• Hobbes Locke And Rousseau On Social Contract
    540 words
    "Social Contract, agreement by which human beings are said to have abandoned the "state of nature" in order to form the society in which they now live. HOBBES, LOCKE, and J. J. ROUSSEAU each developed differing versions of the social contract, but all agreed that certain freedoms had been surrendered for society's protection and that the government has definite responsibilities to its citizens. Similar ideas were used in the 18 th cent. as justification for both the American and the French revo...
  • Business Law Collective Bargaining
    1,547 words
    Agency law - is concerned with any "principal"-"agent" relationship; a relationship in which one person has legal authority to act for another. Such relationships arise from explicit appointment, or by implication. The relationships generally associated with agency law include guardian-ward, executor or administrator-decedent, and employer-employee. The law of agency is based on the Latin maxim "Qui facit per album, facit per se," which means "he who acts through another is deemed in law to do i...
  • Binding Arbitration Clauses Contracts Contract Employment
    577 words
    First off, I do not think that binding arbitration clauses should ever restrict the arbitration to only one group of people (ex. Home builders association). If there ever is a situation in which a binding arbitration clause is acceptable, there should at least be a choice of who the arbitration is and the choices should be neutral parties (ex. In the BP credit card bill stuffer, it gave the option of the American Arbitration Association, JAMS, and the National Arbitration Forum). I do not think...
  • Merchant Of Venice Contract Father Shylock
    512 words
    Essay Response #2 The Merchant of Venice The Merchant of Venice: The Nature of Contracts in the Play. In Shakespeare's play The Merchant of Venice there are two major contract's made, a contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. The promise or promises may be express (either written or oral) or may be implied from circumstances. The first contract in the play that I discovered is one between Portia and her father. Ne...
  • Seller Promise Contract Buyer Property
    1,679 words
    Listing Agreement (now called a service provisions agreement) 1. A type of employment agreement between a principal and a agent 2. It authorizes the broker to try to find (procuring cause) a ready, willing and able buyer on terms acceptable to the seller. Parties 1. Seller is the principal 2. The broker is the agent 3. Salespeople are the sub-agents of the seller 4. Cooperating broker is the agent of the listing broker and the sub-agent of the seller 5. Salespeople in the cooperating brokers of...
  • Contract Law Land Grant
    405 words
    In the case of Fletcher vs. Peck, the Yazoo land grants were on trial. One Georgia legislature had sold millions of acres to four separate companies at a price of two cents per acre. (Garrity 174). When the next legislature came into power, it was learned that many of those legislators that sold the land had been corrupt. The companies had sold land to many small farmers who had no idea that the land should not have been sold in the first place. When the grant was taken away by the Georgian leg...
  • Implied Terms Contract Act Law
    1,905 words
    TABLE OF CONTENTS 1) Introduction 2) Implied Terms 3) Custom / Usage 4) Court 5) Past Dealings 6) Statute 7) Goods Act 8) Trade Practices Act 9) Conclusion 10) Recommendations 11) Bibliography INTRODUCTION Agreements are formed in almost every communication; electronic, written or oral; daily. Once an agreement fulfills the components required of a contract, therein lies the existence of terms of a contract. These terms depict an obligation between parties involved in the form of Express terms o...
  • Act Law Essay Reference To A Contract
    955 words
    C. THE UNFAIR CONTRACT TERMS ACT 1977 The basic purpose of UCT A 1977 is to restrict the extent to which liability in a contract can be excluded for breach of contract and negligence, largely by reference to a reasonableness requirement, but in some cases by a specific prohibition. S. 6 (2) states that as against a person dealing as consumer, liability for breach of the obligations arising from ss. 13, 14 or 15 of the Sale of Goods Act 1979 (seller's implied undertakings as to conformity of good...
  • Human Nature Social Contract People
    732 words
    Different schools of thought have generated arguments since the beginning of civilization. They represent different perspectives of every part of life, whether its religion or politics. The realist school and the humanist perspectives offer people different views in many different aspects. The realist school is based on the thought that human nature is not perfectible. Human nature is viewed as evil and something that cannot be trusted or counted on. In order to have a successful society the cit...
  • The Function Of A Social Contract
    1,677 words
    What is the Function of a Social Contract? Philosophers have been concerned with the theories of a social contract for thousands of years. Plato mentions the concept in Crito and in Republic. These theories have stemmed from the concept of justice and for our society to be just. I will look at the works of Thomas Hobbes, John Locke, Jean Jacques Rousseau and finally with John Rawls after which a overall view into the function of a social contract can be derived as well as any problems with the t...
  • Is Taxation Is Theft
    1,028 words
    Taxation, the government acquisition of property from the individual has mixed support in any Western democratic system. To make its way into the good will of the majority, taxation has surrounded itself with doctrines of justification. No law which lacks public approval or acquiescence is enforceable, and to gain such support it must address itself to our sense of correctness. This is particularly necessary for statutes authorizing the taking of private property. Sometimes depicted as 'theft' b...
  • Breech Of Contract Innocent Party
    870 words
    Remedies for breach of contract Contrary to what most people might think, the solution for breach of contract is not designed to punish the guilty party, instead it is to protect and preserve the rights and reasonable expectations of the party seeking reimbursement. The purpose of the contract law is that in the event of one party not fulfilling their obligation towards the other party, the party harmed will be compensated for its losses. In most cases the standard solution for breach of contrac...
  • Credit Card Electronic Contract Terms
    581 words
    The operation of law automatically includes some terms into contracts, for example a term that goods will be of satisfactory quality is implied by the Sale of Goods Act 1979. Further, even if properly incorporated into a contract, certain terms (such as unreasonable limitations of liability) are not enforceable against consumers or others who signed up to standard terms (Unfair Contract Terms Act 1977). To enhance transparency and the confidence of those buying online the EU Electronic Commerce ...
  • The Aborted Contract Goods And Services
    2,604 words
    Sam Vaknin's Psychology, Philosophy, Economics and Foreign Affairs Web Sites The issue of abortion is emotionally loaded and this often makes for poor, not thoroughly thought out arguments. The questions: "Is abortion immoral" and "Is abortion a murder" are often confused. The pregnancy (and the resulting foetus) are discussed in terms normally reserved to natural catastrophes (force majeure, in legal lingo). At times, the embryo is compared to cancer: after all, they are both growths, clusters ...
  • Case Study Dow Corning
    1,592 words
    Case Study: Dow Corning With an ever-increasing demand for products and services with Americas booming economy, consumers are exposed every day to new, innovative, and sometimes dangerous products. With these improvements in technology and sophistication, there are many products that are not, and cannot be understood by the consumer. There is very much interest now in the ethics of consumer production and marketing, in order to protect the consumer from these sometimes dangerous or misleading pr...
  • Contract For Licenser Fat Chance
    1,249 words
    1. DEFINITIONS 1. 1 "Licenser" shall refer to Joe Prize. 1. 2 "Licensee" shall refer to Fat Chance Airlines as handled by Ms. T. G. Lee 1. 3 "Property" shall refer to the item stated in 2. 1 of this contract. 1. 4 "Fedex" shall refer to Federal Express Overnight delivery, including insurance for the value of the Property equal to one million U. S. dollars. 1. 5 "Present Condition" refers to the condition the Product was in at the time of observance by both parties, previous to this contract an...
  • Business Law Counter Offer
    2,371 words
    Contract - An agreement that is enforceable in a court of law A contract is legally binding only when it contains certain factors: Capacity - The legal capability of entering into an agreement; some individuals, such as minors, and mentally incompetent or intoxicated persons, are not seen in law as having the capacity to enter into a contract. Legality - The purpose must be neither criminal nor against the public good. Consensus - There must be complete agreement, or consensus, among the partici...
  • Contract Law Wajid Acceptance Offer
    1,518 words
    Business and Company Law Coursework Assignment Problem Agreements have four essential formalities that must be fulfilled in order to create a binding contract, these being offer, acceptance, consideration (it would appear that all the deals have consideration as bargaining has taken place in each of them) and intention. In the case of Wajid and his mobile phone, each of these factors must be investigated in order to come to an accurate conclusion of whether or not he does have a binding contract...
  • Loke Yew Gerard Property Rodney
    806 words
    VENDOR & PURCHASER: PART ONE - SEMESTER 1, 2003 ASSIGNMENT ONE QUESTION ONE An agreement was formed between Gerard and Rodney in November 2000. Rodney was to purchase Gerard's house to restore it and lease the property for a term of two years. A special condition of the purchase is that Gerard may repurchase the property for the sale price and the cost of any renovations made by Rodney during the duration of which he is the registered proprietor of the property. A contract for the sale of land w...
  • English Law Contract Party Bargaining
    1,867 words
    'The law of contract must strike a balance between two competing aims'. Many of the rules governing contract are to ensure fairness and there are a number of distinct, though sometimes overlapping, doctrines concerning this area of English law. The question of fairness may be made in relation to the way in which the contract is made (procedural unfairness) or in the terms resulting from the contract (substantive unfairness). In English law the judicial approach to contracts, which are unfair or ...