This website uses cookies to ensure you have the best experience. Learn more

Business Law Essay

617 words - 3 pages

Business Law

Week One Homework Problems:

9.4 No, Winkle does not receive the profit-sharing bonus. Under the equitable doctrine of quasicontract, a court may award monetary damages to a plaintiff for providing work or services to a defendant even though no actual contract existed between the parties. This doctrine does not apply where there is an enforceable contract between the parties. In this case, there was a written employment contract between the parties. Thus, for Winkle to be entitled to the profitsharing bonus the court must find that the written employment contract was altered in writing or by an executed oral contract.

Winkle testified that the agreement to receive profitsharing was an oral agreement. Thus, the question becomes whether the oral agreement was executed, i.e., fully performed. The court held that because Winkle had not been paid his salary and bonus, ...view middle of the document...

The court found that the prior policy was a separate and independent agreement that came to an end by its own terms. It contained no automatic renewal clause and failed to the bind the parties in any way after the expiration of the original policy. None of the communications amounted to an acceptance.

In addition, the Court held that silence could be considered acceptance where the prior dealings between the parties so indicate or where the recipient retained the benefit of valuable services. The court, however, found that the past dealings of the parties established no course of conduct between the parties and that since the second policy was never in effect. Andrus never received any benefit. JC Durick Insurance v. Andrus, 525 A2nd 249 (1980)

11.4. No, Gough cannot recover the cost to re-erect the thirty-two fallen trusses. An agreement on the part of one to do what he is already legally bound to do is not sufficient consideration for the promise of another. In this case, Gough assumed no obligation or duty that he was not bound to perform under the terms of the original contract. Under both agreements Gough agreed to erect and properly place the same number of trusses. Accordingly, Gough is not entitled to any sum not contemplated by the original contract. Robert Chuckrow Construction Company v. Gough, 159 S.E.2d 469 (Ga.App. 1968).
13.1. No, the estate cannot rescind the contract based on its unilateral mistake. A unilateral mistake occurs when only one party to a contract is mistaken about a material fact regarding the contract unless (1) the other party knew of the mistake, (2) the mistake is a result of a clerical or mathematical error not the result of gross negligence, or (3) the mistake is so serious as to make the enforcement of the contract unconscionable.
In this case, the statement about the size of the property was not the essence the contract the and the purchasers committed no fraud or negligent misrepresentation to justify rescission. The parties agreed to purchase the lot for a lump sum and the contract fully expressed their intentions. Steele v. Goettee, 542 A.2d 847.

Other Papers Like Business Law

Business Law Ii Essay

1444 words - 6 pages . This paper explores how labor laws or employment laws surrounding child labor have changed. Although Labor Law covers a wide variety of individual laws, all of which focus and a paper can be written on each one, this paper will be focusing on Child Labor. After centuries of incidents, courts across the nation have found that business owners have now, more than ever, the duty to inspect, maintain, and in many cases, provide adequate training to

International Business Law Essay

918 words - 4 pages to Tee Co., a firm in the United States. Mr. Ess brings suit in a U.S.court demanding that Tee Co. pay him for goods it received from State R.R Bank intervenes and asks the court to dismiss the suit , claiming that a decision by the court in favor of Mr. Ess would violate the act of state doctrine. The U.S. State Department has declined an invitation to say what effect a decision would have on American foreign policy vis-à-vis State R. Should the court dismiss the case? Explain. Note: The above questions are based on or taken from陈安主编《国际经济法学》, International Business and Trade Law by William E. Kosar and International Business Law by Ray August.

Litigation W1 Business Law

579 words - 3 pages Brieana Jackson Law 531/Business Law September 6, 2011 Instructor: Rulon Huntsman In the Litigation and Alternatives video, the case began when the authorizing Partner Hal has gone to a exhibition and spoken to a saleman of the Non Linear Pro Editing system. A verbal agreement was made to try the system on a trial basis. Upon delivery of the system, an associate of Quick Takes video, Janet Mason, receives the package and

Business Law Week 1 Busn 429

566 words - 3 pages Week 1 Assignment Business Law Name Course ID Date School Even though not all laws are defined by legislature, general rules have been put in place to maintain a legal standard. Being established by the English almost a thousand years ago, it moves with the times and allows changes to come in and set a new precedent or change what

Business Law

1767 words - 8 pages , and another by the Trades Union Congress or affiliated union. These independent panels heard and made legally binding rulings in relation to employment law disputes. Under the Employment Rights (Dispute Resolution) Act 1998, their name was changed to Employment Tribunals from 1 August 1998.[1] Employment Tribunals continue to perform the same function as the Industrial Tribunals. There has been increasing use of the provision under ETA 1996, S.4

Business Law

503 words - 3 pages Week 2 Assignment – GM520 1) The administrative agency which I choose is the Small Business Administration (SBA). The reason why this agency and the proposed regulation interest me is because I have worked for the Social Security Corporation in the businesses development department where I worked on micro projects and small businesses. The way this regulation that has been proposed may affect me is by enhancing my experience in small

Business Law

738 words - 3 pages LIST OF DOCUMENTS TO BE ATTACHED WITH THE APPLICATION FORM FOR REGISTRATION AS PROFESSIONAL ENGINEER (PE) | |Attested Copies of: | | |1. |Engineering Degree / Provisional Certificate along with the original, for verification and | | | |return

Business Law - 1453 words

1453 words - 6 pages conditions accepts the offer. In point of law this advertisement is an offer to pay to anybody who will perform these conditions and performance of the conditions is the acceptance of the offer. Communication of acceptance is not necessary for a contract when people's conduct manifests an intention to contract. Thus in this case, satisfying conditions for testing drives one of their cars within 12 hours of this advertisement appearing on

Business Law - 390 words

390 words - 2 pages This case is about to judge whether the contract has formed between Carmen and Martin, the manager of the boutique. Carmen wants to buy the T-shirt shown to her yesterday, but it has been sold out after Carmen left the store yesterday. The topic of the case is about contract. According to the contract law, there are four necessary elements to form contract, which are offer, acceptance, intention and consideration. As for the element offer

Business Law 2 - Case Study 1

427 words - 2 pages Case Study 1 – Millan V. Dean Witter Reynolds, Inc. Plaintiff: Maria Millan Defendant: Dean Witter Reynolds, Inc. Appellant: Maria Millan Appellee: Dean Witter Reynolds, Inc. History of the case Trial Court: Dean Witter won. The broker was found 85% liable and the firm was found to be 15%. Lower appellate court: Dean Witter won. Overall winner: Decision upheld, the broker was found 85% liable and the firm was found to be 15% Facts

Legal Ethical And Political Dimension Of A Business Law

519 words - 3 pages Week 2 Homework Help – GM520. Here is an example to get you started on the Week 2 Homework: 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation

Related Essays

Business Law Essay 1734 Words

1734 words - 7 pages was not driving when he fell out of the Jeep, and it is undisputed that the exception does not apply. Rule (of Law that answers the Issue in this case): A person who willfully, knowingly, and unlawfully sells, furnishes, or serves alcoholic beverages to a person who is not of lawful drinking age, knowing that such person will soon be driving a motor vehicle may become liable for injury or damage caused by or resulting from the intoxication

Law Business Essay

4650 words - 19 pages Formation Of A Legal Firm Name: Institutional Affiliation: Date: In the current century, it is evident that numerous changes have been observed in the law firm business. The traditional law firm practice model has as a result been passed by time and firms or any person attempting this model have always found themselves struggling in this dynamic market. The traditional law practice has also been marked by constant

Business Law Essay 1046 Words

1046 words - 5 pages Sherwanda Fox Business Law 07.26.12 Microsoft Corporation v. i4i Limited Partnership and Infrastructures for Information Inc. No. 10- 290 I4i is a software consulting company that creates markets and sells computers. I4i applied for a patent covering its invention which is an improved method for manipulating an electronic document's architecture and content. This technology is commonly referred to as a "markup language."These computer

Business Law Essay 1812 Words

1812 words - 8 pages Articles of Association. For these companies, removing a director will be a relatively straightforward matter, usually requiring the board or majority shareholder to simply serve written notice on the director in question. For companies which do not have these powers enshrined in their Articles, company law provides a statutory procedure to allow shareholders to remove a director by passing an ordinary resolution at a general meeting of the company