Q1)
The first and the foremost thing that can be identified in the case is that there was no contract signed, but at the same time verbal promise was done between the two. But verbal promise can also be legally bind as well and the only condition required for this is that there shall be an offer and acceptance. But in the first case there was no consideration so that promise was not legally bound and the school cannot take an action in this regard. On the other hand the second case can be considered as consideration as university was offering him the name of university and that is why that can be considered as legally binding.
Q2)
a)
Ace entered in contract with Cheatham and that is why the contract was legally binding. In the same manner Cheatham was bound do deliver these parts and at the same time there was offer, acceptance and consideration in this case and hence fulfills all the requirements of a contract. So Ace has the option of filing for the loss that it might have incurred from Cheatham not fulfilling their responsibilities. This will include the amount of fine faced by the company and also the loss of business that the company might have faced in this regard.
b)
The given case fulfills all the requirements of contracts and there is offer, acceptance and consideration present in this case. Even though it may be a verbal contract but fulfills all the requirements and hence is legally binding. Seller can file for completion of the contract and at the same time for payment of the cost that he might have incurred in this regard. This may include the cost of the trial and any other physical or mental trouble through which he might have gone through because of non-fulfillment of the contract.
c)
Charles will also have similar path at his disposal. As all the conditions are fulfilled so this verbal contract will be legally binding and he can also file for fulfillments and any cost that might be faced by him because of non-fulfillment of the contract at the right time.
Q3)
a)
Non-competence clause is used by the companies for ensuring that the employee of the company don’t work with the competitors and share the secrets of the company with them after quitting the job.
b)
As the new office of Zack is within the 76 miles that is the limit set by the contact signed between the two, so the company can file a suit against Zack. At the same time the company can ask for the cost it might have incurred because of the legal fees and procedures, along with the loss of business that might have been faced by accounting firm because of his action.
c)
The first and foremost requirement for receiving commissioner as a broker of real state is that the person must be licensed real estate agent or broker. And if a person does this thing without a proper license then this act can be considered illegal. So the neighbor doesn’t have any legal remedy that can force James to pay him commission.
Q4)
a)
There are various states in United States of America where betting on sport events is illegal. If the two mentioned characters are present in a state in which betting is illegal then there is remedy for Smith. But if they are in a state that allows betting then he can file a suit against him.
b)
The exculpatory clause is applicable only in reasonable circumstances and at the same time these kinds of clauses are not applicable if the damage is caused intentionally or reckless behavior of the person responsible for the act. So in this case this clause can be considered unreasonable and there are chances that this will not be applicable.
c)
According to the law of the state the highest amount that can be charged by a bank in this regard is $360 on the principle amount and including the additional fee of 300 the total interest that has to be paid by him will be almost equal to 660. But the sum of the amount that he has paid during the year and the amount that is still due shows that the amount that is charged in this regard is far more than 36%. So Jacobus can use this thing as a defense in the suit filed against him.
d)
The city or government of some place cannot force the people from not-performing their religious activities. As he has to perform his duties on Saturday so he shall be given the permission of opening the store on Sunday, but only if he is operating a store that is related with shoes.
Q5)
a)
Jennic is 17 years old so the application of the law are different on the people who are under 18 and people who have minimum age of 18 years old in the society. When Jennic was found to be involved in a road accident then she was 17 years old so she was not personally responsible for any personally imposed by the regulatory authorities but now when she has reached to the age of 18.5, she has to pay her bills because she is personally responsible for all expenditures incurred
b)
This case is about the marriage of Paul and charlotte, in this case Paul has asked the charlotte that he want to marry her and in response she has said yes. But it cannot be considered as the legally enforceable contract because there is no doubt, there was offer and acceptance I this scenario but there was missing one other component of the contract and it was “consideration”. As he is also giving consideration in the form of corvette so it will be enforceable
c)
The contract of the property and rent cannot be done in verbal manner. These kinds of contracts have to be in written form and that is why Paul cannot take his case in the eye of court.
d)
As in this no amount has been mentioned so the promise that will be made in this regard cannot be classified as contract. That is why this promise is not enforceable by the law.
obahas
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