Contract Law

A tortfeasor. The tort refers to the body of the law that will allow an injured person to get compensation from the person who caused the injury (the tortfeasor). This comes from the Latin word tortus, meaning "wrong".

A simplistic definition of 'consideration' is: something of value given by one party, in return for the performing of a contract, or for the promise to perform a contract, by the other party. (The full definition and analysis could run for several pages.)

Those who have contracted themselves to work for seven years in exchange for having their passage paid to reach America are called indentured servants. They often had to work for 7 or more years.

A void contract is one that is no longer enforceable for some reason, such as it has expired or the parties have cancelled it. A voidable contract is one where one or both of the parties could walk away from the contract without further obligation, but has not done so.

Civil and Criminal cases are never litigated at the same time in the same court. However, the same transaction (or sequence of events) may lead to both civil and criminal proceedings. For example, O.J. Simpson was prosecuted and subsequently acquitted for the murders of Nicole Brown Simpson and Ronald Goldman in a criminal court. However, he was sued for wrongful death by the families of the victims, found liable, and ordered to pay damages in a later civil suit.

An example of a penalty clause would be a clause that is written into some types of loans. If a person pays off their loan early, the company actually gets less money overall, so sometimes they add a penalty to make up the difference.

The job outlook for lawyers will indeed change in the year 2017. The reason why is because researchers show that 30% of crime occurences increase by 3% every five years. So the salary of a common lawyer will increase by$2000, every 15 years.

There are seven individuals who lack capacity, or have limited capacity.

Minors - generally, contracts can be terminated at the minor's option. Exceptions include: if the minor has affirmed the contract; if it has been more than one year after reaching the age of consent; if the minor has received some benefit such as health care, employment, food, education, or legal advice.

Mental incapacity - which can be either a temporary or permanent incapacity. If the incapacity is temporary, legal proceedings must be started as soon as possible after the incapacity is over. If permanent, a guardian can start proceedings as soon as they realize. For this to succeed, the incapacity must have been reasonably apparent.

Intoxication - Very high standard for this; the person must be so drunk that they could not know or appreciate what they were doing. It must also be apparent to the other party, and legal proceedings must be started as soon as possible after the intoxication.

Business corporations - generally treated as an individual that has reached the age of consent, with minor subtleties: if the corporation is chartered and has contracted outside of the charter, ie) not with the general aim, then the corp is still responsible for the contract. It may choose to change its charter instead. If the corporation is statutory and the contract falls outside of the goal of the corp, the contract is said to be "ultra vires", and is not enforceable.

Associations - typically cannot enter into contracts. Exceptions include education, religious, charity, and trade unions.

Indian bands and aboriginal persons (Canada) - The Indian band acts as if it is incorporated, and can sue or be sued. Aboriginal persons have all the same rights, except they may not use reserve land as credit against a loan, and must obtain gov't approval to sell or rent land.

Public Authorities - generally act on behalf of the public, but the contract must fall within the division of powers that it is acting for.

The four most important things to include in a contract are the parties' names, the contract subject, the timeframe, and the price cost. A contract is a mutual agreement between the two parties included in the contract. An offer in contract law is expressing the desire to enter into a contract. It must be made with the intentions that the offer will become binding as soon as the offer is accepted. An offer can be revoked anytime before.....

unilateral

It really depends on what you are looking for. On orange, you can get a blackberry torch on contract with 3000 minutes, unlimited texts, wifi, internet, 50 photo messages, push email and on an 18 month contract but this will cost a lot at £80 a month.

Whereas, if you are looking for a cheaper contract, you may want to have a look at blackberry curve 8520 at £10 a month or blackberry curve 9300 at £13.50 a month both on carphone warehouse.

All in all, I would get a blackberry curve 9300 on carphone warehouse as I think that they do brilliant offers on very good phones!

18

The meaning of obligation of contract is the legal duty of the parties to the contract to live up to the promise they make in contract. Thus mainly emphasis a moral duty on the contractors.

Contract law is a very complicated area of law. The answer depends on the contract, the circumstances of the breach and state laws. Remedies can include compensatory damages, consequential damages, punitive damages and a court order that requires performance exactly as outlined in the contract. You can read more about it at the related link.

A memorandum of understanding (also known as a written gentlemen's agreement) is a document which describes an agreement between two or more parties. Memos of understanding are NOT legally binding and are not valid contracts.

If a person breaks a contract he/she will be liable for all monetary damages that reasonably flow from the breach. This is strictly a civil liability. There are no criminal penalties involved in breaching a contract per se.

In addition to being liable for monetary damages, the person breaching will lose all rights to enforce the contract against the other party in the event that it becomes desirable to reinstate the contract.

Further, in certain circumstance, the other party can go to court to force the breaching party to perform what is required under the terms of the contract whether he/she wants to or not.

Certain exceptions to the rule on responsibility for damages exist. A contract for personal services may be breached and the other party simply has no obligation to pay the person breaching the contract. The breaching party cannot be forced to perform the services under the contract mainly because the Thirteenth Amendment to the US Constitution abolished slavery and involuntary servitude.

Common law

Yes

Well they are similar in the fact that they are agreements. They are both agreeing on what each part will do. However their differences are more profound. Treaties are between countries therefore their is no real enforcers because countries are not controlled by laws like citizens. Contracts are between citizens or corporations and are under the law and can be penalized for breaking the contract. They both are usually similar in format.

Yes, an unwritten contract can be legally binding if it can be proved that a contract exists between the parties. For instance, many tenants do not have a written lease or rental agreement with their landlords. But it's easy to prove that a contract exists because the tenant is renting the property and the landlord is accepting rent from the tenant. What is harder to establish, however, is what the exact terms of an oral contract are. That's why it is always advisable to put it in writing so that there is no question that a contract exists and both parties are clear on what their rights and obligations are.

2 weeks

It depends upon where you live. but generally no, a person under 18 cannot enter into a legally binding contract without their parent or guardian's approval.

its provisions represented the view of many conservative Republicans on the issues of shrinking the size of government, promoting lower taxes and greater entrepreneurial activity, and both tort reform and welfare reform.

A minor does not have the absolute right to void a contract. As a general rule, contracts made by minors are voidable by the minor at any time up until the minor affirms the contract after reaching majority or until a reasonable times after reaching majority. There are cases where a minor can be held liable for his/her actions if at the time the contract was entered they acted in a responsible and adult-like that proves they were of a capacity to understand the contract. However, the burdon to prove that the minor was actually of capacity falls on the other parties in the contract.

Technically any contract is just an enforceable promise, and minors have the ability to enter into contracts, much the same as adults do [aside from the ability to disaffirm a contract]. There are cases where contracts that have been created over the Internet to do something illegal have become enforceable, and so I would have to say yes, contracts over the Internet that are made by minors are enforceable. -A 16 year old Business Law student and business owner