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美国法律作业:The legal emvironment of business

时间:2019-04-25 14:26来源:未知 作者:anne 点击:
Chapter 8 Q1 It is because he should firstly clear the nature of the contract before analyzing a contract problem. 这是因为在分析合同问题之前,他应首先明确合同的性质。 Q2 The difference between them is that an offer for a uni

Chapter 8
Q1
It is because he should firstly clear the nature of the contract before analyzing a contract problem. 这是因为在分析合同问题之前,他应首先明确合同的性质。
 
Q2
The difference between them is that an offer for a unilateral contract only needs the commitment of one party while an offer for a bilateral contract needs the commitments of two sides. Because the difference is related to the establishing and effective time of the contract, so it is important to understand. 它们之间的区别在于,单方合同的要约只需要一方的承诺,而双边合同的要约需要双方的承诺。因为差异与合同的确立和有效时间有关,所以理解很重要。
 
Q3
A party must prove its damage or the unjust enrichment of the other party to recover under the theory of quasi-contract (Clarence, 1956).  一方必须证明其损害或另一方的不公正财富在准合同理论下得以恢复(Clarence,1956)。
 
Q4
The mirror image rule requires that the commitment shall strictly match the offer; otherwise it will be regarded as a counter offer. 镜像规则要求承诺严格匹配要约;否则将被视为还价。
 
Q5
The mailbox rule is a principle of common law to determine the effect time of the commitment. According to this principle, in making the commitment by letter, if the offeree puts the letter into the post office, the commitment comes into effect and the contract is established. 邮箱规则是普通法的原则,用于确定承诺的效果时间。根据这一原则,在通过信件作出承诺时,如果受要约人将信件写入邮局,则承诺生效并签订合同。
 
Chapter 9
Q1
The first type is the consideration to be paid; the second type and the third type are the considerations which have been paid; the fourth type is the consideration completed in the past. 第一类是要考虑的代价;第二种类型和第三种类型是已经支付的考虑因素;第四种是过去完成的考虑。
 
Q2
There are three aspects required to prove promissory estoppel: there is promise; the accepter reasonably trusts promise and act according to promise; it is fair. 证明承诺禁止反言需要三个方面:有承诺;接受者合理地信任承诺并按照承诺行事;它是公平的。
 
Q3
Yes. It is because as long as the civil action is voluntary, $1 can be adequate consideration. 是。这是因为只要民事诉讼是自愿的,就可以充分考虑1美元。
 
Q4
The first exception is if the parties mutually agree to change the terms of the contract. The second exception is that a third party offers a promise contingent upon performance of the contract. The third exception is that parties renegotiate contracts to include additional benefits. 
 
Q5
The three elements include the main body for satisfaction, the object for satisfaction, and the place, time, and fare for satisfaction. 
 
Chapter 10
Q2
The obligations are civil liability for breach of contract produced by disaffirming a contract of the minor, which is compensatory. It is the responsibility of property, not personal responsibility. 
 
Q3
The contract which is in the range of the behavior ability and cognitive ability of minors is not subject to that. 
 
Q4
Crazy is just a character trait of the man. It has no relation to the effect of the contract he entered into. The contract validity has connections with the age and metal state of the man. 
 
Q5
The establishing process of the contract, the conditions of the parties, the content, the aim, the duration, and the scope of the contract are all factors that determine the legal validity of a covenant.
 
Q6
Contract in restraint of trade is contractual restrictions on freedom to conduct business, and is one of the unconscionable contracts (Jan, 1907). 
 
Chapter 11
Q1
The cause of unilateral mistake is the meaning representation error of one party while that of mutual mistake is two parties’ error. Their results are also different. 
 
Q2
When the law adopts the doctrine of autonomy, a unilateral mistake can lead to a contract’s being voidable. 
 
Q3
The innocent misrepresentation means the party should bear the responsibility for compensation even if there is no intent or negligent false statement. The fraudulent misrepresentation means a party intentionally makes a false statement. 
 
Q4
When the circumstance changes, the truth is not the whole truth, the contract is of the utmost good faith, and it is fiduciary relationships, the nondisclosure can be treated as misrepresentation. 
 
Q5
Undue influence means all the facts that illegally influence the independent judgment and voluntarily contracting of one party. General undue influence includes duress.
 
Chapter 12
Q1
The statute of frauds under the UCC requires the written form as the minimum requirements, stricter terms applied between traders, and exceptions in written form. 
 
Q2
The contract for the sale of goods, contracts for lease, and contracts for construction projects. 
 
Q3
Exceptions: the evidence on the validity of the contract; the semantics of the terms of the contract is not clear; indirect protocol; modification after the conclusion of the contract. Because in the judicial practice, these evidences will not change or deny the terms of the contract in dispute, and also not add new content to the contract. 
 
Q4
Delegation is the assignment of responsibility or authority to another person to carry out specific activities (Jason, 2011). 
 
Q5
Because the incidental beneficiaries have no legal basis of receiving benefits, so they are not able to enforce such rights. Only donne beneficiaries and creditor beneficiaries can enforce such rights. 
 
Q6
After rights have been transferred to a third party, the assignor has no liability, but the delegator still assumes all the liability as before. 
 
Q7
The desirability is to encourage the transfer of contractual rights and accelerate the economic circulation, which is simple, quick, and convenient for transaction. 
 
Reference 
Clarence, S, 1956, ‘Quasi-Contract’, The Modern Law Review, Vol. 19, No. 3, pp. 255-269.
 
Jason, M, 2011, ‘Duplicative delegations, Administrative Law Review’, Vol. 63, No. 2, pp. 181-244.
 
Jan, L, 1907, ‘Contracts: Restraint of Trade’, Michigan Law Review, Vol. 5, No. 3, pp. 203-204.
 


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