Unit 4 Discussion Assignment
Has anyone ever broken a promise to you? Were those promises legally enforceable promises? Why or why not?
There are two types of promises: Oral and written. The oral promise is a promise spoken and not written down and signed. People, normally make lots of promises and most of the time they do not deliver the promise. When the oral promise is broken there is a breach of the promise. However, you can not legally enforce if you don’t have a proof of that promise.
On the other hand, a written promise is a promise written in a document and signed. A written promise can be legally enforceable because there is a proof. Businesses write their contracts and each party signs, this serves as a proof and promise
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If I enter, the contract could be considered not valid. The party may seem to understand the terms and conditions despite lacking legal capacity.
This problem can be overcome by translating the legal binding document into the language the party understands. For example, if the party that does not understand the English language only reads French, the contract can be written both languages and signed. Then, the document can become a legal binding contract.
Should there be more government regulation and standardization of contract terms between private parties? Why or why not?
There shouldn’t be government regulations and standardization of contract is some terms between private parties because it would set strict guidelines. Contracts should be made according to the necessities of each private party. All the companies would have same terms and there would be no flexibility. For example, if a company wants to buy a customized product the contract would limit and the company can only buy within the framework established by the government regulation and standardization. However, in terms of quality, the regulation and standardization could ensure uniformity and consistently good
Jim and Laura perform to their commitment of the agreement. For their situation, Stan did not respect his piece of the agreement by not discounting their cash when the choice was not to buy the auto. Stan additionally committed a few errors since he said," the store was intended to be a piece of the agreement to buy the auto". Stan knew he was in an agreement since he let it be known. Stan additionally utilized "signified" since he knew he didn't talk about that part already with Jim and Laura.
It says “they have to solemnly promise to do no wicked deed, to be loyal
The Government controls the economy and try to perform the best situation through regulations. Occasionally, rules in the economy are useful, but in some cases these rules may make it worse than good. Then, the best alternative is deregulation that is when the government reduces or eliminates restrictions on business, industries, etc. It happens when the enterprises protest against the government restrictions which hampers their ability to compete. Of course, deregulation is not a fast neither an easy process.
I had never sworn on the cross before. I knew that if you broke your oath it was the biggest sin a man could commit, because God was witness to the swearing on his name. But I would keep my promise! I would never break my oath! “I swear,” I said.
Sexual offences are sexual assaults that are covered in the Sexual Offences Act 2003. Sexual assault also known as sexual violence or abuse is any type of involuntary sexual activity that the victim does not give consent to (does not agree to) and it is never the victim’s fault. Sexual assault can include any type of sexual contact with someone who cannot consent, such as someone who is underage, has an intellectual disability, or is passed out. It also includes rape, attempted rape, sexual coercion, sexual contact with a child, incest (sexual contact between family members), Fondling or unwanted touching above or under clothes. Sexual assault can also be verbal or visual and it is anything that forces a person to join in unwanted sexual contact
According to Per Lord Dunedin (quoting from Pollock ‘Principles of Contract’) in Dunlop v Selfridge [1915] AC 847, “An act or forbearance of one party, or the promise there of, is the price for which the promise of the other is bought, and the promise thus given is enforceable”. As stated in the rules of consideration, ‘’Consideration must be sufficient, not adequate.’’ For example, in Hamer v. Sidway, the promisor promised the promisee to pay him $5000 if the promisee refrained from smoking and drinking until his 21st birthday. As the promisee had carried out his promise, the court found that because the promisee had a legal right to smoke and drink the restriction of this right in order to complete the promise constituted a forbearance suffered and therefore was sufficient consideration in order to give legal effect to the contract
Moreover, the promises created by one’s self ultimately has the ability to reshape
One promise that the monster might break is he said he was gonna stop killing people. The monster
The doctrine was espoused in Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130. It requires of the promisor to honour a unilateral promise he made to the promisee who is not required to pay consideration from in certain circumstances. It was accepted as part of Australian contract law in Walton’s Stores Ltd v Maher (1988) 164 CLR 387. Brennan J listed the essential elements of an action for promissory estoppel as below; i. that the plaintiff implied or expected existence of a legal relationship whereby the promisor will not go back on his promise ii.
Today people are not as reliable when it comes to keeping their word. Sure, we would want to live in a society where people's words were valuable and would replace binding contracts, but
For example, at the beginning of the second world war King promised that there would be no conscription, but as the war continued he understood that he could not keep
Statements made over the course of negotiation could amount to either a contractual term, or a misrepresentation. If the statement amounts to a term in the contract, and it is not fulfilled, the innocent party can then sue for
For example, the regulation of internet, that would require internet carries provide online content in a “neutral” way. By any means if a customer wants exclusive content a service should be charged with additional feeds. There is no need to regulate online content but more people should be aware of all the open information on the web. For instance, “imagine that the Food and Drug Administration approved new drugs without ever having tested them on people - that it approved drugs knowing only in theory how they were likely to interact with the human body”. One important regulation not listed is an independent organization conducting evaluations.
Many organisation argue that they should move away from the ideology of HSE legislation standards because of it’s many regulation(red-tape) affect the way business is done The Rt Hon Michael Fallon et al., 2013). The reason organisation believes in a more “laissez faire” way of doing things, it that is help drives the market into a more competitive form of business in comparison to the “laissez faire” of trade Kelloway and Cooper,
XI. Breach of contract Breach is defined as an act of failing to observe or comply with the law, agreement, or code of conduct. In the other hand, contract means a spontaneous, cautious, and legally binding agreement between two or more parties. Therefor breach of contract is failing to comply with the legal agreement between parties.