Snt Legal Essay

It is true that Wally did sign the order form, but in order for the contract to be valid it must have included the quantity of watched needed for shipment. As stated above, one of the requirements in the UCC Statute of Frauds states that when writing up a contract quantity must always be provided, in case of breach of contract. The courts have no way of factoring in the quantity. The answer to question 1 would be that the contract was not in writing.

This story is replete with fascinating facts and the intricacies that are inherent in the facts of the case make for a great story.The baseball bat was broken from the outset when it was bought by the plaintiff. Therefore, the defendant should have to return the baseball bat and pay the money back to the plaintiff that plaintiff paid for said bat. The plaintiff bought a baseball bat from the defendant and the baseball bat turned out to be broken because, since as soon as the defendant used the bat to play baseball, the bat shattered into a million pieces. Shattering into a million pieces certainly violates the implied warranty of merchantability under the Uniform Commercial Code (UCC 2-314). No Industria De Calcados Martini Ltda. v.

The plaintiff, during the signing of the contract, acted in a fraudulent manner. He took advantage of the defendant’s excitement to offer the product at exorbitant amounts. He did not clearly explain to them what the terms they had agreed to implied. Courts have not shied away from invalidating contracts when it becomes apparent that one party benefitted unfairly at the end of the stipulated term. This position was held in the case of Derby v. Derby. In this case, the court argued that Mrs. Derby had used fraudulent means to ensure that Mr. Derby signed the legal documents that conveyed the property to her. Mrs. Derby had failed to explain to Mr. Derby what the documents represented, and their effect. Also, Mr. Derby had acted on misinformed belief that Mrs. Derby would return home if he (Mr. Derby signed the documents. The court ruled for Mr. Derby. This is a similar situation that the defendants, in this case, find them in. The plaintiff, while presenting the contract to them to sign, failed to explain to them the effect (Roos, 2012). Because the effect brought about gross disparity, the contract qualifies to be termed as being

The Second Restatement of Contracts is very clear about the situations where acceptance is made by silence or exercise of dominion. Section 69 of the Second Restatement of Contracts provides, (1) Where an offeree fails to reply to an offer, his silence and inaction operate as an acceptance in the following cases only: (a) Where an offeree takes the benefit of offered services with reasonable opportunity to reject them and reason to know that they were offered with the expectation of compensation. (b) Where because of previous dealings or otherwise, it is reasonable that the offeree should notify the offeror if he does not intend to accept. (2) An offeree who does any act inconsistent with the offeror's ownership of offered property is bound in accordance with the offered terms unless they are manifestly unreasonable... Restatement (Second) of Contracts, §69. The core of the restatement is about the meeting of the mind and reasonableness, i.e. the implied consent or agreement by both parties. To sum up, this article clearly allows acceptance by silent action in the contracts of selling

This letter is to advise you that your tax appeal hearing is coming up on March 6, 2005 at 10:35 a.m. at the Office of the Tax Assessors of Lackawanna County. The office is located on the 5th floor of the County Office Building; 211 Ace Road, Clark, Pennsylvania 18111. Attorney Smith would like to remind you to arrive at the County Office Building at 10:25 a.m. with all of the pictures you have of the comparable houses in your area.

1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?

However, the following are the vital steps contained in each contract. Also, without them the contract would not be considered valid. First, an offer entails a statement by one party who is willing to make a contract under certain conditions keeping in mind that it shall be accepted. Second, acceptance gives a picture of the agreement to the terms offered. According to Rogers (2012), acceptance is considered valid when, (1) it is made by an individual to whom the offer was directed, (2) it is unequivocal, and (3) it is communicated to the offeror. Third, consideration encompasses the terms of the contracts between the parties. Therefore,

Mr. Washington made a claim that the disclaimer of any consequential damages located in the Purchase Order Acknowledgement is not part of the contract between Burger and Pine. A contract was made because Burger made an offer to Pines and then Pines accepted the offer. Section 2-207 of the Gould Commercial Code (GCC) says that a written confirmation made in a reasonable amount of time is an acceptance, even if additional terms or different terms than those offered or agreed upon are stated (Efrat, 2009, Page 14). An acceptance can be confirmed because Pines accepted Burgers contract by responding with a Purchase Order Acknowledgement. Pines also fulfilled the reasonable time requirement by sending their Purchase Order Acknowledgment in 5 days.

This letter is to inform you, that your tax appeal hearing has been scheduled for March 6, 2005, at 10:30 a.m. The hearing will be held at the County Office building located at 211 Race Road. The court room is located on the 5th floor.

In order to hold a media defendant liable for statements made about a public figure, _____ must be established on the part of the media defendant.

The greatest legal document ever to be written is the United States Constitution. The constitution is ultimately a series of power compromises and is the foundation of common law. Merriam-Webster defines common law as " the area of law that has to do with the subject matter and with the interpretation and construction of constitutions or that deals with the nature and organization of government" (Constitutional Law). Cases involving constitutional law are heard by the United States Supreme Court where judgment is based on the U.S. Constitution. Of the various different articles seated in the constitution, three of them describe a system of checks and balances dividing the national

Issue: Is the defendant’s liability the value of the timber that gets added when resold in the market place, or the wholesale value at the place where the timber was cut?

In deciding if Pine Trees was liable for the damages to Burger Ranch, first it must be

As a body the law commission is an independent, permanent and full time organisation where their aim is to improve the law by making suggested changes and brings it up to date. The law commission was created by the law commission act of 1965.

1. The issue is whether public school officials have the authority to perform strip searches of students in suspicion of hiding illegal drugs.