Wednesday, 14 October 2015

LAW 531

LAW 531 WEEK 4 CONTRACTUAL ANALYSIS



Law 531 Week 4 Contractual Analysis
lContract law is needed to ensure compliance with a promise or to entitle a non-breaching party to relief when a contract is breached. All contractual relationships involve promises, but all promises do not establish contractual relationships.  Most contractual promises are kept; keeping a promise is generally in the mutual self-interest of the promissory and the promisee.
Requirements of the Offer
  • Agreement = offer and acceptance.
  • Parties must show mutual assent to terms of contract.
  • Once an agreement is reached, if the other elements of a contract are present, a valid contract is formed.






Acceptance
  • Acceptance is the
ŸVoluntary act (expressed or implied),
Ÿby the Offeree that,
Ÿshows assent (agreement),
Ÿto the terms of an offer.
  • “Mirror Image” Rule
    • Express contract: terms of contract are set forth either in writing or orally.
    • Offeror being the US Navy and Offeree would be me, Levuris J. Smith exchange promises to each other making the contract a bilateral contract.
    • “A personal services contract is a contract to perform" continuous [duties that] involve skill, personal labor, and cultivated judgment“, which a enlistment contract is known as (Sagi, 2010, para. 2, p.168).
      • Express contract: terms of contract are set forth either in writing or orally.
      • Offeror being the US Navy and Offeree would be me, Levuris J. Smith exchange promises to each other making the contract a bilateral contract.
      • “A personal services contract is a contract to perform" continuous [duties that] involve skill, personal labor, and cultivated judgment“, which a enlistment contract is known as (Sagi, 2010, para. 2, p.168).
    • ALL PPT slidez Attached...........

LAW 531 WEEK 4 CONTRACTUAL ANALYSIS

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