Condition Precedent and Conditions Subsequent

Order Instructions:

Discuss Condition Precedent and Conditions Subsequent.

SAMPLE ANSWER

Condition Precedent and Conditions Subsequent

There are two types of conditions that affect the contractual agreements between persons namely; conditions precedent and conditions subsequent. When the satisfaction of the buyer is needed before the sale takes place, it then meets the threshold of condition precedent. In this case, the buyer has the power to cancel the deal whenever he realizes that the conditions does not meet his expectations, whether it involves financing, appraisal, inspection, insurance, or any other deal. In case of condition precedent, the buyer may waive compliance and precede ways and the buyer usually gets his deposit back (Tepper, 2011). On the other hand, condition subsequent is whereby the deal between the buyer and the seller continues, not unless the buyer gives notice that calls for the stop of the deal. In condition subsequent, there is no waiver but the buyers usually get his deposit back. True condition precedent arises when the contractual relationship demands for a lawful object of the agreement with necessary third party involvement such as the pre-sale of condos and the subsequent and the subsequent enforceability of the agreement.

Unlike condition precedent, condition subsequent is more risky since no paperwork is required during its clean and simple procedure. In condition precedent, no news is good news and the deal proceeds despite one party not paying attention that would terminate the whole transaction. In most cases, the real estate agents use condition precedent in their transactions since the satisfaction of the buyer is critical to the success of their business deal (Tepper, 2011). On the other hand, lawyers mostly use condition subsequent in their clauses to enhance vigilance and ensure that the transaction is properly monitored. True condition precedent are characterized by third party decision making and inability to effect a single party waiver, which only applies in the case of true condition precedent.

Reference

Tepper, P. (2011). The Law of Contracts and the Uniform Commercial Code. Cengage Learning; 2 edition

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Breach of Contract

Order Instructions:

discuss the remedies available for a breach or non-performance of a contract. include a discussion of how damages may be limited, the difference between a deposit and a down payment, the requirement of mitigate, and the availability of specific performance and injunction.

SAMPLE ANSWER

Breach of Contract

In court with limited jurisdiction, the main form of remedy of the award of damages since specific performance and rescission are equitable remedies that are given by courts of higher jurisdiction.

The limitation is that damages cannot be recovered for losses that could have been reasonable avoided by the act of the other party or substantially ameliorated after the breach of the contract has taken place.

In addition, the award of damages can be reduced by the amount that can be reasonably avoided if the non-breaching party fails to use reasonable diligence in damage mitigation.

Other forms of remedy include cancellation, specific performance, Quantum Meruit, and restitution. According to Tepper (2011), the person who suffers the damages or the breach of contract has the legal obligation to sue the other party with the aim of minimizing the effects of such losses.

The duty to mitigate works to deny recovery of any part of the damages that could have been avoided if the other person would have acted in normal circumstances required by the law.

The availability of specific performance is government by a set of principles to avoid its arbitrary enforcement and possible abuse of human rights. In this regard, specific performance is only available if it is the appropriate approach appropriate in accordance with the nature of the facts presented in the courts.

Specific performance will not be awarded if the contract was unconscionable, the contract it too vague to be enforced, and when the specific performance is impossible (Tepper, 2011). Injunction is an equitable remedy that can be applied in breach of a contract by the courts compelling the other party to refrain or to continue with specific acts in the case.

Deposit and down payment are different in that the former is a consideration by the buyer to the seller to put the property on hold while he looks for the rest and the latter is the portion of the purchase prince that the seller pays while he seeks the financing from other sources.

Reference

Tepper, P. (2011). The Law of Contracts and the Uniform Commercial Code. Cengage Learning; 2 edition

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Ending Contractual Relationship Paper

Ending Contractual Relationship

Order Instructions:

describe the various ways in which a contractual relationship can to an end, including partials performance, conditions and warranties, tender of performance, impossibility, anticipatory breach, fundamentals breach, frustration, impossibility, and exemption clauses.

SAMPLE ANSWER

Ending Contractual Relationship

There are several ways that can result in ending of the contract relationship between two parties. In the case where there is no clear date of terminating the contract, the doors are always open for negotiation to clarify the termination terms of the contract. Mutual agreement occurs when the parties in the contractual agreement deem it necessary to end the contract. A contract a can be terminated when one party has performed its required obligations according to the contract and the other party has not been able to do his duty accordingly (Tepper, 2011). This is termed as the accord and the satisfaction method implying that one party has been disappointed by the failure of the other and the contract has to be terminated. It can as well happen when the other party has done something contrary to the original terms of the contract, resulting to the frustration to the contract.

The other method is the release method that occurs when one party has completed all his obligations in the contract. A release type of contract termination is in the form of a deep consideration that is highly esteemed by the party that is in charge to ensure the contract is terminate for its success. Contract can as well be terminated under frustration circumstance that shows the parties are unable to perform their duties under the given contract (Tepper, 2011). A contract will be terminated when parties are willing to continue but this time using different terms from the other contract. This can be defined as the novation or substitution contract termination method caused by continued liabilities among the parties. A contractual agreement can also be terminated on the grounds that the issue to the contract is impossible to perform due to unavoidable circumstances.

References

Tepper, P. (2011). The Law of Contracts and the Uniform Commercial Code. Cengage Learning; 2 edition. https://www.cengage.co.uk/books/9781285448947/

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Negligence Research Paper Assignment

Negligence

Order Instructions:

explain with the reference to decided cases, what a person must do to establish negligence. expand on the test which may be applied and discuss what remedies and defenses are available. how does negligence relate to professional liability?

SAMPLE ANSWER

Introduction

Negligence is a tort that refers to body or a number of rights and obligations that are remedied by courts through civil proceedings that grants the victims some compensation for any harm suffered as a result of wrongly acts committed against them. There are several elements that must be present for an action of tort to be successful in a court of law.

The Duty of Care

For an action of the tort of negligence to be successful, the duty of care must exist. For example in the case of Haynes v Harwood where the plaintiff, who was a police officer risked his life and sustained injuries when he ran after some horses in a bid to bring them under control after they were left unattended. The owners of the horses owed a duty of to other road users who may have been harmed by the horses if they were left unattended. The concern is mostly what an average ordinary person would do in case of such situation.

Breach of the duty of Care

The duty of care owed to the third parties must have been breached for an action of negligence to succeed in a court of law as in the case of Brandon v Osborne Garrett & Company.

Causation

The breach that occurred must have caused some injury or damage to the victim.

Damage or Injury

Damage or injury must have occurred and it’s not restricted to physical body harm only it also refers to monetary loss, emotional stress or even some embarrassment caused.

These are the duty of care must exist to the plaintiff, the duty of care must have been breached, there must be causation and damage or injury.

The remedies available to the tort of negligence include damages and injunction. Damages can be classified under nominal damages where a tort has been committed but there no losses or harm caused to the victim. The others are general, special damages or aggravated damages.

The defences available to an action of tort are vicarious liability, contributory negligence or volenti Non fit injuria. In the case of Haynes v Harwood, the defendants pleaded that the actions of the police officer amounted to voluntary assumption of risks hence the defendants were not liable. But the court established that the defendants were actually liable and the victim was acted in the best interest of the public in a manner in which any reasonable man would have acted the same way. The test for the tort of negligence is that for a duty of care to exist, then the concern is what a prudent person or an ordinary person would do when faced with a similar situation. Professionals owe a duty of care to their clients as per the standards of an average professional in the ordinary cause of duty.

References

Haynes v Harwood (1935) 1 KB 146, CA

Brandon v Osborne Garrett & Company (1924) 1 KB 548

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Japanese Internment Research Assignment

Japanese Internment

The subject is American History. You must read from this text book Discovering The American Past 7th Edition. Chapter 8 Japanese Internment from page 236 to 259. What were the constitutional issues involved in Korematsu v. United States? In your opinion, did the facts presented support the claim that the military situation justified the temporary suspension of parts of the Constitutions? Use the documents in Chapter 8 of DAP to respond to this prompt. Be sure to use the documents to explain your answer. How to Answer a Document Based Question (DBQ)

Your Document-Based Question should be 4 typed pages. To answer a DBQ, follow these steps
1. Try to answer the prompt in one or two sentences. This will be your argument or “thesis.”
2. Develop at least three reasons why your answer is correct. Each reason will be the topic of one paragraph in your essay.
3. Pick at least six pieces of evidence (two for each reason) to support the arguments you will make in the essay. Read the sections on “Method” and
“Questions to Consider” in Discovering the American Past (DAP) carefully–they will give you some hints about how to analyze the evidence.
4. Begin to write with an introduction that states your thesis and the reasons you believe your answer is correct. Next, write a paragraph about each reason,
using the evidence you have identified to support your argument. Remember that you must explain WHY you believe your evidence supports your argument–it is not enough simply to list the evidence. Finish with a conclusion that summarizes your argument. Additional notes: this is an essay, so it has to have a conclusion, as well as the references from the text book (Discovering The American Past)chapter 8.

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Theft Case Scenario Essay Paper Available

What offences, if any, have been committed under the act of theft 1968 as a results to the following occurrences in Albert’s Store?
(a) Dave, who works in the fruit department, picks blackberries growing wild in nearby forest. He sells them in the store and gives the proceeds to charity.
(b) Eric, who works in the glass and China department, borrows a valuable set of six plates for a dinner party he is holding at home. In an effort to impress his dinner guests, Eric juggles with two of the plates but drops and smashes them. Eric returns the remaining four plates the next day
(c)Flora, A cashier in contravention of her employer’s strict instructions, takes a £10 note from the till, she fully intends to replace the money from her
pay packet the following day. During her lunch break, she uses the £10 note to bet on a horse, which wins at odds 3 to 1. She puts £10 from the winnings back
into the till before her employer discovers what she has done.
(D) Gilbert, a former employee of the store, was dismissed after striking a fellow worker. A letter informed Gilbert that he was no longer permitted to enter the store for any purpose. At Home, Gilbert prepares a set of stick-on price labels, which are identical to those, used in the department store. He Enters the store intending to swap the true price labels from the goods in the food department with his own labels, thus enabling him to purchase the goods at a much lower price. Gilbert swaps the labels on two tins of salmon and a jar of coffee. He Then changes his mind and leaves the store having replaced the items back on the shelf.

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Wrongful Conviction of Women Research Paper

Wrongful Conviction of Women

Wrongful convictions has become a pressing issue in Criminal Justice in the United States. The Innocence Project is one of the many sources instrumental in
bringing to light the faces and stories of many of the exonerees. However, the objective of this paper is to explore wrongful convictions in the United
States specifically female exonerees. Of the 1,284 exonerees, approximately 7% are women.

Task:
Case Studies;
Each student will be assigned 4 women.
From the National Registry of Exonerations you will extract all the information you can about the exoneree – full name, race, age, crime, state, sentence, convicted, exonerated, overview of case.
You must provide a reference sheet on articles written on wrongful convictions and women.

Details:

Provide a coversheet
Provide a strong introduction on wrongful conviction and the ethical issues attached. (3-4 strong paragraphs)
Provide a clear objective of your paper including the name of the exonerees you will examine.

Keep the same format for every case you examine.
Women:
1. Fredda Susie Mowbray
2. Lacresha Murray
3. Cathy Watkins
4. Mary Weaver

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The Mandate that Individuals buy Health Insurance

Constitution – The Mandate that Individuals buy Health Insurance.

Instructions
This assignment represents 20% of your final grade. If your paper is not turned in on time, you will receive a zero for this assignment.

Paper Instructions:
1. Select a side of the debate that interests you from the attached document from Rourke, You Decide! Current
Debates in American Government Politics reader.
2. Read both sides of the debate so that you have a basic understanding of the opposing viewpoints on the issue. In your paper, you will need to write about the major points of your side’s argument as well as debunk the major points of the other side.
3. Chose which side of the debate you want to defend. (I would like to defend that The Health Care Act is Unconstitutional)
4. The last page of the debate in the Rourke reader, there are sections titled “What’s
New” and “Where to Find More.” The former provides information on what has happened on the
issue since the “debate” took place. The latter provides sites that are the starting points for your
research.
5. Your assignment is to write a four – seven page paper, exclusive of a bibliography and MLA
citations, footnotes or endnotes, which explains and supports the side of the debate you have
chosen. It must be double spaced with normal margins, using a normal size font. It must be
computer generated. I will not read handwritten or single-spaced papers.
6. I am interested in papers that display careful research and critical thinking.
7. Your bibliography should contain at least five sources in addition to those considered
“suggested starting points” by Rourke in the “Where to Find More” section after each debate. I prefer that you use books, periodicals and academic journals. You may also use news magazines, newspapers, and the web. In addition, when using the web, you should evaluate the material you find in order to determine the possible bias of the author of the site. To do so, determine who is publishing the web site that you are using. Do not use Wikipedia as it is not written by
academically credentialed people.

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Commercial Law Essay Questions Term Paper

Commercial Law Essay Questions

Order Instructions:

question four
what are the necessary elements that must be present for a person to be classified as a trespasser? consider the context of a homeowner with unruly guests, or a business with unruly patrons. apply the trespass to property act in your answer.

question 5
explain with reference to decided cases, what a person must do to establish negligence. expand on the tests which may be applied and discuss what remedies and defence are available. how does negligence relate to professional liability?

question 6
explain the types of mistake and the types of misrepresentation which can give rise to a court being required to interpret a contract. what remedies are appropriate to each type?

question7
distinguish among duress, undue influence, and unconscionability and give two examples of each. describe the remedies available for each type.

question8
describe the types of assignments which may occur. give two examples of each. consider what requirements are necessary to make an enforceable assignments.

SAMPLE ANSWER

Commercial Law Essay Questions

Trespass is the invasion of another person’s possession without his consent thus interfering with his property rights. The main elements of trespass are unlawful intrusion to the property, the use of force, intent of intrusion, and the subsequent injury to the owner. For one to enter into someone’s property, the law requires that he or she should first seek the consent of the owner in order to avoid violating the other person’s rights. The failure to inform the owner would amount to trespass, leading to possible prosecution in the courts of law (Sealy & Hooley, 2008).

For negligence to occur, the defendant must owe a duty recognized by the law to the plaintiff, failure by which would lead to possible harm as was the case in Bolton v. Stone. Negligence are highly related to professional practice, such as medical profession, where the doctors are expected to observe a high code of professional conduct. The remedies that are available for negligence are refund of the fees paid, compensation for the lost property, and compensations.

There are several mistakes that are concerned the commercial law such as the unilateral mistakes, mutual mistake, and collateral mistake among others. Mutual mistake occurs from the misrepresentation of the material fact in relation to a subject matter in discussion whereas the collateral mistake does not afford the right of rescission. The remedies that are available for both mistakes are rescission where the contract is fully cancelled or reformation where a written agreement is changed to reflect the interest of both parties.

In the context of commercial law, duress has been defined as a threat of harm made to compel a person act against his will whereas undue influence is the act of taking advantage of the other person due to your position in power. On the other hand, unconditionally is the act providing inconvenience to others by disobeying the law (Sealy & Hooley, 2008).

Reference

Sealy.L. S & Hooley, R.J. (2008). Commercial Law: Text, Cases, and Materials. Oxford University Press; 4th edition

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The Nature of Commercial and Non Commercial Contracts

The Nature of Commercial and Non Commercial Contracts Order Instructions: the concept of intention to be bound in the nature of commercial and non commercial contracts Please divide the work into 2 sections.

the 2nd section would be how the courts view agreements and tests used to determine the intention

The Nature of Commercial and Non Commercial Contracts Sample Answer

Discuss the concept of intention to be bound in the nature of commercial and non commercial contracts, having regard to the necessity of writing, how the courts view agreements and the tests used to determine intention.

Introduction

A valid contract must have an agreement that was made with intentions of making it legally binding among the parties to the contract (Beatson, 2010). The parties must intend to have legal relations between themselves Pettit v Pettit (1970) AC 777 and Hardwick v Johnson [1978] 1 WLR 683.

Consideration plays a critical role as it provides the intention and evidence that the promisor actually specified agreed to exchange his goods with something else in the form of a price or anything of value (McKendrick, 2012). The items exchanged carries or acts as evidence that the parties truly intended to be bound by their agreement and the consideration is the proof or test of their commitment to the contract (Poole, 2012). Once each party has performed his part of the contract then the contract is said to be executed (Beale, 2007: McKendrick, 2011).

When assessing the contract cases, the courts used to apply particular presumptions to different contracts and mostly all domestic and social contracts were literally presumed not have intention to create legal relations while all commercial contracts were all presumed to have legal intentions however currently all the intentions must be proved in a court a law (Brownsword, 2010). The case of Balfour v Balfour provides the basis for determining intentions in a contract. However, commercial contracts that are entered into without any intentions of creating legal relations mostly have clauses that include such words as Honour clauses and which indicate that the relationship is not legally binding as indicated in the case of Wilson v Burnett [2007] EWCA 1170.

The other test that can be applied is the reasonable man’s tests where a reasonable man would decide given the nature of the contract and transactions at hand like in the cases of Jones v Padavattan (1969) 1 WLR 328 and Merritt v Merritt (1970) 2 ALL ER 760.
References

Beatson, J., A. (2010) Burrows and J. Cartwright Anson’s law of contract, Oxford: Oxford

University Press, [ISBN 9780199282470].

Beale, H.G., W.D. (2007) Bishop and M.P. Furmston Contract – cases and materials,

London: Butterworths, [ISBN 0199287368].

Brownsword, R. (2010) Smith & Thomas: A casebook on contract, London: Sweet &

Maxwell, [ISBN 9781847034175].

Wilson v Burnett [2007] EWCA 1170

McKendrick, E. (2012) Contract law: text, cases and materials. (Oxford: Oxford University

Press, [ISBN 9780199699384].

McKendrick, E. (2011) Contract law, London: Palgrave Macmillan.

[ISBN 9780230285699].

Jones v Padavattan (1969) 1 WLR 328

Merritt v Merritt (1970) 2 ALL ER 760

Poole, J. (2012) Casebook on contract law, Oxford: Oxford University Press.

[ISBN 9780199699483].

Pettit v Pettit (1970) AC 777

Hardwick v Johnson [1978