the United States, explaining the reasons why it is separated from the regular crime system and how it is influenced by the political and social conditions of the state. Particular attention is paid to the juvenile justice system in California and how the system has increasingly focused on incarceration rather than rehabilitation. Finally, the paper discusses evidence indicating that mental health services at an early age are highly effective in treating potential juvenile offenders and turning them away from a life of crime.
From the Paper
"The main object of separating the juvenile justice system from the regular crime system had been on the assumption that minors were different from adults in their ability to make decisions and understand consequences, "The juvenile justice system has evolved over the years based on the premise that juveniles are different from adults and juveniles who commit criminal acts generally should be treated differently from adults" (Roberts, 2005). It was observed that the younger the offender, the more likely that a repeat offense would be stopped and a change in behavior would be observed. It was, therefore, thought that youngsters should be given the benefit of the doubt and should not be treated as adult offenders."
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