Contracts: The Legally Correct Way
Christopher J Subbiondo
Business Law I: BUS 311
Mr. Thomas Huffman
June 6, 2010
Contracts are often viewed as unnecessary in the eyes of the public. Most people think that they live their lives doing what they want, when they want with little regard for contractual law. In reality, contracts bind the decisions that most people make on a regular basis. By writing this article I will demonstrate the usefulness of contracts and how they relate to everyday life. I also intend to provide a reasonable idea of what would happen if we did not have contracts guiding decisions made. Because without contracts, the law would not know who to rule in favor of should the need arise, which happens on a daily basis all around the world. The basic definition of a contract is an agreement between two or more parties. This definition encompasses a great many things. If you take a look at the life of an average consumer, from the beginning of their day to the end of it, they make decisions based on factors that have been put in place by contracts. Our consumer wakes up in his home, which was bought from K. Hovnanian, a company that is well known for the designing homes and making people’s dream homes come to life. That house was built by contractors. By definition a contractor is a person or firm who contracts to build things. Electricians, carpenters, stonemasons, plumbers, home audio technicians, Sheet-rockers, painters, and floor specialists are all examples of contractors that were involved in making the consumers dream home come to life. However, K. Hovnanian does not have a contract with each of these types of contractors. Instead, they have a contract with a general contractor, who has agreed to hire each of the other types of contractors to complete the work necessary to make the house come to life. Our consumer works out a deal with K. Hovnanian for a certain price, which becomes the binding contract that K. Hovnanian agrees to build the house for. The trademarks that K. Hovnanian uses to define who they are, is bound to them by a trademark agreement with the United States. According to the Legal Information Institute of Cornell University, A trademark is defined as “Any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.” By registering this trademark our consumer is able to safely say that it is K. Hovnanian they are dealing and not someone who is pretending to be them. Once the home is completed then, the consumer would then bring in a third party, to the agreement: Bank of America. Bank of America has entered into an agreement with our consumer to pay K. Hovnanian for the home built. In turn, the consumer must pay back Bank of America over the next twenty years at a fixed interest rate the amount of money borrowed. This becomes a mortgage contract. According to the Legal information institute at Cornell University, “A mortgage contract, involves the transfer of an interest in land as security for a loan or other obligation.” this is the most common method of financing real estate transactions. The mortgagor in this case K. Hovnanian is the party transferring the interest in land. The mortgagee, Bank of America, is the providing the loan given in exchange security. “Normally, a mortgage is paid in installments that include both interest and a payment on the principle amount that was borrowed.” Now that our consumer has bought his home and is moving in, a decision is made to buy items for the home that will be necessary for the consumer to live comfortably. Our consumer goes to Kmart and uses their Visa credit card to pay for a number of items such made by brand name companies such as Martha Stewart Living or Craftsman, the bill of sale, otherwise known as the receipt, is an agreement to pay the store for the amount of...
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