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Business Law Principles and Practices Goldman, A., & Sigismond, W. (2014). Business Law: Principles and Practices (9th ed.). South- Western Cengage Learning. < ~ _,- " i " . ' l u,_~ ~• 't - -. . l ~ < '*~~ . ~. :, ~- - i Cengage Advantage Books PRINCIPLES AND PRACTICES apacity APTER PREVIEW inor's Rights and Obligations erv1ew ors' Right to Disaffirm a Contract - : eptions to a Minor's Right to Disaffirm a Contract ors' Right to Ratify a Contract -,..epresentation of Age by a Minor - ors' Liability for Necessaries -ems' Liability for Minors' Contract - rs' Liability for Torts ons Under the Influence of cohol or Other Drugs ally Incompetent Persons - -al Incompetence Determined by a .=ourt - 1 Incompetence Not Determined by a :ourt 169 ' CHAPTER HIGHLIGHTS : ~,' I]] 0 IN A BUSINESS SETTING Capacity to Contract =---- LEARNING OBJECTIVE~ Define capacity to contract. capacity to contract: legal and mental ability to understand the nature of an enforceable agreement disaffirmance: refusal of incompetent party to carry out the terms of an agreement This chapter explores the third required element of a legally enforceable contract, namely, the capacity to contract. You will learn that certain classes o persons have only limited or no power to contract. The remainder of the chapter outlines in some detail the liabilities of these individuals on ordinary contracts and for those contracts involving goods and services that the law considers necessary to life and health. It will be interesting to learn how far the law goes to protect minors, and even refer to them as "infants" in many of thei• court decisions. Andy, a 17%-year-old minor, purchased an expensive computer at Pace Computers for $2,500 and paid cash from his savings account. The purchase was for pleasure purposes . At the time of the sale, the salesperson was aware that Andy was a minor but made the sale anyway, thinking of the commission he would receive. Later on, Andy's girlfriend convinced him to take an overseas trip with her to several European countries. Since he needed all the money he could get {his savings account was depleted), he returned to Pace Computers to return the computer and to demand the return of the purchase price, claiming that he had a right to do so because of his protected status. The manager looked at Andy's driver's license and claimed that Andy was now an adult since he had turned 18 years of age and could no longer disaffirm the contract. Actually, Andy had passed his eighteenth birthday by two days. Questions 1. Was it unethical (unfair) for Andy to return the computer and demand his money back? 2. Could the manager refuse to take back the computer? Capacity to contract is the legal and mental ability of a person to understand th at he or she is entering into an agreement that is enforceable by law. It is a defens e available to an otherwise valid contrac ...
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Contracts A contract is based on promises voluntarily made Do all promises give rise to contractual obligations? OfferAcceptanceConsiderationCapacityLegality Unilateral and bilateral Expressed and impliedValidVoid and voidableUnenforceable PROMISE FOR AN ACT Reward is an example PROMISE FOR A PROMISE ART AGREES TO PAINT HOUSE AND BOB AGREES TO PAY $1,000. Bill and Linda meet at a party. He was 74, and she was 49. A month later, they started to talk about marriage. Linda was concerned about quitting her job, and Bill said he would give her whatever she needed. One day, she walked into the bathroom with a handwritten note containing financial terms for a marriage, and he signed it. They got married, but Bill filed for divorce 1 ½ years later. What is the issue? Does the contract given to and signed by the husband in the bathroom constitute a valid and enforceable agreement that was freely entered into? What kind of agreement was it, unilateral or bilateral? It was unilateral because it was an agreement to marry. How did the court rule? To be enforceable, the agreement must be freely entered into without duress or undue influence. When marriage is contemplated, the parties must do so knowing of the assets of the other. In this case, the parties never disclosed their assets, liabilities or income. The husband also never had the chance to consult an attorney. Therefore, the agreement is not enforceable. Stated in direct termsCan be written or oral I will sell you my sports car for $25,000 When you go to the doctor, you impliedly agree to pay for services. Plaintiffs cared for the decedent for several months before he died. They claimed they were promised payment for services. Defendant maintains that they are a family member so services were gratuitously rendered. Contract implied-in–fact is to prevent unjust result. Normally, there is a presumption that services rendered by a family member are free. However, contract may be implied when service are performed with expectation of payment. In this case, plaintiffs can point to no evidence that they agreed upon a price with the decedent, what form payment would take, or when payment would be made, so a contract should not be implied. Satisfies all requirements of an enforceable agreement Binds one party but gives the other option to withdraw Element of contract has no legal force or effect ILLEGAL CONTRACT Satisfies elements of a valid contract but won't be enforced by court Most contracts are oral in nature and can be enforceable. The major problem with oral contracts is proving the existence of the agreement. Oral contracts require the courts to assess the credibility of the parties. Are agreements where people pool their money to buy l.
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Lecture Note 8 lessons from the book "Emotional Equations" by Chip Conley: 1. "Joy = Love - Fear" - This equation suggests that joy is the result of feeling loved without fear. When we feel loved and secure, we are able to experience joy. 2. "Despair = Suffering - Meaning" - This equation suggests that despair arises when we are suffering but cannot find any meaning in our suffering. Finding purpose and meaning can help us move out of despair. 3. "Anxiety = Uncertainty x Powerlessness" - This equation suggests that anxiety arises when we feel uncertain about a situation and powerless to control it. Recognizing and addressing our feelings of powerlessness can help reduce anxiety. 4. "Disappointment = Expectations - Reality" - This equation suggests that disappointment arises when our expectations do not match up with reality. Adjusting our expectations or finding ways to change our reality can help reduce disappointment. 5. "Envy = Despair + Resignation" - This equation suggests that envy arises when we feel both despair and resignation about our own situation, while simultaneously coveting what others have. Practicing gratitude and finding ways to improve our own situation can help reduce envy. 6. "Authenticity = Self-Awareness x Courage" - This equation suggests that authenticity arises when we are both self-aware and courageous enough to express our true selves. Developing self-awareness and cultivating courage can help us live more authentically. 7. "Happiness = Wanting What You Have / Having What You Want" - This equation suggests that happiness arises when we either want what we already have or have what we want. Cultivating gratitude and finding ways to attain our desires can help increase happiness. 8. "Hope = Belief / Doubt" - This equation suggests that hope arises when our belief in a positive outcome outweighs our doubt. Focusing on positive outcomes and cultivating a hopeful mindset can help increase hope. Thanks for reading Keep following👉Martha Kay
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62 CHAPTER 4: Offer, Acceptance, and Consideration CHAPTER 5: Contracts: Capacity, Genuine Assent, the Statute of Frauds, and Illegality CHAPTER 6: Third Parties, Performance and Discharge of Contracts, and Remedies Unit II Contracts rog80328_04_c04_062-088.indd 62 9/20/16 11:14 AM © 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution. 63 C ontract law is of great importance in business and in everyday life. Common trans- actions such as buying a pack of gum at the corner grocery store, purchasing a ticket at a movie theater, or ordering a meal at a restaurant involve making contracts, but so does a complex patent licensing agreement between two multinational corporations. In this unit, we will explore the nature of contracts, the requirements for their valid formation, and the consequences for their breach. A contract is a legally enforceable agreement between two or more people. Although all contracts contain enforceable promises, not all promises result in contracts. Consider the following situation: Henry invites Ericka to dinner, and Ericka accepts. Henry looks forward to the date and can think of little else all day long. A half hour before they were to meet, Ericka calls Henry and tells him that she will not be able to keep their date because Ron has invited her to go danc- ing and she has accepted. Henry is upset, hurt, and angry and would like to sue Ericka for breach of contract, since she has clearly broken a promise made to him earlier that day and caused him distress. Will he succeed? Ericka may not be a very nice person, and she may have had a moral obligation to attend the dinner date. Nevertheless, she had no legal obligation to do so. The agreement that she breached was not a contract, but merely a social obligation that the courts will not enforce. In order for there to be a valid contract, certain essential elements must exist. These include an offer to enter into a contract, acceptance of the offer by the other party, an exchange of consideration between the parties, and a legal purpose for the contract. In addition, both parties must have the capacity to enter into a contract. We will explore these elements in depth in this unit. We will also discuss certain types of contracts that must be in writing to be enforceable and situations in which a contract is unenforceable due to a lack of genuine assent, such as in cases of fraud or mutual mistake of fact. We enter into contracts every day. On the way to work, you pick up a newspaper at a news- stand. You also stop for a cup of coffee at a cafe. While there, you use your phone to browse the Web and purchase tickets to a concert online. Finally, you arrive at the bus stop and pay your fare as you enter the bus that will take you to work or to class. In each of these examples, a contract was made. In each case, there was a valid offer and acceptance (your ordering the drink and the cafe’s providing.
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a able about accomplish accomplishment achieve achieving action affect affects against all always and any are around as backs be because become becoming being believe big bring broke by can challenges chance change choice come consistent could day deal desperate desperation. determination did didn’t disciplining do does doesn’t don’t dreams each easy end enough even every everyone everything fail failing failure far feel financial first fitness from fulfilled full get go goal goals had have help how hundreds if importantly in inspiration. inspire into is it’s just kind knees learn Learning life lives living lucky many massive matter may miss more most motivated No not Now of one or other others our over own people people’s possibility possibly poverty power problem pursue putting quitting realize reason regret regrets said same second see setbacks should sick small so someone something spring start stories success successful take taking than that The their themselves there these they things think thought to too towards trouble trying two up wall wanted was we Well went what when Whether who Why will with with won’t words you your yourself Code of Ethics: This is a synopsis of some of the most important ethical considerations you need to be aware of as a professional in the real estate industry. Terminology: Agency: The fiduciary relationship created between a principal and an agent whereby the agent can act on behalf of the principle for certain transactions. Agency is usually created when the principal signs a listing agreement to list their property for sale or a management contract to rent a property for instance. Agent: The broker or sales associate acting on behalf of the principal (see Agency) Client: The person with whom the broker or sales associate has a legal contract to represent. Customer: Is not contractually bound to the industry professional Principal: Person who hires an agent to act on his or behalf. Code of Ethics: #1: The agent has a responsibility to promote the interests of their client(s) and treat all involved in any real estate transaction in an honest and fair manner. They must disclose if they are a dual agent (representing both buyer and seller in a transaction) or a designated agent (represent either the buyer or seller depending on state law), or they are a limited representative (will provide only certain duties in the transaction per state law). #2: Agents must openly acknowledge to clients any personal interest they might have in any transaction prior to showing a property; they must acknowledge any personal relationships involved. Ex: Agent says, “I want to disclose to you before we look at it, that this property belongs to is my brother and my sister in-law is his agent.” #3: The Agent will not allow anyone that is not pre-authorized by the owner, to access the property of the client. #4: Never overstate benefits or attributes of a property or opportun.
a able aboutaccomplishaccomplishmentachieveachieving.docx
a able aboutaccomplishaccomplishmentachieveachieving.docx
sodhi3
a able about accomplish accomplishment achieve achieving action affect affects against all always and any are around as backs be because become becoming being believe big bring broke by can challenges chance change choice come consistent could day deal desperate desperation. determination did didn’t disciplining do does doesn’t don’t dreams each easy end enough even every everyone everything fail failing failure far feel financial first fitness from fulfilled full get go goal goals had have help how hundreds if importantly in inspiration. inspire into is it’s just kind knees learn Learning life lives living lucky many massive matter may miss more most motivated No not Now of one or other others our over own people people’s possibility possibly poverty power problem pursue putting quitting realize reason regret regrets said same second see setbacks should sick small so someone something spring start stories success successful take taking than that The their themselves there these they things think thought to too towards trouble trying two up wall wanted was we Well went what when Whether who Why will with with won’t words you your yourself Code of Ethics: This is a synopsis of some of the most important ethical considerations you need to be aware of as a professional in the real estate industry. Terminology: Agency: The fiduciary relationship created between a principal and an agent whereby the agent can act on behalf of the principle for certain transactions. Agency is usually created when the principal signs a listing agreement to list their property for sale or a management contract to rent a property for instance. Agent: The broker or sales associate acting on behalf of the principal (see Agency) Client: The person with whom the broker or sales associate has a legal contract to represent. Customer: Is not contractually bound to the industry professional Principal: Person who hires an agent to act on his or behalf. Code of Ethics: #1: The agent has a responsibility to promote the interests of their client(s) and treat all involved in any real estate transaction in an honest and fair manner. They must disclose if they are a dual agent (representing both buyer and seller in a transaction) or a designated agent (represent either the buyer or seller depending on state law), or they are a limited representative (will provide only certain duties in the transaction per state law). #2: Agents must openly acknowledge to clients any personal interest they might have in any transaction prior to showing a property; they must acknowledge any personal relationships involved. Ex: Agent says, “I want to disclose to you before we look at it, that this property belongs to is my brother and my sister in-law is his agent.” #3: The Agent will not allow anyone that is not pre-authorized by the owner, to access the property of the client. #4: Never overstate benefits or attributes of a property or opportun ...
a able aboutaccomplishaccomplishmentachieveachieving.docx
a able aboutaccomplishaccomplishmentachieveachieving.docx
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