Contract law is one of the major branches of legal studies. Students pursuing legal studies need to
know
the various aspects associated with contract law in which they are supposed to prepare an
assignment on
a contract law
case study.
However, before they embark on this mission to prepare their contract law case study, they first
need
to dig deeper into the very concept of contract laws. Here’s a sneak peek into some important
areas
of contract laws.
What Should the Students Know Before Working on a Contract Law Case Study?
The term contract refers to the agreement in written form which includes the
following elements.
It
must
be verified under the court of law.
- Introduction clauses (provisions)
- Defining the parties and key terms
- Statement (s) of purpose
- Obligations of each party
- Assurances and warranties
- Attachments
- Signature block
To make a contract viable under the law it must accomplish certain requirements(Nolo.com).
Contracts and the Law
The basic contract is formed when two separate parties enter into an agreement and oblige to
perform
their duties responsibly. With the term party, it can refer to any organization, person or a
corporation
which enters into an agreement. The agreement is legally enforceable. The main laws which
govern
the contract law are:
The Common Law
Common law refers to the set of laws which are developed by judges, courts and legal tribunals
which
provide regard and importance to every individual’s case
(Legal-dictionary.thefreedictionary.com).
The most crucial aspects of contract law fall under the category of common law.
Contract Law Sample - Contract & Business Law
It is necessary that parties to the contract must have enforceable agreement
between
them, for claiming the damages in case of breach of contract. Following are the
causes
due to which contract is breached by the parties:
(a) Party to the contract fails to perform the contract on
time.
(b)Party to the contract fails to perform the contract as per
standards
and specifications of other party. ...
The Uniform Commercial Code
The Uniform Commercial Code (UCC) is a set of laws that provide legal rules
and regulations governing
commercial or business dealings and transactions. The UCC regulates the transfer or sale
of
personal property. (Uniformcommercialcode.uslegal.com).
According to the nature of a contract made between the parties, it can be classified into the
following
categories:
-
Bilateral Contract: The most common form of contract involving two parties
where they
mutually oblige certain promises to each other.
-
Unilateral Contract: Unilateral contract refers to those legal agreements where
only
one party promises a performance or a service to another while the other only accepts the
offer.
-
Express Contract: An express contract refers to those mutually stated
agreements where
the conditions and promises are explicitly stated to each other without any documentation
evidence.
-
Contracts under seal: This refers to the traditional contract which carries an
authorized
seal. In some countries or body of law, a contract is valid and enforceable only when it
bears
this seal from the court of law.
-
Implied Contract: Implied contract refers to the set of contracts where the
parties
agree to the obligations and show their intent to enter into a valid contract.
-
Aleatory Contract: It refers to all those mutual agreements which get
implemented for
some unforeseen and uncertain event. In these contracts, both the parties take some risks.
The
most common example is the insurance contract.
-
Adhesion Contract: In these contracts, one party always takes the advantage of
their
higher bargaining power. These are implemented by big businesses or influential people
where
the weaker party has a very limited say in the formulation of contract.
These are the major types of contracts that are listed under the state of law
(Legal-dictionary.thefreedictionary.com).
But it is not exhaustive; according to the conditions stated in the agreement or law
applicable,
contracts can also be classified as Executed Contracts, Unconscionable contracts, Void
Contracts.
Breach of Contract: Why Is It That Big a Deal?
Breaching of a contract occurs when one of the parties in the contract violates any clauses
mentioned
in the agreement and it causes harm (financial or in other forms) to the other party. If any
party
violates the contract, it can affect the respective party in a variety of ways. They are as
follows(Smallbusiness.findlaw.com):
- It damages the reputation of the party, their business and also as a person.
- The other party will lose interest and concern to continue the business relationship with
the defaulter.
- If the damages are caused due to a breach of contract, the other party can lead the
business into
a lawsuit.
- While the lawsuit continues in the court, the violator has to provide time and money which
affect
the normal functioning and the business.
- The court can order the defaulter to exhibit some specific performance or to honor the
obligations
mentioned in the contract.
- If the court finds that the violation towards the contract is momentous then the court can
hold the
party contempt, fine and even imprison.
The most common remedy of these cases is, the violator would be asked to pay for all the damages
caused
as compensation. The amount of money is determined according to the extent and equivalent to
damages
caused by the violator
In some exceptional cases, the violator can also be ordered by the court to pay for the punitive
damages
caused to the other party which can make the complete turnaround for the company impossible.
Students pursuing law need to prepare a contract law
case study assignment to exhibit their knowledge in this
discipline. However, most of them
do not have a firm knowledge and grip over this subject hence struggle to make impeccable
contract
law case study assignments. That’s where contract law case study samples step in to save them.
Contract Law Sample - Business and Contract Law
In order to answer this question, a discussion on the rule of Indoor management is
needed.
When an employee or authority from a company on behalf of the company, enters into
a
contract with any outsider, it is considered that the company as a whole is
entering
into the said contract. A noteworthy case in this regard is Bank of New Zealand v.
Fiberi
Pty Ltd . The outsider ....
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