Answer:
Is the Agreement a Contract?
In a dispute, the court must initially determine whether the agreement constitutes a contract or not. In order for an agreement to be considered a valid contract, one party must make an offer and the other party must accept it. There must be a bargained for exchange of promises, meaning that something of value must be given in return for a promise. In addition, the terms of a contract must be sufficiently defined for a court to enforce them.
Enforcement and Contract Defenses
If a court determines that a contract exists, it must decide whether that contract should be enforced. There are a number of reasons why a court might not enforce a contract, called defenses to the contract, which are designed to protect people from unfairness in the bargaining process, or in the substance of the contract itself.
If there is a valid defense to a contract, it may be voidable, meaning the party to the contract who was the victim of the unfairness may be able to cancel or revoke the contract. In some instances, the unfairness is so extreme that the contract is considered void, in other words, a court will declare that no contract was ever formed. What are some of the reasons a court might refuse to enforce a contract?
1. Capacity to Contract
In order to be bound by a contract, a person must have the legal ability to form a contract in the first place, called capacity to contract. A person who is unable, due to age or mental impairment, to understand what she is doing when she signs a contract may lack capacity to contract. For example, a person under legal guardianship due to a mental defect completely lacks the capacity to contract. Any contract signed by that person is void.
A minor generally cannot form an enforceable contract. A contract entered into by a minor may be canceled by the minor or their guardian. After reaching the age of majority (18 in most states), a person still has a reasonable period of time to cancel a contract entered into as a minor. If the contract is not canceled within a reasonable period of time, it will be considered ratified, making it binding and enforceable.
Courts are usually not very sympathetic to people who claim they were intoxicated when they signed a contract. Generally a court will only allow the contract to be voided if the other party to the contract knew about the intoxication and took advantage of the person, or if the person was somehow involuntarily drugged.
2. Undue Influence, Duress, Misrepresentation
Coercion, threats, false statements, or improper persuasion by one party to a contract can void the contract. The defenses of duress, misrepresentation, and undue influence address these situations:
Duress: A party must show that assent or agreement to the contract was induced by a serious threat of unlawful or wrongful action, and that she had no reasonable alternative but to agree to the contract.
Undue Influence: Undue influence is often defined as unfair persuasion by a person who, because of his or her relation to the victim, is justifiably assumed by the victim to be one who will not act in a manner that is inconsistent with the victim's welfare.
Misrepresentation: A misrepresentation may be a false statement of fact; the deliberate withholding of information which a party has a duty to disclose; or an action that conceals a fact.
3. Unconscionability
The unconscionability defense is concerned with the fairness of both the process of contract formation and the substantive terms of the contract. When the terms of a contract are oppressive or when the bargaining process or resulting terms shock the conscience of the court, the court may strike down the contract as unconscionable.
A court will look at a number of factors in determining if a contract is unconscionable. If there is a gross inequality of bargaining power, so the weaker party to the contract has no meaningful choice as to the terms, and the resulting contract is unreasonably favorable to the stronger party, there may be a valid claim of unconscionability. A court will also look at whether one party is uneducated or illiterate, whether that party had the opportunity to ask questions or consult an attorney, and whether the price of the goods or services under the contract is excessive.
4. Public Policy and Illegality
Rather than protecting the parties to a contract as other contract defenses do, the defenses of illegality and violation of public policy seek to protect the public welfare and the integrity of the courts by refusing to enforce certain types of contracts. Contracts to engage in illegal or immoral conduct would not be enforced by the courts.
Discuss three activities through which local government
Answer:
education and early childhood education and care
Explanation:
Explain the purpose of law in society.
Answer:
Laws protect our general safety and ensure our rights as citizens against abuses by other people, organizations, and the government itself. We have laws to help provide for our general safety. These exist at the local, state, and national levels, and include things like: Laws about food safety.
To make a sale, fran tells gio that her hyundai kia has never been in an accident. this may give rise to an action for fraud if the statement is:__________.
To make a sale, Frank tells Gio that her Hyundai Kia has never been in an accident. this may give rise to an action for fraud if the statement is False. This is further explained below.
What is a False Statement?Generally, a False Statement is simply defined as Untruthful but non-deceptive statements are known as "false statements."
In conclusion, a False Statement in the context of Frank tells Gio that her Hyundai Kia has never been in an accident or in a case of the transaction is punishable by law
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how to conduct a disciplinary hearing
What are the two due processes of law within the Constitution?
Answer:
Due process under the Fifth and Fourteenth Amendments can be broken down into two categories: procedural due process and substantive due process. Procedural due process, based on principles of fundamental fairness, addresses which legal procedures are required to be followed in state proceedings.
whats the reason of traffica laws
Answer:
The reason of traffic laws is to protect you and other people in the streets and to have a proper line of vehicles in the road to avoid accidents.
Performance that creates a legally binding contract may consist of an act.
True or False?
Answer:
Performance that creates a legally binding contract may consist of an act. A transaction that lacks a bargained-for exchange lacks an element of consideration. Forbearance is the act of refraining from doing something that one has a legal right to do.
What important labor legislation was passed by california in 1975.
Answer: The California Agricultural Labor Relations Act (CALRA) is a landmark statute in United States labor law that was enacted by the state of California in 1975, establishing the right to collective bargaining for farmworkers in that state, a first in U.S. history.
Why am I being asked this
In contract law, the term consideration refers to the serious thought that underlies a party's intent to enter into a contract.
True or False?
Answer:
In contract law, the term consideration refers to the serious thought that underlies a party's intent to enter into a contract. To be legally sufficient, consideration must be evidenced by something tangible. The element of bargained-for exchange distinguishes contracts from gifts.
how to engage in a protest
In my opinion I would have proof and have statements to back up my opinion for the protest. I would also make sure that what I am doing is not going to leave anybody injured or hurt. This is what kind of protest I would do.
A scientific ___law__ is a statement that explains what always happens under very specific conditions.
A statement that explains what always happens under very specific conditions is referred to as scientific law.
What is Scientific law?Scientific Laws describe what's going to take place in a given situation as demonstrable via way of means of a mathematical equation, while theories describe how the phenomenon happens. It explains phenomena that the scientific network has discovered to be provably actual.
Therefore, a scientific law is a statement that explains what always happens under very specific conditions.
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Scenario: You are an attorney on a criminal case. You have concerns about one of the witnesses who will be testifying during the trial. You are concerned that she has a history of failing to appear in court and of committing perjury (lying under oath) in the past.
Task: Create a professional email addressed to a colleague. This colleague is another attorney who will be trying the case with you. The email should explain your concerns about the witness in your upcoming trial. You may choose the details of the case/witness and the side that you represent. Be sure to follow the guidelines above for professional emails. 20 pts
Answer:
here you go did my best
Explanation:
Dear, Colleague
I am overall concerned with this Criminal, due to her not showing up to trial. She has committed perjury before she seems dangerous and I can't fight on anyone's behalf if she doesn't show I am concerned but I would greatly appreciate your comment on it.
Thank you, your Colleague
In the email, the attorney can send to the colleague by mentioning that the former is concerned with the Criminal, due to her not showing up to trial and she has committed perjury before and she seems dangerous. "I can't fight on anyone's behalf if she doesn't show I am concerned but I would greatly appreciate your comment on it."
Who is an attorney?An attorney may refer to a lawyer and a lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counsellor, solicitor, legal executive, or public servant with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems.
Some lawyers also work primarily in advancing the interests of the law and legal profession
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Complete. Use the Present Simple. Sally her aunt and uncle. (visit) 2. 1. Who She Tom No, he doesn't. He to school on foot. (go) on TV? (watch) (watch) (not watch) 4. they swimming? (like) Yes, they do, but they 5. When you to a football match on Sundays. (go) in Spain? (visit) to school by bus? (go) 3. What She she the news but she soap operas. running. (not like) to a football match? (go)
If your car has airbags, you don't have to wear a seat belt.
a. true
b. false
How many states require background checks to purchase a firearm.
Answer:
21
Explanation:
it says it on goo gle, looking at 2022 info
What did the passage of the kansas-nebraska act, the supreme court's dred scott decision, and john brown's raid on harpers ferry have in common?
Slavery's growth into the western territories was addressed by John Brown's raid on Harpers Ferry and the Supreme Court's Dred Scott decision.
What do they have in common?This bloody struggle, which ravaged Kansas, gave national attention to John Brown, who would escalate sectional tensions over slavery to unprecedented heights in 1859 with his Harpers Ferry Raid, an effort to incite a huge slave uprising.
Prior to Brown's invasion, the United States Supreme Court had added fuel to the flames of sectionalism in 1857 with its decision in the Dred Scott case, which included an enslaved person who claimed freedom on the grounds that he had been taken to live in free territory.
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A notary signing agent has been providing signing services with no incidents over 10 years without having undergone a background screening therefore he or she is what
Permitting rental agencies to refuse to rent apartments to families with children would violate what kind of due process?
Answer:
The Fair Housing Act of 1968
Explanation:
The Fair Housing Act of 1968 made it illegal for landlords to discriminate against prospective tenants with children under the age of 18.
What was the first country to legalize gay marriage?.
Answer:
The Netherlands
Explanation:
In December 2000 the Netherlands legalized gay marriage.
Hope this helps and have a good day!
Business Law (American), how do I do this?
1. The legal issues involved in this scenario are:
Formation of a legally-recognized business entityHaving a partnership agreement with your partner.2. The legal options available include:
Registering the business with your Gen-Z partnerDisengaging with the undocumented partnership.3. The advisors can continue with your established relationship unless they do not consider themselves incompetent to handle the new developments.
4. If your friend sues for half of the profits based on your past success, it shows that the relationship should have been formalized before then.
However, it seems that you and your partner had been sharing profits before now in some acceptable ratios.
What are the advantages of a formalized business entity?Numerous advantages are enjoyed with business formalization, including:
Unlimited growthIncreased clienteleLimited liability protectionReduced exposure to government finesBetter marketing and advertising opportunitiesImproved access to finance, business development services, and technologies.Thus, having reached this relationship stage with your Gen-Z partner, you should formalize the business.
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A quasi contract is not enforceable by a court.
Answer:
A quasi contract is a legal agreement created by the courts between two parties who did not have a previous obligation to each other.
The interval or amount of space you
leave between your car and the car
ahead is known as
O Gap
Normal
O Interval Distance
Following Distance
Answer:
following distance
Explanation:
it is the distance between you and the car you are following (the car in front of you)
the distance should be 3 seconds of driving between you and the car in front
11. vivaan is planning to become a probation officer. he knows that he needs to get a bachelor's degree. what field of study would be least helpful for vivaan to spend his time on?
criminology
psychology
biology
sociology
o
o
Answer:
biology
Explanation:
hope this helps
Vivaan is planning to become a probation officer. Biology would be least helpful to spend his time on. The appropriate response is option C.
What is probation officer?An official assigned or sworn to investigate, document, and monitor the behavior of criminal prisoners on probation or those released from prison to supervision in the community such as parole is known as a probation and parole officer.
A professional who counsels and keeps tabs on the whereabouts of criminal offenders on probation is known as a probation officer. To make sure they are abiding by the terms of their probation, they suggest rehab programs for them and administer drug tests.
A four-year degree is required in criminal justice, social work, psychology, or a similar field is required to work as a probation officer. A master's in criminal justice is often required of parole and probation officers.
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You are a supervisor pondering a possible ethical issue. Which word indicates you are approaching motivational blindness?
The word which indicates you are approaching motivational blindness is willfullness. Thus the correct answer is C.
What is motivational Blindness?Motivational blindness is systematic conditions consider a failure to recognize unethical behavior in others when it is not our interest as well as duty to do so. It includes a tendency to ignore the actions of others when they are damaging to the best interest of the company
In this case, employees did not follow the guidelines or regulations implemented by the organization but the employer will avoid this fact as employees are bringing tremendous profits for the organization after being incorrect.
Therefore, option C willfullness is appropriate.
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For a first conviction of operating under the influence of alcohol or drugs, how long can you be imprisoned?.
Answer: Six months
Those convicted of operating under the influence of alcohol or drugs will: Be fined up to $500 and imprisoned for up to six months for a first conviction. Be fined up to $1,000 and imprisoned for up to nine months for a second conviction.
Application letter for Malawi army recruitment
Members of the u. S. Supreme court serve for how long?.
Answer:
The Constitution states that Justices "shall hold their Offices during good Behaviour." This means that the Justices hold office as long as they choose and can only be removed from office by impeachment.
Explanation:
A prominent lawyer is discussing how his client is a product of society. he comes from a disadvantaged area and was not given the opportunities
that more affluent children had. the lawyer argues that his client is not the problem, that society is the problem. what criminal theory does this
thinking represent?
oa social pathology
ob. criminal psychology
oc radical criminology
od. criminal anthropology
The criminal theory that the thinking of the lawyer represents is known as social pathology.
What is a social pathology?This concept refer to a social structures, behaviors and values that is attributed to particular social categories.
As the lawyer emphasizes that the client is a product of societyof a disadvantaged area, then, he is using a social pathology.
Therefore, the Option A is correct.
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Answer:
Social pathology
Explanation:
it is
How long are supreme court justices appointed for?.