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Mistakes in Contracts, 2005.
An examination of the implications of mistakes and misrepresentations in legal contracts.
1,524 words (approx. 6.1 pages), 6 sources, MLA, $ 50.95
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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."
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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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Hitler's Mistakes, 2007.
This paper discusses how Hitler's mistakes led to his demise.
885 words (approx. 3.5 pages), 4 sources, APA, $ 31.95
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Abstract
In this article, the writer notes that as a wartime leader Hitler did things right at the beginning, but made major mistakes later on that led to the destruction of his nation. The writer then looks at some of Hitler's military considerations and calculations. The writer looks at Hitler's greatest errors and miscalculations, making use of different relevant works of literature. The writer maintains that Hitler's greatest error, besides underestimating the ability of the Allies to beat him back, was probably the invasion of Russia.
From the Paper
"During the years between 1933 and 1938, Hitler just wanted to build up his arms while he was cutting deals to revise the Versailles agreement and keeping the Allies from pinning him down. His diplomatic strategy at that time was that he didn't want to rattle too many cages or cause too much concern among the New Conservatives in Germany, at first, so he kept to the anti-Bolshevism theme which old-time leaders in Germany agreed with; that is, Germany will take over the Soviet Union one day. Also, France was an enemy of Germany, and the old-liners agreed with Hitler that "reconciliation" with France would never be possible."
"The Germans had tried since 1918 to maintain good relationships with England, but Hitler "despised British democracy"; the United States didn't enter into Germany's immediate plans, but Hitler thought the U.S. was being dominated by "Jews and blacks." Hitler believed Italy was a natural ally, and he was right, Orlow wrote."
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Contract Theory, 2007.
This paper explores the issue of contract law and whether contracts are required for an efficient marketplace.
7,833 words (approx. 31.3 pages), 21 sources, MLA, $ 169.95
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Abstract
This paper discusses the theory of contract and provides a review of contemporary legal contract theories, the relation between contract law and trust and how important lawyers are in contract law for promoting trust in commerce. The paper shows how contracts are the primary business instrument used to transact commercial exchanges in the United States and abroad today. The paper concludes that contract law serves as a bastion of last resort because people will tend to behave in ways that maximize their self-interests at the expense of others.
Outline:
Introduction
Review and Discussion
Conclusion
From the Paper
"Before examining any regulation of contracts, though, Collins (1999) suggests that it is important to gain some concept of a typical contractual relation itself: "This relation plainly differs from other types of human association, such as those found between friends, neighbors, members of a club, and between members of a family. Such an investigation of the social institution of contract presents a considerable problem, because the idea of contract possesses a confusing surplus of meanings" (p. 13). On the one hand, Black's Law Dictionary (1990) defines a contract as "An agreement between two or more parties which creates an obligation to do or not to do a particular thing. As defined in Restatement, Second, Contracts, Section 3, 'A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty'" (p. 322)."
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Analysis of a Contract: eBay, 2005.
Applies the fundamentals of a contract to an online contract, eBay's user agreement.
1,000 words (approx. 4.0 pages), 3 sources, APA, $ 35.95
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Abstract
This paper applies the four fundamentals of contracts to an online contract. It incorporates statutes geared towards contracts, more specifically, statutes dealing with online commerce. The paper uses the online retailer, eBay, as an example.
From the Paper
"The last contractual qualification is capacity. eBay states in section 1 of the agreement that the user must be of legal contractual age which usually means 18. If the user is under 18, he may only use the service in conjunction with a parent or guardian. On the internet it is easy to misrepresent one's age because there is no way to really verify age outside of a valid credit card account - which can be misrepresented as well. Minors can use whatever birthday they so choose during sign-up. Liability for misrepresentation of age lies within the state's statutes."
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Contract, 2002.
A discussion of the legal issues involved in contracts.
2,354 words (approx. 9.4 pages), 5 sources, MLA, $ 72.95
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Abstract
This paper examines the steps taken to transform an agreement into a contract. A contract's essential, natural and accidental elements are described, and the issues which are necessary for a valid contract, and for a contract to be legally binding, are outlined. The paper presents an overview of the necessary provisions written contracts must have. The stages a contract goes through are illustrated. Limitations of contracts are provided, and compensatory damages for a breach of contract are discussed.
From the Paper
"A contract exists when two parties agree to exchange property, money or service. It is an agreement to do or not to do something. An agreement is, therefore, the most important prerequisite of a contract, whereby the parties assent mutually to the terms of the agreement or understanding. It is a promise made by the parties to each other (Legal Information Institute). Contracts, at times, are used interchangeably with covenant and stipulation, but not every agreement is a contract: only agreements, which are legally enforceable are considered contracts."
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Lockes Social Contract: A Convincing Justification for the Political Order, 2000.
This essay examines Locke?s social contract between people and sovereign and how Locke embraces the people?s right of revolution, and assigns the sovereign reciprocal responsibilities to his subjects that Hobbes does not do.
2,160 words (approx. 8.6 pages), 3 sources, $ 67.95
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Abstract
To substantiate the social contract as a valid justification for the political order, I will primarily examine Locke?s social contract between people and sovereign, rather than Hobbes?s social contract among the people, because Locke?s theory is generally superior and more contemporarily relevant. I will first examine the pre-political state of persons, which is the state of nature, and demonstrate that rational individuals are compelled to enter society by agreeing to the social contract. Secondly, I will discuss the principal advantage of the social contract, which is that the government is legitimized by the consent of the people. Thirdly, I will discuss the principal advantage peculiar to Locke?s formulation of the social contract, which is that the sovereign is held accountable for his actions. To more thoroughly examine the validity of the social contract in justifying a political order, I will discuss a possible objection to the use of the social contract, namely, that the social contract cannot oblige any but those who originally formed such a contract.
From the Paper
"After the English Civil War, justifying political authority became a particularly pressing concern. After all, the nation fought a bloody war to determine whether its supreme authority would be King Charles I, who claimed rule by divine right, or the Parliament. Thomas Hobbes?s Leviathan was published in 1651, shortly after the Rump Parliament voted to execute the often-intractable Charles I in 1649. The chaos of the Civil War, regicide, and the establishment of Cromwell?s Protectorate surely led Hobbes to favor a sovereign with absolute power. In contrast, Locke?s Second Treatise on Government, published in 1690, was greeted by a starkly different English political culture. The 1688 Glorious Revolution, a bloodless coup in which the last Catholic monarch, James II, was finally deposed, allowed for the acceptance of the English Bill of Rights. The Bill of Rights finally guaranteed the supremacy of Parliament and the political and civil rights of the people. Granted the historical fact of the Glorious Revolution, Locke embraces the people?s right of revolution, and assigns the sovereign reciprocal responsibilities to his subjects that Hobbes does not do. Although Hobbes and Locke ultimately design markedly different states, each justifies the political order with a social contract. The social contract does, indeed, provide a convincing justification for the political order."
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Changing the Contract, 2007.
This paper discusses issues surrounding the changing of a contract using the example of the Rexam, Inc. company and company retirees.
1,800 words (approx. 7.2 pages), 3 sources, MLA, $ 57.95
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Abstract
This paper explains that a contract must meet three elements: (1) mutual assent, an offer and an acceptance; (2) consideration---each party has to give or give up something and (3) have no defenses--- the parties have truly agreed to the terms. The author points out that neither Rexam, Inc. nor the retirees are disputing the fact of having a contract; rather the issue is to prove whether the company is breaking the contract because of changing the terms in the contract, which they assert is legal because the contract expired. The paper relates that the retirees are arguing that "lifetime" is until they die, no matter when the contract expired, so they believe that there is still a contract. The paper describes many types of contracts and damages.
Outline:
Introduction
Contracts
Elements of
Types of
Counterclaim
Jurisdiction
Case Law
Damages
Conclusion
From the Paper
"Rexam, Inc. along with many other companies who are suing the retirees, do not have to face punitive damages. Punitive damages are what the defendant would owe the plaintiff to punish the defendant for their wrongdoings and to deter similar actions. Since Rexam, Inc. and the retirees are in a contract lawsuit, punitive damages do not apply. The retirees have done nothing wrong to have to pay Rexam, Inc. damages for them wanting to increase the rate they are paying for medical coverage."
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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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Behavioral Contracting, 2004.
This paper discusses the relationship between the use of behavior contracts and student?s ability to stay on task.
1,095 words (approx. 4.4 pages), 9 sources, MLA, $ 38.95
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Abstract
This paper defines behavioral contracting as a written contract containing behavioral obligations a student and his teachers, and often his parents, must fulfill, which usually involves incentives given to a child when he meets his behavioral obligations. The author points out that the aim of behavioral contracting is to modify ?inappropriate?, ?abnormal?, or ?undesirable? behavior by gradually accustoming a child to a particular pattern. The paper stresses that the goal of developing a student?s focus and attention is the essence of a behavioral contract, thus obligating a student to keep his focus on his task whenever necessary.
Table of Contents
An Introduction to Behavioral Contracting
Knowing a Child?s Individual Needs to Achieve a Successful Behavioral Contracting
General Instructional Principles for a Successful Behavioral Contract
Refocusing Strategies to Keep a Student Stay on Task
Summary: Relationship Between Behavioral Contracts and Student?s Ability to Stay on Task
From the Paper
"Provide Advance Warnings. Letting students know of the proceedings of a lesson or activity, such as telling them that the current lesson is about to end and a new one will be introduced, will keep their focus and attention on learning. Unlike when they are only aware that a lesson is to end, they might be eager waiting for that time and might expect or think of fun things to do like playing. Hence, their focus to learning will be lost."
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Locke and Rousseau on the Social Contract, 2002.
Looks at the contrasting viewpoints on the 'social contract' by political philosophers, John Locke and Jean Jacques Rousseau.
1,900 words (approx. 7.6 pages), 3 sources, $ 71.95
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Abstract
John Locke and Jean Jacques Rousseau both employed the "social contract" device, yet they arrived at very different political conclusions. Rousseau believed very much in a social contract, but in which the freedom of the individual would have to be subordinated to the collective good. In other words, in his eyes, people would have to abide by a certain contract and sacrifice their own individuality. Locke was much different in that he also believed in a social contract, but a social contract that the government, not the people, was responsible to. If the government sacrificed the contract, then the people had a right to throw the government out.
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Rousseau?s ?The Social Contract?, 2002.
This paper discusses the concept of the General Will, a vital element in the study of the social contract Rousseau proposed in ?The Social Contract?.
645 words (approx. 2.6 pages), 1 source, $ 23.95
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Abstract
This paper discusses Rousseau's concept of the General Will presented in ?The Social Contract?: The General Will is the primary tool of the Sovereign that will either make the Social Contract valid or not. The paper defines the General Will as a collective form of consent of the people to let others govern them. The author feels that the General Will is beneficial in that it takes into account the welfare of all the people.
From the Paper
"In proposing the social contract, Rousseau mentions that each person in the state will have to give a part of their rights to the leader or government, in which the people entrusts, to help them run the state. For Rousseau, the General Will is the combined force of the people that enables a leader or a government the right to govern and recognize their powers to exercise and come up with vital decisions concerning the welfare of the people and the state. Thus, because of the entrustment of the will of the people to a leader or to a government, Rousseau then describes that the General Will ?is always right and tends to the public advantage; but it does not follow that the deliberations of the people are always equally correct.? "
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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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Setting Aside of Contracts in U.S. and Australia, 2007.
A comparison of the setting aside of contracts in the United States and Australia.
2,309 words (approx. 9.2 pages), 10 sources, APA, $ 71.95
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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)."
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Capacity of Minors in Contracts, 2004.
This paper discusses the extent a minor can be involved in a contract.
1,575 words (approx. 6.3 pages), 5 sources, MLA, $ 55.95
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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."
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