Essay/Term paper: Contracts 3
Essay, term paper, research paper: Law
See all college papers and term papers on Law
Need a different (custom) essay on Law? Buy a custom essay on Law
Need a custom research paper on Law? Click here to buy a custom term paper.
A contract is an agreement that is enforceable by law. Modern business could not exist without such contracts. Most business transactions involve commitments to furnish goods, services, or real property; these commitments are usually in the form of contracts.
Use of the contract in business affairs ensures, to some extent, the performance of an agreement, for a party that breaks a contract may be sued in court for the damages caused by the breach. Sometimes, however, a party that breaks a contract may be persuaded to make an out-of-court settlement, thus saving the expense of legal proceedings.
A contract arises when an offer to make a contract is accepted. An offer contains a promise (for example, "I will pay $1,000") and a request for something in return (a person's car). The acceptance consists of an assent by the party to whom the offer is made, showing that the person agrees to the terms offered. The offer may be terminated in a number of ways. For example, the party making the offer may cancel it (a revocation), or the party to whom the offer is made may reject it. When the party to whom the offer is made responds with a different offer, called a counteroffer, the original offer is terminated. Then the counteroffer may be accepted by the party making the original offer.
REQUIREMENTS OF A VALID CONTRACT
For a contract to be valid, both parties must give their assent. They must act in such a way that the other people involved believe their intention is to make a contract. Thus a person who is clearly not sincere in saying that he or she accepts an offer usually is not held to a contract by the courts. On the other hand, a person who secretly has no intention of making a contract but who acts in a manner that leads people to believe he or she had, may be held to a contract. Legally, it is the external appearance that determines whether one is held to a contract.
A contract results from a bargain. This implies that each party to the contract gives up something, or promises to, in exchange for something given up or promised by the other party. This is called consideration. In the example given above, the consideration on one side is the promise to pay $1,000, and on the other, the promise to deliver a car. With rare exceptions, a promise by one party, without some form of consideration being extended by the other party, does not result in a contract or other enforceable obligation, regardless of the sincerity of the promise. Although each party must extend consideration to the other in order to form a contract, the value of the consideration need not be equal. Determining how good a bargain is becomes the responsibility of the parties involved. Otherwise, the courts would be in the impossible position of having to appraise the relative value of millions of promises made every year.
For a contract to be enforceable it must be between competent parties. A contract with a person who has been adjudicated insane is likely to be declared void. A contract involving a minor--in most states of the United States a minor is now a person under 18--may be enforced or voided by the minor, unless the contract is for necessities such as food, lodging, or medical services, in which case he or she may be held responsible for the reasonable value of what was purchased. Persons suffering from a disability such as intoxication from drugs or liquor, or insane persons not adjudicated insane, usually may void a contract if the other party knows or should have known of the disability and if the consideration received is returnable.
The last requirement of a valid contract is that its provisions be legal. If a purported contract requires an illegal act, the result is a void contract. Parties to an illegal contract have no standing in court. If one party receives money or property under an illegal contract, the other may not sue to recover what was paid under the contract. Not only are contracts requiring criminal acts illegal, so are contracts requiring commission of a TORT (a breach of civil law such as misrepresentation or trespass) or those in breach of public policy. Although public policy is difficult to define, it includes some serious breaches of conventional morality or ethics.
It is commonly assumed that an enforceable contract must be in writing. This is usually untrue. Most oral contracts are enforceable, but written contracts are easier to prove.
Some types of contracts must be in writing, for example, contracts for the purchase or sale of any interest in real property, contracts to pay debts of others, and contracts that require more than a year to perform. Contracts for the sale of personal property--that is, movable property--as distinguished from land, at a price above a specified sum set by law must be in writing unless payment or delivery has been made or unless the goods were specially manufactured.
Although only a few types of contract must be in writing, the terms of a written contract ordinarily may not be contradicted in court by oral testimony.
REMEDIES FOR BREACH OF CONTRACT
In the event of a breach of contract, the injured party usually sues for money damages (the award of a sum of money designed to compensate for losses stemming from the breach). Damages are measured by what may reasonably be foreseen as financial losses; unforeseeable losses may not be collected. If an award of money is not compensatory because something about the promised performance was unique, the party who breaks a contract may be ordered by the court to perform as agreed. This is called specific performance. For example, real estate is always considered unique. Therefore, when a party has contracted to sell real estate but changes his or her mind, the court may grant specific performance and order that the deed for the real estate be delivered to the agreed buyer.
Most contracts are formed with an implicit understanding that neither party need perform unless the other has completed his or her promised performance. An exception to this understanding occurs when a party has performed most of his or her obligation and the part not performed is relatively immaterial. The doctrine of substantial performance provides that in such a case, the opposite party must perform, although he or she may secure money damages to the extent that he or she was damaged by lack of complete performance.
Jon P. McConnell
Bibliography: Calamari, J. D., and Perillo, J. M., Contracts, 3d ed. (1987); Cataldo, Bernard F., et al., Introduction to Law and the Legal Process, 3d ed. (1987); Dunfee, T. W., and Gibson, F. F., Introduction to Contracts, 2d ed. (1984); Mandel, Ludwig, The Preparation of Commercial Agreements, 7th ed. (1978); Schlesinger, Rudolph B., ed., Formation of Contracts, 2 vols. (1968); Wincor, Richard, Contracts in Plain English (1976).
Other sample model essays:
Law / Contracts
A contract is an agreement that is enforceable by law. Modern business could not exist without such contracts. Most business transactions involve commitments to furnish goods, services, or real pro...
Law / Court
COURT EXPERIENCE I went to the court session on Wednesday afternoon at 2:00 and stayed until around 4:35. They did not start court though until a little after 2. Before court started every...
Law / Crime 2
Crime refers to many types of misconduct forbidden by law. Crimes include such things as murder, stealing a car, resisting arrest, possessing or selling illegal drugs, appearing nude on a publi...
Law / Crime
Crime In the United States Introduction: Our report is on Crime in the United States. Crime is a major problem all over the world, but we are focusing on the crime problem right her...
Law / Criminal Law
Criminal Law Investigation Murder Murder is when a person of sound mind unlawfully kills any person with malice aforethought. To be convicted of murder, it has to be proven that the accuse...
Law / Curfew- Worth It Or Not
Outline The Curfew is not being enforced, imprisons you, and does not prevent kids who are over 17 to commit crimes. There is always no one to enforce the curfew, and it is hard to enfo...
Law / Dangerous Driving And The Effects On Youth
In today"s society, dangerous driving is criminal and is also considered to be deviant. There are different levels of dangerous driving, all of which have different meaning to different people, s...
Law / Dear Mr Johnson
Dear Mr.Johnson, This Letter is on the issue of closed campus, in my opinion this should not even be an issue. Haslett High Scholl students should be able to go out during lunch, we have...
Law / Death Penalty And The Eight Amendment
The expression "an eye for an eye, a tooth for a tooth" has taken on a whole new meaning. Lately, murderers have been getting a punishment equal to their crime, death. In 1967, executions in the ...
Law / Death Penalty
In the eighteenth century,England would punish by death for pickpocketing and petty theft. Ever since the 1650's colonist could be put to death for denying the true god or cursing their paren...
Remedies for Breach of Contract Essay
860 Words4 Pages
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 contract is money reimbursement, however, in some special cases the court can assign the party to perform a specific performance or injunction. With money reimbursement the court will allow the harmed party to prove to the court the amount of money…show more content…
In contracts that involve the sell of goods the innocent party has additional options of stoppage of transit and resale of goods.
Judicial Remedies is an option, which requires the parties to present their case before a court of expert jurisdiction. The options that are available are: to take action for damages, to sue for quantum meruit, to sue for specific performance or to sue for an injunction. In most cases the damages are given to compensate the innocent (injured) party if its expectations have not been meet or if there is a loss of bargain. The award for damages is a substitute remedy, which in common law is reflected by the monetary approach. Common law gives the option to the guilty party to either fulfil the contract or to pay the damages. The Equity law additionally gives the option of granting of specific performance and injunctions to restrain and actual or threatened breach of a negative stipulation. The plaintiff under the common law has the right to exercise the option, the court has an obligation to grant the party relief and therefore in a case of breach of contract the innocent party has to be awarded damages. With the use of equity law the remedies are flexible, the court has to decide whether the plaintiff’s rights to damages are sufficient enough. If the innocent party has been guilty of delay in seeking the remedies, it can be refused the reimbursement. Under the specific performance the courts have the option of forcing a guilty party to perform