Wednesday, October 30, 2019
Business Law Essay Example | Topics and Well Written Essays - 1000 words - 6
Business Law - Essay Example However, before any party can sue for enforcement of the contract, he or she has to show that there exist the six basic requisites present in a legally binding contract. Notably, an enforceable contract has to have an offer and acceptance, competent parties with a legal capacity to enter into a contract, a lawful subject, and consideration. In this case, Daffy will have to show the existence of the above mentioned elements in order to enforce the contract. According to the available details, Daffy will prevail in showing the existence of offer and acceptance and competent parties, but will fail to show the mutuality of obligation and the legality of subject matter. In order for a contract to be deemed enforceable, the parties in the contract must have a common intention or a meeting of the minds on the conditions of the contract. The individuals must come to an understanding on the same thing, in a similar sense at the same time. If a party to the contract has been deceitfully misled or deceived to accepting or entering into the contract, then the contract is voidable. In this case, Daffy knew that he had been stealing from the company and did not mention it to the company or the board of directors. Additionally, Daffy will fail to prove the legality of the subject matter if Acme can prove that Daffy has been stealing from the company in the high court. ... Stevenson (1932), a manufacturer is anticipated to exercise a reasonable duty of care to other people. In Donoghue v. Stevenson (1932), Donoghue, the plaintiff had taken a beer manufactured by Stevenson, which had remains of a slug at the bottom of the bottle. The court determined that there existed an implied contract between the manufacturer and the plaintiff and that the manufacturer ought to have the people affected by their actions in contemplation (Looney & Oliphant 56). For a negligent case to prevail, it is imperative for the party to show that the acts or blunders were the cause of the damage or harm suffered. In this case, Coyote will prevail in showing that the faulty switch caused the premature detonation and caused harm to him and his friend. This is actionable in a county of high court. For a case against negligence to prevail, there has to be a direct cause or factual causation. In JoeÃ¢â¬â¢s case, the court will have to determine what caused the car to skid and hit the tree. In this case, Joe will not prevail as the actual cause of the accident is the slippery pavement. If the pavement was not slippery, Joe would have responded to CoyoteÃ¢â¬â¢s incident successfully. Additionally, his case will not hold water as he did not suffer any injury or damage (Looney & Oliphant 76). It is imperative for a party to exercise a reasonable duty of care to evade causing emotional distress to another party. In Bugs BunnyÃ¢â¬â¢s case, he suffered an injury as a result of emotional distress caused by witnessing the police accident. This case will prevail (Looney & Oliphant 78). In the third case, Foghorn Leghorn accepted the offer in writing but added additional terms to the contract. These terms were a precondition to the performance of the contract.