Science in Legal Studies

In: Other Topics

Submitted By tspencer1991
Words 475
Pages 2
RUNNING HEARD: Consideration

Tamara Spencer
Unit 2 Consideration
PA130: Contracts
Patrick Cleveland

Consideration
On February 13, 2008, Claire Dawn decides to sell Leonardo deCapo her 1965 Corvette Stingray. Dawn agrees within the contract to sell her vehicle for $25,995.00 plus all title transfer fees. A month later, deCapo response to the contract was a letter written on a napkin that reads “Dear Claire, I accept.” deCapo then mailed the acceptance letter to Dawn’s home in Beverly Hills, California. Even though deCapo mailed the acceptance letter to Dawn, she has yet to receive the acceptance of the offer (McGraw-Hill, 2008).
OFFER
There are two forms of a mutual legal agreement. There are bilateral contracts and there are unilateral contracts. A bilateral contract is when both parties exchange a promise for a promise. In the case of Dawn v. deCapo, parties formed a unilateral contract. Dawn exchanged a promise for an act to deCapo. In the case of Dawn and deCapo, Dawn was the offeror while de Capo is the offeree. In order for a contract to become binding, there only have to be an acceptance upon the offeree. An offeror is the person extending a proposal to form the contract. An offeree is the individual receiving the offer to form a contract (McGraw-Hill, 2008).
ACCEPTANCE
A suitable offer has four levels in order for an offer to be valid. In order for an offer to be of standard the parties has to come a meeting of the minds. If there is for some reason, a misunderstanding, the contract isn’t valid. Within every contract there has to parties for there to be an initiation of the contract. The parties in this case are Dawn and deCapo. The terms of the contract has to be clear from the establishment of the contract. The price of the car plus all title transfers fees were understood to be $25,995.00 by the parties of the case Dawn v. deCapo. The…...

Similar Documents

[Fa] Prepaid Legal Service-Individual Case Study

...Prepaid legal Service 1. How does PPLS create value for its customers? What are the critical risks that it has to manage well? Prepaid Legal Service (PPLS) provide a legislation service that members could receive law service by paying small amount of money on monthly bases. When members have legal issues, PPLS could access them to attorney network to sue or pay related compensation for those who have their own attorney. Therefore, members would feel that someone would back them up, and that’s the greatest value for its customers. Furthermore, they create a “Family plan” which provides a comprehensive protection for a family. Since their target customer is for middle-income Americans, it is widely accepted and the number of membership significantly increases. The main risk that PPLS have is the cancellation rate among members. Since they don’t have disclaimer and penalty for cancellation, members pay monthly with small amount of fee, it is much easier for them to consider of cancellation in any time. Another problem is the communication and relation between PPLS and their associates. Since the mechanism of commission in PPLS is different from other multilevel marketing companies, they might doubt why they receive their commission and the company requests them to return it when the contract cancellation. To some extent, PPLS should let their associates well-understanding the commission system. 2. Base on the post-1995 commission formula and information in the case......

Words: 1248 - Pages: 5

Legal Conflict of Interest Case Study

...First assignment: The case study about conflict of Interest The relationship of this case is as below: Also, it is important to knowing that: 1. The McHugh family doesn’t know that Donald Rosenthal operated a business brokerage business, and the business now has conflicts of interest towards the McHugh family. 2. The equipment of Silver’s Gym was fully depreciated and the plant was in need of costly repairs, and a brand new Johnny Z’s Gym opened up on nearby, lured over 50% of the prior membership of Silvers’ Gym away. All in all, that means buying Silver’s Gym for $600,000 is really a bad mistake for the unknowledgeable McHugh family. Questions for Discussion & Analysis 1. What are the ethical considerations involved for Donald Rosenthal, his business brokerage firm and his law firm? Donald Rosenthal is the stakeholder of Arnold, Quisling & Brutus, and at the same time, Donald Rosenthal also operates a business brokerage firm as a stakeholder. When there is a potential conflict of interest on those two entities, Donald Rosenthal will face to a dilemma to make business decisions. This dilemma will possibly affect an individual’s actions or decisions, result in lack of independence, objectivity and unethical behavior. As mention in this case, Donald Rosenthal fail to act integrity, loyalty, prudence and care to the asset management of McHugh, make unsuitable investment decision to achieve his own profit. Donald Rosenthal’s business brokerage firm......

Words: 807 - Pages: 4

Legal Studies Term Paper

...Legal Studies Term Papers The following article provides a brief synopsis on one of the domains of the legal studies, known as the critical legal studies. By the term “legal”, it is evident that the concerned domain is related to a theory or a movement, which is established upon law, official or accepted rules and regulations. The discipline of legal studies comprises of the decrees, which are formulated in order to maintain the regime in the country and eliminate the traces of injustice. However, the politicians to sustain their chain of command may also use them. The nitty-gritty of the Critical Legal Studies (CLS) movement was brought into being in the year 1960 on the occasion of the participation of individuals in the social policy that was meant to achieve goals through direct or militant action during the Vietnamese War. The erudite scholars of the following era had begun employing diversified theories to the field of law and made enormous contribution in reshaping the discipline of legal studies. However, the legitimate appearance of the legal studies movement was observed in the year 1977 at a conference being held at the University of Wisconsin-Madison. The CLS movements were on an increase during 1980s in the United States. However, the British or the European CLS did not succeed in gaining its aimed targets except for the Finnish international lawyer Martti Koskenniemi, who had played a significant role in the Critical Legal Studies campaigns. Some of......

Words: 647 - Pages: 3

Science Technology Case Study

...do not take into account future financial conditions or potential competitive pressures. The projection of sales growth of 30% per year is unrealistic compared to the historical growth of 12% over the past five years and our inaccurate forecasts for 1984. Sales are forecast to increase from the current level of $227 million in 1984 to $834 million in 1989. This is a compounded increase of 285% over the next five years. This exceeds the projected compound annual growth rate of 26% for industry sales from $1.6 billion to $4.0 billion. While we have made some progress in regaining market share in the printed circuit board and VLSI, several new competitors have entered the mix that will intensify the battle over market share. |Science Technology Projection |1985 |1986 |1987 |1988 |1989 | |Ratios |1985 |1986 |1987 |1988 |1989 | |Current Ratio |4.5 |2.9 |2.2 |1.8 |1.6 | |Acid Test |2.6 |1.7 |1.3 |1.1 |0.9 | |Debt/Equity |13% |22% |33% |44% |55% | |Competitors |Teradyne |Fluke |LTX | | |Current Ratio ......

Words: 346 - Pages: 2

Study Material Onsocial Science

...Kendriya Vidyalaya Sangathan 18, Institutional Area, Shaheed Jeet Singh Marg, New Delhi - 110 602. SUPPORT MATERIAL YEAR 2012-13 SUPPORT MATERIAL CLASS X – Social Science Chief Patron Shri Avinash Dikshit Commissioner KVS, New Delhi Patron Shri J.M Rawat Deputy Commissioner KVS, Jaipur Region Guidance Sh.K.R Choyal Assistant Commissioner KVS, Jaipur Region Sh. Dr. R.K Agarwal Assistant Commissioner KVS, Jaipur Region Convener Ms. Urmil Meena Principal, K.V. No. 1, Alwar Prepared By Mrs. P. Dixit Principal K. V. No. 4, Jaipur Mr. Anil Kumar Daila TGT (S.ST.) K. V. No. 1, Alwar Mrs. Veena Michael TGT (S.St.) K. V. No. 5, Jaipur Mr. D.C. Garg TGT (S.St.) K. V. Zawar Mines Mr. Manoj Singh TGT (S.St.) K. V. No. 1, Alwar Mrs. Sunila Thapar TGT (S.St.) K. V. Phulera Reviewed by Shri U.R Meghwal Convener Principal K.V Bhilwara Shri M.M. Sharma PGT (History) K.V Nasirabad Shri...

Words: 31003 - Pages: 125

Legal Case Study

...Legal Case Study This study is about a 41 year old woman whose name is Terri Schiavo. She was in a persistent vegetative state for 15 years with a brain injury before she died on March 31, 2005. This paper discusses her 15 year ordeal, the effects of it on her husband and family, Terri’s right to die, and the importance of end of life choices. We discuss the ethical and legal issues involved in the decision making of this case. Her husband and family disagreed on how to handle her situation, whether or not to remove her feeding tube. Even though their Terri was in both of their best interest, they could not agree on, would removing the feeding tube be killing her or letting her die? Ethical Importance Terri had left no written instructions as to what her wishes might be if she were no longer able to make her own medical decisions. The only thing that the court and her family had to go on was what her husband and family remembered her saying in conversation over the years. The memories of her husband and family were very different. In the beginning of this ordeal they both agreed that everything should be done for Terri’s survival because at that time there was hope. After a while, when Terri did not appear to be changing, or getting better, her husband believed that the quality of life that Terri had was not the quality that she would have wanted had she been able to voice her opinion. “Michael Schiavo said his wife had said that she would never want to be...

Words: 1209 - Pages: 5

Nace Lvl 3 Legal Study

...and New Foundland, Canada (Pennell and Burford, 1995) confirms these findings. Q4:1 New Zealand criminal justice system is based on the restorative justice processes. Q4:2 Police: The basic role of the Police in criminal cases is to investigate and gather evidence and to establish whether there is a case to be answered. Each case usually has an Officer in Charge Prosecutor: A prosecutor is any person who appears in court and progresses a criminal case on behalf of the Government of New Zealand. Defense lawyer or defense counsel: A defense lawyer (also called defense counsel) represents the defendant in court proceedings. Duty Solicitor: A Duty Solicitor (also called a Duty Lawyer) is a lawyer on duty at the courts. They provide free legal help to people who have been charged with an offence and don’t have their own lawyer. Judge: The judge presides over the trial proceedings, decides whether to convict or not (if not a jury trial) and passes sentence. Jury: he jury is a group of 12 people chosen from the community to hear a trial and decide whether or not the defendant is guilty. Offence victim: a victim is a person who has had an offence committed against them and who has suffered physical injury, or loss or damage to property as a result. Offender: When an accused person admits or is found guilty of an offence, s/he is usually called the ‘offender’. Victim Adviser: Victim Advisers are specialist staff employed by the Ministry of Justice to help victims....

Words: 1058 - Pages: 5

Legal Studies

...Discuss  the  issues  of  compliance  and  non-­‐compliance  within  consumer  law.         Unjust  contracts  –  common  law  and  statutory  clauses   A contract is an agreement involving two or more parties in which legal obligations are created that are legally enforceable. It does not have to be in writing but some form to be in order to have legal recognition. Moreover, contracts have a significance role is promoting compliance and restricting non compliance. Thus both common law and statue protection exists to improve protection against. unjust contracts. Common has evolved signfianctly and two of it’s more fundamental aspects in promoting just contracts include Duress and unconscionable dealing. Duress – actual or threatened violence if they do not sign. CASE LAW – Barton v Armstrong (1975), whereby Barton was forced to sell shares, however was overturned at Privy Council. Moreover, creating precedent of duress as a clause to make a contract invalid. Furthermore, unconscionable dealings are also banned under CASE LAW - Commercial Bank of Australia Ltd v. Amadio (1983). Whereby, defining it as “Unconscientious use of a superior position or bargaining power to the detriment of a party who suffers from a special disability”. While the common law provides mechanisms for remedying injustice, they were fairly limited and were often difficult to prove in court. Additionally, Statutory protection for......

Words: 805 - Pages: 4

Women and Children Trafficking in Bangladesh: a Legal Study

... Women and Children trafficking in Bangladesh: A Legal Study Md. Saddam Hossen[1] ABSTRACT Sexual abuse, exploitation, trafficking are nightmares for femininity especially for disadvantage groups and trafficking is the most heinous of all. Government as well as Non- Government Organizations is working for Prevention, Protection, Rehabilitation and Reintegration of trafficked victims and population at risk. Though among these, Prevention is the most effective to reduce or eliminate human trafficking it is least utilized. Perhaps lack of mechanisms by which to measure success or outcome of prevention activities is the cause of this. Still some NGOs are working on it. In fact NGOs have been the pioneers in bringing this invisible crime into the public domain by their continuous efforts. Government is now also concerned of it because of international pressure and concern. Government initiatives give emphasis on prosecution but it is a globally chained crime where prosecute real offender is tough. Rather prevention is the possible measure to stop trafficking. It is the only pre-trafficking measure which may help a young girl or child not to be victim of trafficking. NGOs are the only actor at grass root level working for prevention so it is necessary to see- actually what they are doing and has any change took place. . The study explains the definition of trafficking, causes and consequences of trafficking. It also suggest some recommendations for the preventio9n of this problem....

Words: 13655 - Pages: 55

Science Studies

...(especially being surrounded by all sorts of entertainment). When doing school work I am not as easily distracted vs. doing my homework, because there is nothing I would prefer doing rather than my work, besides going home. “Hard work is only a prison sentence if it does not have a meaning,” a quote from Outliers, page 150. I think this quote best relates to my two primary disadvantages, because I simply lack the passion for homework. Since I lack the passion I am distracted easily, which causes me to cram it all at the last minute (lack of time management). My plan to avoid these problems, is to become more organized, and to find a different study/homework environment. If I become more organized, it would make it easier for me to manage my time, because everything is in its place. For example, cleaning out my binder. Also, finding a new study/homework environment will help me focus more, because I usually do my homework in my room, which has many distractions. Mindset: Outliers has changed my way of thinking tremendously. Every time I look at someone that’s very successful in life, I automatically think of the ingredients of success according to The Matthew Effect, or the 10,000 Hour Rule. It made me realize how wrong most people are about the key to success. Most people believe that everyone has the equal amount of chances to get “to the to.” Yes, the Sky is the limit for us all, but some people are on the ground while others are on the clouds. My point is, some......

Words: 1526 - Pages: 7

Legal Studies Essay

...Legal Studies Research Essay By Shirley Zhang Option One: Which two criminological theories do you believe best explain criminal behaviour? Use at least two case studies [of real crimes/criminals] to support your opinion. 1000 – 1500 words. Compared to the economic and biological theories of crime, the psychological and the economic theories are more reliable. This can be shown through the Filipinos ex police officer hi-jacking and killing Hong Kong tourists case and the Ted Bundy’s case. The ex police officer, Rolando Mendoza was fired after found illegally extorting Christian Kalaw, a chef of the Mandarin Hotel. He hi-jacked a bus full of Hong Kong tourists as hostages demanding for his case to be reheard by the Ombudsmen and his job back. According to the Differential Association Theory and the social learning theory, criminal behaviours were leant and were learnt by observing their surroundings. This applied to Mendoza since he was a police officer who dealt with and observed criminal behaviours each day. Theorists of Strain Theory stated that social structures may encourage citizens to commit crime. Rolando’s brother, Gregorio, said that all his brother wanted was a fair hearing because the Ombudsmen never gave him a chance to defend himself and dismissed him straight away. According to the Labelling Theory, people could be influenced by the words they were described with. Rolando was kicked out of the police station because of extortion, thus, he was labelled......

Words: 291 - Pages: 2

Assignment 2 Legal Issues Case Study Part Ii

...Assignment 2 Legal Issues Case Study Part II Click Link Below To Buy: http://hwcampus.com/shop/assignment-2-legal-issues-case-study-part-ii/ Assignment 2: Legal Issues Case Study Part II Read the scenario and the questions that follow. Identify the legal issue(s) and apply legal concepts and possible arguments for each question. Prepare a solution for each question using laws, cases, examples and/or other relevant materials. At the end of the paper, identify potential ethical issues and propose a solution for each issue. Support your answers with information from the textbook and at least two outside scholarly sources. By Tuesday, May 10, 2016, prepare a 7 to 9-page paper that identifies the legal issues and potential solutions and answers all questions presented, supported by relevant legal authority. Properly cite all sources using APA format. This assignment requires application of the concepts learned in Weeks 1 – 5 and is worth significantly more than previous assignments. Marcus is a second year law student working as an intern for the largest law firm in Chicago, Illinois. The senior attorney introduced Marcus to a new client, Kay Roc, the founder of the famous fast food chain, McWilliams. As the owner of this large organization, Roc is looking to your firm to handle all of her legal needs. Marcus learns the following information from his meeting with Roc and her staff. • McWilliams recently hired a former high-ranking official from the Food and......

Words: 1344 - Pages: 6

Legal Study

...TOPIC 4: INTRODUCTION TO CONTRACT LAW — ESSENTIAL ELEMENTS OF A CONTRACT — STEPS 3, 4 AND 5 Please remember to check your Bulletin Board. • Chapters 5 and 6 of Turner. • Chapters 5 and 6 of Gibson (optional). Learning objectives After you have completed the readings for this topic you should be able to: > define consideration and be able to identify when it is present; > explain and apply the legal principles relating to consideration; > explain the difference between past, executed and executory consideration; > explain and apply the doctrine of promissory estoppel; > identify contracts which must be in writing; > recognise the classes of persons who have limited contractual capacity and describe the effect that each has on simple contract; > outline the common law rules regarding contracts entered into by infants and which can be valid, voidable or void; > summarise statutory changes to the common law made in NSW and SA in relation to infants; and > outline the common law rules with regard to capacity to contract with respect to corporations and bankrupts, the mentally ill and those under the influence of alcohol. Graduate School of Business 4:2 Step 3: Consideration Consideration is something for something. Put another way, it is the price the promisee pays for the promise. For example, in the case of the purchase of a house, it is that house in exchange for the purchase price. Consideration makes the agreement in a commercial bargain. A......

Words: 3143 - Pages: 13

Cambridge Sciences Pharmaceuticals Case Study

...the best and most modern procedures and treatment approaches. Furthermore, many of them return to Ireland having gained a wealth of experience in the conduct of clinical trials at these major U.S. centres. Being native English speakers many of our consultants also have strong networks of contacts among U.S. KOLs. They therefore have good potential for development as speakers or international thought-leaders. From a key note speaker and clinical trials perspective our consultants therefore represent a valuable resource to the company. Furthermore, Bayer’s link through Irish Oncologists to these U.S. KOLs, known as “tier one KOLs”, is of significant benefit particularly when planning and organising pre-launch speaker events. Like Cambridge Sciences Pharmaceuticals’ (CSP) plans for Metabical in the pre-launch stage, especially “high-profile medical education events”, Bayer would emulate this initiative especially at important national and international Oncology conferences. It is significantly of benefit to Bayer that while the prospect of expanding its market base through additional Oncology licensing is probable, the existing community of Oncology consultants with which it has established links based on their working experience using Nexavar over the last 5 years serves as a strong foothold for successful expansion. The size of the country means that we have good access and good relationships with most of the Oncologists. This also means that we are closer to the market and......

Words: 1504 - Pages: 7

Legal Studies Shelter

...Legal Studies ------------------------------------------------- Shelter THE RIGHT TO SHELTER AND THE ROLE OF GOVERNMENTS IN SATISFYING THAT RIGHT * The right to adequate housing applies to everyone. Furthermore, individuals, as well as families, are entitled to adequate housing regardless of age, economic status, and group or other affiliation or status, and enjoyment of this right must not be subject to any form of discrimination. * The right to shelter is clearly supported by international law. International recognition of the right to shelter was initially given in the U.N. Universal Declaration of Human Rights (1948). Article 25 of the Declaration states that “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family including food, clothing, housing and medical care and necessary social services”. * The UN CROC Article 27 (3) states that the government must provide material assistance and support programs where necessary, particularly with regard to nutrition, clothing and housing. * Article 11 of the U.N. International Covenant on Economic, Social, Cultural Rights (1966) states, “The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this...

Words: 1592 - Pages: 7

Street Gang Basket VF | Mimi o sumaseba | 公主的獨角獸