Contract Law Essay
Criminal intent refers to the decision by someone to carry out acts whose results he knows are prohibited. There are various degrees of mental fault namely; knowingly, intentionally, recklessness and negligence.
- The constitutional amendments that affect criminal procedures are first, the simplification of rules that are followed in the court of appeal and the result of this is simpler rules on appeal at the court of appeal. The second is simplification of rules that govern summoning of witnesses and mostly in cases that documentary evidence is used.
- The first tort that protect against intentional harm are negligence and it seeks to protect a person’s interest against negligence of duties by another person.Tresspass is also a tort and it seeks to protect an individuals interest in usage of is property by another person. The last tort in this list is defamation and it seeks to protect persons against things like insults and others.
- The torts that protect against harm to property are trespass and conversion and these two seek to protect a person’s property from being used by others without his consent.
- The defenses that are there for negligence are burden of proof, applicability and culture.
- Common law contracts are contracts that are as a result of decisions that have been reached through a court while uniform commercial code contracts are reached by bringing together acts and efforts from different states and it bring harmony into laws governing sales and other commercial transactions.
- The essentials elements of a contract are offer, acceptace, consiseration, intention to create legal relations, lawful objective, capacity of parties, and possibility of performance, consensus, and formality.
- (a) Express contracts refers to those contracts in which both parties that are involved specifically and clearly on the terms of the contract while implied contracts are contracts which have no specific agreement.
(b) Unilateral contracts are contracts that have more than one parties but only one party is bound by the terms of the contract while bi-lateral contracts are that in which all parties are bound by the terms of the contract.
(c) Valid contract are contracts between two or more people and fulfills all the necessary requirements of enforceability while a void one is between two or more people and can’t be legally enforced. Voidable contract are contracts that are enforceable by law at the request of one of the parties while enforceable contracts are those that even though they are valid, cant be enforced because the parties can be sued or sue on the contract.
(d) A contract is described as executed when both parties have performed their obligation under the contract while executory ones are that in which one or both of the parties are yet to perform their share of obligations.
- The three element of an enforceable quasi are money paid under unstable facts, money paid on total loss and action on money received. An enforceable quasi is an obligation which the law gives to certain people so as to prevent unfair losses or gains whereas a contract is an agreement between two or more people and is legally abiding and in which courts will enforce.
- An offer can be terminated by the following means; rejection, counter offer, death, insanity, lapse of time, failure of a condition, and revocation.
- The modern definiteness of acceptance is more effective Compared to the traditional since it allows people to make the contracts of their choice provided they fill any missing provisions in cases where the agreements they are making are silent.
- The rules for acceptance are; the acceptance must be absolute, acceptance must be communicated to the offerer, It must be within the stipulated time, the offer must be valid, acceptance made cant be revoked, acceptance by phone can only be complete when heard by the offerer and an offer made to a class of people can be accepted by a person of that class only.
- Consideration refers to benefit received by a party who gives a promise and legal sufficiency refers to case filed by a defendant in response to a complaint filed by the plaintiff.
- Contracts that are enforceable even though they are not supported by consideration are; married women act, agency, compulsory 3rd party insurance for motor vehicles, doctrine of constructive trust, bill of exchange and assignment.
1 .Lord Steyn (1997) Contract Law: Fulfilling the Reasonable Expectations of Honest Men
Need essay sample on "Contract Law"? We will write a custom essay sample specifically for you for only $ 13.90/page