A Contract
← Sexism in the Military | Language and Dialect Contact → |
Abstract
A contract is can recognized as an accord between two or more groups that bind them to be able to offer specific goods or services. It is used to carry out the business activities as it is the documentation tool that steers the business procedures. The agreement can be either oral or written. In business, one party may fail to meet the required obligations this is termed as a breach of contract. A breach may also occur when another party makes it impossible for the other group to be able to perform his responsibilities. A breach may be harmful to the parties or it may be considered a minor. In the case of a minor breach, the parties involved will have to avoid a lawsuit and work out a solution (Bly, 2010).
Breaching a business contract
Take a case study of Mycine who deals with the sale of imported musical instruments. He writes a poster at his shop stating the sale of a trumpet at $500. Deny passes by and sees the poster. Interested in the offer he gets into the shop and presents to Mycine his interest to buy the trumpet. However, he has no money they get into negotiations and finally they come to an agreement that the trumpet will be sold after a week if Deny is not able to raise the money by then. After three days, Deny gets the money and tries to contact Mycine in no avail. He, therefore, leaves a voice message on his handset stating that he has the money but will come to collect the trumpet on Saturday.
Before Mycine’s could read the message, Dave, Mycine’s brother deletes all the voice messages in the handset to create space after attempting to download some music and the hand seems to have low-memory space. The next day another customer gets to Mycine’s shop with $500 and requests to buy the trumpet on a cash basis. Mycine sells the trumpet and send a rider to Deny’s house to deliver a letter stating that he had already sold the trumpet. Unfortunately, the rider delivers the letter to the wrong address.
On Saturday, Deny goes to Mycine’s shop to buy the trumpet with a hired vehicle to assist in transportation and finds the trumpet sold. In this case, there is a breach of the contract made between Mycine and Deny. An offer was made and an agreement was done. If this case is to be taken by law, Deny would argue that the terms of his offer were clear and a definite deadline for payment of the $500 was set thus demonstrating the intention to make the statement binding. On the phone message left by Deny on Mycine's Phone, it is debatable to state that deletion of the message has no negative effective effect on the agreements.
For the part of the court, it would consider Mycine to have been under no binding act as he sent a letter to serve a notice of revocation. Unfortunately, he remains bound by the agreement terms as once an offer is accepted it cannot be revoked. In this case, the breach is a minor, thus substantial performance will apply as it states, “if a breach is a minor the non breaching party may sue the breaching party to reclaim the cost to fix the defect if the breaching party has previously been paid.” The law of inferior performance and material breach would not apply in the case between Mycine and Deny (Pearson Education, 2010). In inferior performance and material breach, a material breach occurs when one of the concerned parties renders inferior performance of his actual responsibilities that may destroy the meaning and terms of the contract. This happens simultaneously one case after another. The non-breaching party may reverse the agreement and recover reconstitution or support the contract and regain the damages.
In summary, breaching of contracts the main elements that constitute a contract, have to be looked upon in detail to determine if either has been surpassed. The law requires that for the formation of a contract the parties have to offer a corresponding acceptance, a consideration, and an intention to create legal relations.
- Language and Dialect Contact
- It's Mixing
- Sexism in the Military
- The History of African Cinematic Techniques
Tom J.
Jackson, MI
|
|
|
Many thanks to your writers and customer service representatives for helping me get through a very difficult time in my college career. I needed writing assistance and your crew came through for me, big time! My papers were written impeccably. Thanks so much! |
Sylvia S.
Ardmore, OK
|
|
|
Dear EssaysEmpire.com, Over the last couple of years, I have used your writing service for a total of five times. I have never had the same writer twice, but I have had excellent results with the writers who were assigned to my projects. I could easily recommend you guys. You’re the greatest! |
Billie N.
Atlanta, GA
|
|
|
EssaysEmpire.com is the only writing company that I can trust with my important writing projects. I have learned that I can count on your quality and ability without fail. Thank you, EssaysEmpire.com, for only hiring the best writers. I wouldn’t dream of using any other writing service. |
Sharon S.
Dallas, TX
|
|
|
I greatly appreciate your assistance. Writing has never been my strong point. When I needed help, EssaysEmpire.com gave it to me. I am completely satisfied! |
Cleo C.
Wichita, KS
|
|
|
To the writers at EssaysEmpire.com: Next week, I will be graduating with a degree in clinical psychology. Over the course of my college years, I have had to turn to you for help many times. Each and every time, you produced some of the highest quality writing my professors had ever seen. Because of you, I was able to keep a high grade point average and get into an excellent grad school. There are simply no words adequate enough to fully express my appreciation, so I’ll simply say, “thank you” and let it go at that. Please know that you are appreciated. |
Quincy S.
Cambridge, MA
|
|
|
You guys did a super job on my paper. The work definitely exceeded my expectations and eased my anxiety. This was the first time I had hired a writing service. The transaction was seamless. I would use you guys again in a heartbeat! No questions asked. You’re the best, hands down. |
Kaylie B.
Casper, WY
|
|
|
Thank you, EssaysEmpire.com, for being the one writing service that I can always depend upon. You are reliable, honest and you do great work. I have been happy with every order I have placed with you |
Sarah M.
Portland, OR
|
|
|
Today was the perfect day to make an A+! It convinced me that there are solutions to problems that seem impossible to solve. When I realized that the due date for my paper was coming up quickly, I felt like there was nothing I could do. If I didn’t hand in my paper on time, I would get an F and fail the course. However, I had to study for 3 major exams and write two other papers. My roommate suggested that I turn the paper over to you guys, which I did, and voila! I got an A+ on it and the problem was solved. Thank you, EssaysEmpire.com and to your writers and staff. You are a great writing service. |
Phoebe K.
Madison, CT
|
|
|
I find your writing company to be professional, proficient and perfect. Your papers are always so good! They make good reading, in addition to being well written assignments. I can tell your writers really know their stuff! |
Maddie P.
Seattle, WA
|
|
|
The EssaysEmpire.com website is so great! There are no mysteries to be solved. They give you the full layout about what they have to offer and how much it costs. No surprises. I had a couple of questions about the different options and their customer service rep was so friendly! She answered all my questions. I ordered my first paper and it was so well written that I got an A+ on it! Thank you, EssaysEmpire.com! |
Shirley R.
Casper, WY
|
|
|
I would be honored to recommend your writing service to all of my friends. I don’t usually recommend anything unless I truly believe it to be a good thing. EssaysEmpire.com is a good thing! |
Sarah H.
Brooklyn, NY
|
|
|
As always, I can count on EssaysEmpire.com to never let me down. I had to place an emergency order and was worried that I had not given the writer enough time to do a good job. I was wrong. They did a tremendous job! Thanks ever so much! |
Pierre W.
Memphis, TN
|
|
|
There are four things that I look for in a good writing service. #1. They have to be fast. A good writing service won’t miss an important deadline. #2. A good writing service will let customers actually talk to the writer who is working on their customer’s papers, so the customer can work out important details. #3. A good writing service will have a user-friendly website that is easy for the customer to use and #4, a good writing service will offer quality guarantees. EssaysEmpire.com meets all of this criteria and more. EssaysEmpire.com is the best writing service and has the reputation to prove it. I wouldn’t even consider using another writing service since experiencing the excellence that is EssaysEmpire.com! |
Marcus H.
Eugene, OR
|
|
|
You’ve done it again! Every time I order a paper from EssaysEmpire.com, you top the last one. This latest one was the best yet. I truly do appreciate the fact that you offer such high quality writing. It never fails. With some of the other writing services online, you ever really know what you are going to get. Sometimes, they just sell you a paper that someone else has already bought. I never have to worry about things like that happening when I use EssaysEmpire.com. |
Steve Y.
Ft. Worth, TX
|
|
|
I would just like to say that I am tremendously happy with the two papers that were written for me by the EssaysEmpire.com writers. They were just what I ordered….only better. |
Rob B.
Tulsa, OK
|
|
|
I needed APA formatting, EssaysEmpire.com’s writers gave me APA formatting. I needed 2000 words. EssaysEmpire.com’s writers gave me 2000 words. I needed an A+ on my paper to bring up my GPA. EssaysEmpire.com gave me a paper that got an A+. I am a happy person, thanks to EssaysEmpire.com! |
Thomas C.
Louisville, KY
|
|
|
I loved the paper that your writers helped me with. They wrote from a very interesting perspective that I had never even considered. My teacher was happy with the work, and so was I. Thank you very much. |
Glen M.
Oakland, CA
|
|
|
Your writers are awesome! I got an A and two A+’s on the papers that they wrote for me! |
Tommy Davids
Singapore, CH
|
|
|
EssaysEmpire.com knows how to do the things that it takes to instill confidence in their customers. They can be counted on every time, to deliver high quality service and high quality writing at prices that we can afford. I would never use any other writing company. “If it ain’t broke, don’t fix it.” It ain’t broke! |
Bruce R.
Tulsa, OK
|
|
|
Thanks for everything. You guys know how to write so well! I will call on you again in the future. |