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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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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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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, 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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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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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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Entertainment Law, 2005. This paper explores the legal issues especially affecting musicians, focusing on royalties and copyrights and provides a guide for representing artists and publishers. 3,815 words (approx. 15.3 pages), 6 sources, APA, $ 104.95 »
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Abstract This paper explains that entertainment law is a diverse field of law that integrates contracts and intellectual property law, which includes every book, movie script, theatrical performance, sound recording and television show. The author points out that the language and arrangements in entertainment law contracts between a royalty earning party, such as a recording artist and a royalty paying party, such as the production company, between a producer and a production company and between a record label distributor and an artist, producer and/or production company are varied and complex. The paper concludes that the protection for artists provided by entertainment law is a valuable asset when used correctly; therefore, artists should be encouraged to seek legal help when negotiating contracts and entertainment lawyers should be careful to examine fully the complex details and implications of these contracts.
Table of Contents
Introduction
Royalties
Mechanical Royalties
Performance Royalties
Synchronization Fees
Print Music Income
Understanding Royalties
Negotiating a Contract
Copyright
Conclusion
From the Paper "In May 2004, State Attorney General Eliot Spitzer negotiated a deal with the leading U.S. recording companies that returned nearly $50 million in unclaimed royalties to thousands of performers. The agreement was made after a two-year investigation by Spitzer's office, which found that many artists and writers were not being paid royalties because record companies did not maintain contact with the performers and had stopped making required payments. This problem affected both star entertainers with numerous hit recordings and ambiguous musicians who may have had only one recording."
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Environmental Consulting Firms, 2001. Need for such services for businesses. Environmental law, contract law, labor law. IRS & OSHA roles. Land use control. Uses hypothetical firm for example. 3,600 words (approx. 14.4 pages), 14 sources, $ 127.95 »
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From the Paper "Federal and state laws that protect the environment affect businesses of all kinds, not just developers. Consequently, numerous firms have sprung up that help companies navigate this area. To succeed, such firms must be knowledgeable about many areas of the law beyond their expertise in environmental law. This paper will examine the breadth of knowledge required for a successful environmental consulting firm.
This hypothetical firm provides services for environmental site assessments, environmental compliance audits, discharge permit acquisitions, and environmental liability assessments associated with real property transfers. In addition to environmental law, the firm would need to be familiar with administrative law, contract law, labor law, and real property law (land use control)."
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Doing Business In Saudi Arabia, 1999. An overview of economic, government, historical, religious and cultural factors related to foreign investment and business, focusing on legal issues. Discusses commercial law, contracts, business organizations, labor, taxation, arbitration law andmore. 4,725 words (approx. 18.9 pages), 15 sources, $ 135.95 »
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Abstract Although the Saudi Arabian government has been attempting to diversify the Saudi economy for over 20 years, the central source of Saudi prosperity is the petroleum industry. The petroleum industry is mature. Hence, the government is beginning to realize that it needs foreign investment in order to decrease the dependence on oil and to encourage sustainable growth and development
From the Paper "DOING BUSINESS IN SAUDI ARABIA: AN OVERVIEW OF THE LEGAL CLIMATE
Introduction
Climate for Investors
Although the Saudi Arabian government has been attempting to diversify the Saudi economy for over 20 years, the central source of Saudi prosperity is the petroleum industry. The petroleum industry is mature. Hence, the government is beginning to realize that it needs foreign investment in order to decrease the dependence on oil and to encourage sustainable growth and development.
Foreign investors look at many factors in making the decision to invest in another country. One of the main factors is the stability of the government. Stability has not been a ..."
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Consumer Laws in the United Kingdom, 2002. This paper uses a case study to examine United Kingdom Consumer Laws and Consumer criminal laws. The laws are meant to protect consumers against defective and unsafe products and services. 16,682 words (approx. 66.7 pages), 4 sources, MLA, $ 249.95 »
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Abstract United Kingdom Consumer Laws and Consumer criminal Laws are meant to protect consumers against defective and unsafe products and services. They can be invoked if a consumer feels he was taken for a ride and given product or service, which did not meet his needs or was faulty in any sense. We need to understand that certain conditions apply when these laws are made use of to bring charges against a trader. For example, the nature of product or service doesn't count at all but the length of use; special seller instructions, representation of a product etc. play a dominant role in determining the exact nature of breach of contract between the seller and the consumer.
Proposal-Introduction
Executive Summary
-------Rights and Liabilities-Used car
-------Rights and Liabilities-Seat cover
-------Rights and Liabilities- Cell batteries
-------Rights and Liabilities-Re-roofing
-------Rights and liabilities-Dogs
Conclusions/Recommendations
From the Paper "Eleanor and Nicos needed to purchase a second-hand car and visited Solid Cars for this purpose. There they found a Range Rover, which was being offered for ?2,000. The salesman informed them the original engine of the Rover had been replaced with a reconditioned engine. After initial discussions with the salesman, they agreed to purchase the vehicle through their debit card. The salesman however told them few things, which later proved to be incorrect and caused them several problems during test-drive."
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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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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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