(855) 4-ESSAYS

Type a new keyword(s) and press Enter to search

Sample of Legal Torts and Compensataion

            
             Was there an enforceable contract between Abe and Bob, and if so, at what price?.
            
            
             Bob – Enforceable Contract? .
             A. Formation.
             In order for Abe to prove he has a valid enforceable contract, he must show that all the essential elements are present. Abe must prove that there was valid offer and valid acceptance of the terms to be a valid enforceable contract. .
             1. Applicable Laws.
             Since this contract is for the sale of moveable goods [widgets], common law is not relative to this transaction; rather Article 2 of the Uniform Commercial Code ("UCC") will govern this transaction. In this case, it seems that Abe (seller) and Bob (buyer) are "merchants" within the meaning of the UCC because Abe is selling "cheap widgets" and knows his competitors product, and Bob wants to buy them for his business. According to the Article 2 of the UCC's, a merchant is a person who has special knowledge of or who regularly deals in this type of moveable goods involved. Since the parties are both merchants, they will be held to a higher standard of good faith and fair dealing, and the Special Merchant Rule will govern as well. .
             a. Mutual Assent.
             Mutual assent requires that the essential terms of the contract are sufficiently definite and certain and that both parties have agreed to those terms. The problem in this case is that the price term "cheap" and the price is dependent on the quantity "numbered ordered" may not be definite and certain. .
             b. Was there an offer made? .
             A valid offer exits if a party communicates to the other party an intention to be bound by the terms of the offer. The terms must be definite, certain terms communicated to an identified offeree. The expression of intention to be bound must contain the essential terms of the agreement. Here, Abe is advertising in the newspaper "cheap widgets" and the price is dependent of the number of widgets ordered.


Essays Related to Sample of Legal Torts and Compensataion

1. JPMorgan Chase and the Financial Crisis

At common law, the elements of a contract are offer, acceptance, intention to create legal relations, and consideration. ... There is a presumption for commercial agreements that parties intend to be legally bound. ... This is considered the intention to create legal relations.... (SOURCEWATCH, 2012) A common point of confusion is the difference between intentional torts, like assault and battery, and negligent torts, like in an automobile accident. ... The opposite of an intentional tort is a negligent tort. ...

  • Word Count: 1390
  • Approx Pages: 6
  • Has Bibliography
  • Grade Level: Undergraduate

2. Law Of Torts And Negligence

The purpose of this paper on Law of Torts was to choose for or against tort reform and to state my position and support it. ... Tort Law is more commonly called personal injury law. ... Torts can be classified in three broad categories: negligence, intentional torts and strict (or absolute liability) torts. ... What is an intentional tort? ... Form an economic standpoint I am for tort reform. ...

  • Word Count: 812
  • Approx Pages: 3
  • Has Bibliography
  • Grade Level: High School

3. Legal Assignment

The section applicable to the above situation comes under the law of torts the. The law of torts covers a variety of legal actions and cannot be precisely defined but generally it concerns one person infringing the rights of another, which basically cover any damage to any person wether it be physical or mental or property. The law of torts can be broken up into four main sections that cover most damage in respect to the case Mr Kline could claim. ... The Tort Concerned in this case would be Negligence, which states, where a person (Mr. ... Because Mrs Collins thought it was an injustice ...

  • Word Count: 1005
  • Approx Pages: 4
  • Grade Level: High School

4. Equality, Responsibility, and the Law

The book also examines responsibility and luck as there issues arise in tort law, criminal law, and distributive justice. In revealing how the problems that arise in tort and criminal law as well as distributive justice. ... Conceiving of the relation between negligence and criminality in this way enables Ripstein to plausibly characterize crimes as "torts with something added." ... Others issues that are talk about in this book are the analysis of Ripstein response to various challenges to traditional legal practices. ... Another issue that was address was the concerned with defending tra...

  • Word Count: 1856
  • Approx Pages: 7
  • Grade Level: Undergraduate

5. Members of Students for Fair Tuition

Tort Law Tort law is the name given to a body of law that creates, and provides remedies for, civil wrongs that do not arise out of contractual duties. (Glanville) A person who is legally injured may be able to use tort law to recover damages from someone who is legally responsible, or "liable," for those injuries. Generally speaking, tort law defines what constitutes a legal injury, and establishes the circumstances under which one person may be held liable for another's injury. ... One of the main topics of the substance of tort law is determining the "standard of care" - a legal phras...

  • Word Count: 1535
  • Approx Pages: 6
  • Has Bibliography
  • Grade Level: High School

6. Sports And Drugs

It states that an employer can be held vicariously liable for a tort committed by one of their employees. ... Even though "respondeat superior- has existed as a legal principle for over 700 years it has constantly changed between the two extremes of full employer liability and almost no liability for employee torts. ... Therefore owners were held absolutely liable for any tort they committed. ... In the 1700's the courts again moved away from their viewpoint of non-liability for employee torts. ... But the courts also recognized a distinction between intentional torts and negligence. ...

  • Word Count: 1958
  • Approx Pages: 8
  • Grade Level: Undergraduate

7. The Basics of Being a Lawyer

Lawyers defend and represent a person or entity in legal dealings. ... Some of the background work includes outlining legal documents and faxing them to involved parties. ... The semester-long courses are: Civil Procedure, Constitutional Law, Contracts, Criminal Law, Property, and Torts. ... At UGA, students are required to take Civil Procedure I, Contracts & Sales, Criminal Law, Legal Research & Writing, and Torts in their first year. Contracts & Sales, Legal Research & Writing, and Torts are year-long in length while Civil Procedure I and Criminal Law are only semester-long courses. ...

  • Word Count: 795
  • Approx Pages: 3
  • Grade Level: High School

8. Freedom of Speech: Snyder vs. Phelps

Historically, harmful speech has been subject to tort liability, "the legal requirement that a person responsible, or at fault, shall pay for the damages and injuries caused. ... Sullivan, the Supreme Court began "constitutionalizing"" state tort claims to actualize First Amendment protection of speech subject to tort liability. ... Westboro moved for summary judgment and an appeal contending that the First Amendment protected the Church's speech from tort liability. ... Phelps, the fact that the time, place, and manner of the Phelps' speech did not violate criminal laws does not ...

  • Word Count: 3341
  • Approx Pages: 13
  • Grade Level: Undergraduate

Got a writing question? Ask our professional writer!
Submit My Question