"Discuss What Courts Are Saying About The Enforcement Of Arbitration Clauses In Contracts" Essays and Research Papers

  • Discuss What Courts Are Saying About The Enforcement Of Arbitration Clauses In Contracts

    Introduction Courts are over bounded with a large number of cases and their disposal takes long time. Therefore a need was felt for a faster dispute resolving mechanism. That’s why “Arbitration Act” was provided with a view to give speedy justice to the people and also to avoid unnecessary court case expenses. It is an informal dispute settlement mechanism. Bangladesh has recently enacted a new arbitration law, known as “The Arbitration Act, 2001. The Act came into force on April 10, 2001. The Act...

    Alternative dispute resolution, Arbitration, Arbitration award 2575  Words | 7  Pages

  • Arbitration Law

    Arbitration is a form of alternate dispute resolution, and is an informal proceeding which, as it pertains to administrative agency law, is the preferred method of conflict resolution. It occurs outside the courts and is presided over by an arbitrator, or unbiased third party. It is a settlement technique in which the arbitrator reviews the case and imposes a decision that is legally binding When parties are unable to negotiate an agreement, they enter into arbitration. Arbitration can be voluntary...

    Arbitration, Arbitration award, Common law 1582  Words | 5  Pages

  • Arbitration - Paper

    INDEX Item Page Introduction 2 When it is used? 2 How it works? 3 The arbitration award 3 Is Arbitration final? 4 Types of Arbitration 4 Laws applicable in arbitration 5 IN EGYPT 6 Conclusion 7 References 7 ARBITRATION Introduction What it is ARBITRATION ? In arbitration an independent third party considers both sides in a dispute, and makes a decision to resolve it. The arbitrator is impartial; this means he or she does not take sides. In most cases the arbitrator's decision...

    Alternative dispute resolution, Arbitration, Arbitration award 1939  Words | 7  Pages

  • Automatic Renewal Clauses: The Case between Letisha and Sudson Washer and Dryer

    Automatic Renewal Clauses: The Case between Letisha and Sudson Washer and Dryer Abstract This paper examines a contract between Letisha and Sudson Washer and Dryer that contains an automatic renewal clause. The potential defenses for Letisha if Sudson sues her for breach of contract are presented. The defenses for Sudson that support the automatic renewal clause are also discussed. The ethical issues of using an automatic renewal clause and the actions of the Sudson Washer and Dryer...

    Contract, Contract law, Finance lease 1674  Words | 5  Pages

  • Discuss About Offer and Acceptance in Contract Law:

    people do not know much about contract law. Actually, we are signing contracts everyday. For example: Buying candies in a shop. There are two types of contract (written and verbal agreement). A contract is made by orally, by conduct and in writing. It also consists of an agreement, consideration and legally binding. There are eight elements of contract law, namely offer, acceptance, consideration, capacity, legal relations, legality and agreement. In this essay, I am going discuss the offer and acceptance...

    Contract, Contract law, Contractual term 1016  Words | 3  Pages

  • Exclusion Clauses

    ISSUE: ADVISE ON WHETHER EXCLUSION CLAUSES FOUND IN STANDARD CONTRACTS AND NOTICES PLACED ON PLACARDS CONSTITUTE A CONDITION OF THE CONTRACT AUTHOR: KATALILO JOY INTRODUCTION This is a paper advising a party that signed a standard contract with a telecommunications gaint without reading it. The paper will also consider whether the circumstance could have been different had the disputed clause been on a placard placed in a conspicuous place within the communications company premises where...

    Arbitration, Breach of contract, Consumer Protection 2247  Words | 7  Pages

  • Grievance and Arbitration: A Conversation with Ms. Velma Thomas

    Grievances and Arbitration Veola Bryant-Wallace Columbia Southern University BHR 4350-11I-2B12-S1, Collective Bargaining November 27, 2012 Professor David Moody Grievance and Arbitration a Conversation with Ms. Velma Thomas My conversation or interview with Ms. Velma Thomas union representative for the Civic Service at NAMTO Norfolk, Virginia consisted of the following questions: In your opinion, what is a grievance? A grievance is a complaint against an employer by an employee on a...

    Arbitral tribunal, Arbitration, Contract 1123  Words | 3  Pages

  • Mandatory Arbitration: Discussion Assignment

    Choose ONE of the options [pic] Part 1 - Choose one part of the assigned textbook question to answer An important concept this week is jurisdiction.  As the text explains, a court must have subject matter jurisdiction to hear a case.  Subject matter jurisdiction is rather straight forward - the court must have jurisdic tion to hear the particular type of dispute (see my video for further explanation of this concept). Now look at Question 2 (p. 71) and pick either b, c, or d to...

    First Amendment to the United States Constitution, Flag desecration, Flag Desecration Amendment 970  Words | 3  Pages

  • Arbitration Agreement

    existence even under the previous Arbitration Act, 1940. The Arbitration and Conciliation Act, 1996 has been enacted to accommodate the harmonisation mandates of UNCITRAL Model. To streamline the Indian legal system the traditional civil law known as Code of Civil Procedure, (CPC) 1908 has also been amended and section 89 has been introduced. Section 89 (1) of CPC provides an option for the settlement of disputes outside the court. It provides that where it appears to the court that there exist elements...

    Alternative dispute resolution, Arbitration, Conciliation 2527  Words | 7  Pages

  • Exclusion Clause

    exclusion clause on the docket handed to Joe (as usual) when he left his items to be dry cleaned. Bruce also points to a sign at the back of the shop which also excludes liability. This question is concerned with the contents of the contract, in particular, the incorporation of terms into a contract. Sometimes terms are included in a contract which one of the parties denies having notice of, especially if these terms are contained in a document that is separate from the main contract. The rules...

    Breach of contract, Contract, Contract law 1744  Words | 6  Pages

  • Court of Arbitration of Sports

    Introduction Established in 1983 and starting its operation in 1984, the Court of Arbitration for Sport (“CAS”) is considered essentially an international “Supreme Court” for sport. Headquartered in Lausanne, Switzerland, the basic function of the court is to resolve legal disputes in the field of sport through arbitration. It does this issuing arbitral awards; these have the same enforceability as judgments of an ordinary court. Throughout the years, certain instances have questioned CAS’s jurisdiction...

    Arbitration, European Court of Justice, International Olympic Committee 2004  Words | 6  Pages

  • The Grievance and Arbitration Process

    The Grievance and Arbitration Process There has always been a need for conflict resolution on the job. The grievance and arbitration process is one way for employees to be heard when conflict on the job arises. The grievance and arbitration process is also a way for employees to obtain some type of satisfaction at the end of the grievance process. Having representation by the union often guarantees an employee a fair, just, and timely grievance process. However, not all employees feel that way when...

    Alternative dispute resolution, Arbitration, Collective bargaining 1872  Words | 6  Pages

  • Types of Arbitration

    IV. Arbitration Types of arbitration: 1.        "ad-hoc" (occasional) arbitration 2.        institutional arbitration; 3.        internal and international arbitration; 4.        civil and commercial arbitration; 5.        arbitration "in law"; 6.        arbitration"in equity". 1.        Ad - hoc (or occasional) arbitration Ad-hoc arbitration is a non-institutional arbitration that the parties organize...

    Arbitral tribunal, Arbitration, Arbitration award 716  Words | 3  Pages

  • Business Law: Man U Break Clause Rooney

    Wayne Rooney signs new contract worth £30 million'. Discuss the essentials of such a contract with particular reference to the function and efficacy of the 'break clause' and 'confidentiality agreement' it contains. 1,500 words. Guidance: You do not have to discuss Wayne's actual contract; you do have to discuss the essentials of a contract. You must discuss express terms. What is a 'break clause'? What is a 'confidentially agreement'? What is the purpose of such clauses? Do they protect the...

    Contract, Contract law, Contractual term 1165  Words | 3  Pages

  • Arbitration in The U.s. and Russia

    Arbitration in the United States and Russia Arbitration is a process that involves two companies submitting their disputes to a third-party to assist in the resolution and settlement of the issue. (Kubasek & Brown, 2008) Arbitration is a difficult matter to handle and it becomes even more complex when dealing with international laws in the matter. The United States and Russia have drastically different rules that apply to arbitration so determining whose rules need...

    Arbitration, Contract, Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1077  Words | 4  Pages

  • Exclusion Clauses Essays

    Exclusion Clauses Essays Business Law Word Count: 1950 Exclusion Clauses Essay Exemption clauses are an agreement in a contract which helps the party to have limited or to exclude liability. It can be used unfairly which makes it a disadvantage to other partys which is why there are laws in place to limit the use of clauses and to make it fair. Mr. Torres has been using Greased Lightening for five years this time he placed a different order and at the same time the contract arrived late...

    Breach of contract, Common law, Contract 1829  Words | 6  Pages

  • Alternative Dispute Resolution (ADR)clause that can be used by a learning team to resolve disagreements among the learning team members.

    Dispute ResolutionAlternative Dispute Resolution (ADR) is an increasingly popular option that allows people to resolve disputes outside of court in a cooperative manner. ADR can be faster, cheaper and less stressful than going to court. Most important, the use of ADR can provide greater satisfaction with the way disputes are resolved. The writer will discuss how ADR clause can be use in the learning team. The learning team is an effective tool used at the University of Phoenix to help students achieve...

    Alternative dispute resolution, Arbitration, Conflict resolution research 746  Words | 3  Pages

  • Aspects of Contract Law Hnd

    Introduction: In this assignment I am providing the legal advice and guidance to enable the members of a group to decide on whether to seek the professional advice. I’m also going to discuss the pros and cons of the situation and identifying the relevant legal issues and going to discuss the relevant law to support the possible judgement on the following case. A member of a group had booked a holiday to the Sharmal Sheikh. The holiday company is still taking bookings, but due to the current troubles...

    Breach of contract, Consumer Protection, Contract 2193  Words | 6  Pages

  • Elements of a Contract

    Abstract Blum (2011) provide a relatively simple explanation of the complexities of a contract by describing it as an exchange relationship that is established orally or in written form that is made between two or more individuals, contains at least one promise, and is recognized as a legally binding agreement (Blum, 2011). The focus of this written assignment examines the elements that must exist for a contract agreement to be considered enforceable by law. The assignment will examine the following...

    Common law, Contract, Contract law 1554  Words | 5  Pages

  • Contract Creation And Enforcement

     Contract Creating and Enforcement Susanne Colligon BSA 535 Legal Aspects Professor Bruce McKechnie, Esq. September 8, 2014 This paper examines the key elements, characteristics and components for contracts to be valid and enforceable. It will define the concepts of voidable contracts and what missing features render it voidable. The difference between express and implied contracts will be defined and its application to the business world. The paper will discuss the implications...

    Breach of contract, Contract, Contract law 1862  Words | 7  Pages

  • Defenses to a Breach of Contract

    What are the defenses to a breach of contract? If someone is accused of breach of contract, there are a number of defenses available to argue that a contract should not be enforced. If any of the basic contract elements are missing, or if the contract was made with someone of diminished capacity or for illegal purposes, a contract can be unenforceable. Some other examples of potential defenses to enforcement of a contract are mutual or unilateral mistake, duress or undue influence, unconscionability...

    Affirmative defense, Breach of contract, Contract 1725  Words | 5  Pages

  • Law of Contract - Exclusion Clauses

    An exclusion clause is a term in a contract purporting to exclude or restrict the liability of one or more parties to the contract for breach of obligation . Exclusion clauses are controlled by common law and statute. The Unfair Contract Terms Act 1977 (UCTA 1977) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999) confine the extent to which an individual can exclude or limit his business liability towards consumers. The Office of Fair Trading runs an unfair terms unit which...

    Contract, Contractual term, English contract law 1003  Words | 3  Pages

  • Arbitration Agreement

    issues concerning arbitration agreement under the Arbitration and Conciliation Act (ACA). It identifies the categories, forms, parties and highlights of the arbitration agreement. It also examines the enforcement of an arbitration agreement. This paper reveals that arbitration is a major attraction as being the most flexible way of settling dispute. Thus, it was suggested that arbitration agreement is a vital component of an arbitration proceedings. 1.0 INTRODUCTION Arbitration has continued to...

    Arbitral tribunal, Arbitration, Arbitration award 2625  Words | 8  Pages

  • China Oem contract

    companies seeking to buy product from China. A few minutes ago, I received a cc’ed email from Steve to one of our clients, explaining what he has done so far on the client’s OEM Agreement and seeking a bit more information so as to be able to finalize it.   I immediately felt the email would make a great blog post for those wondering what sort of things should go into a contract with a Chinese manufacturer so I thought I would simply remove all client identifiers and post the email. Please find attached...

    China, Chinese character, Chinese language 3005  Words | 7  Pages

  • Discuss the issues of contract law that arise

    Question 1: Discuss the issues of contract law that arise. 1. The main legal issue in the case is whether the contract has been formed and Daphne is subjected to contract and obligated to pay £200 to Sonya for the TV. The law of contract regarding offer acceptance states that in order to form a contract, the acceptance must be unconditional (Black 2011) . Counter-offer is a response to an offer which, while not expressly rejecting the offer, seeks to qualify it by deleting some of the terms. The...

    Breach of contract, Contract, Contract law 1398  Words | 4  Pages

  • ADR Clause for Learning Team Charter Paper

     ADR Clause for Learning Team Charter Paper ETH/321 The alternative dispute resolution has many different stages that are available. Some of the most common forms of alternative dispute resolution are mediation, arbitration, expert evaluation, or some hybrid of the three methods. Some federal courts will not allow certain civil lawsuits to go to trial without some sort of mediation or arbitration. There is the informal form of an alternative dispute resolution which means the parties...

    Alternative dispute resolution, Arbitration, Conciliation 1033  Words | 4  Pages

  • The approach the Zimbabwean courts take towards the question of damages in breach of contract cases.

    INTRODUCTION A contract (according to Gibson 1997) is a lawful agreement made between two or more persons within the limits of their contractual capacity, with the serious intention of creating a legal obligation, communicating such intention, without vagueness, each to the other and being of the same mind as to the subject matter, to perform positive or negative acts which are possible of performance. Contracting parties through agreement, breach and operation of law can terminate contractual...

    Breach of contract, Causation in English law, Contract 1757  Words | 6  Pages

  • Exclusion Clause

    exempt himself from the liability by the exclusion clause written on the receipt and the sign. The effectiveness of the exclusion clauses depends on several factors. Firstly, whether the exclusion clause belongs to a term of contract will be determined. Secondly, reasonable steps leading to the notice of exclusion clause to J will be decided. Thirdly, the words of exclusion clause will be carefully analyzed. Finally, the result as to the exclusion clause will be carefully suggested as well as other possible...

    Breach of contract, Common law, Consumer Protection 2391  Words | 7  Pages

  • International Commercial Arbitration

    International Commercial Arbitration Student Name: ANASTASIA HATZIS Student Number: 16476928 PART I: Question 1 (30 marks) “An international arbitration procedure is governed by the terms of the agreement between the Parties, by the Rules under which they have chosen to conduct their arbitration, and by the legislation of the jurisdiction in which they have chosen to arbitrate.” Discuss how these three elements...

    Arbitral tribunal, Arbitration, Arbitration award 5907  Words | 19  Pages

  • Freedom of contract in English Contract law

    Administrative Law Essay Topic: Freedom of contract in English Contract law Written by 10 Ю-3 group student Buzhak A.S. Under supervision of Popova T. P. PhD, docent Nizhniy Novgorod, 2013 Contract law is designed to protect not only the contractor, but also the consumer.   Freedom to contract is the freedom of individuals and corporations to form contracts without government restrictions.   Without the freedom to contract, the government can regulate and bring restrictions...

    Common law, Consumer Protection, Contract 1517  Words | 5  Pages

  • Arbitration

    Group 2 Arbitration Professor Odenwald15 July 2014 Arbitration Disputes pertaining to business activities are unavoidable and a popular method of mediating those disputes is arbitration. What the United States Supreme Court once shunned has become a popular vehicle for resolving disputes that pertain to a plethora of matters, from contract disputes involving labor relations to international disputes between multinational corporations. Arbitration, in its most basic form, is a form of mediation...

    Arbitration, Arbitration award, Contract 4286  Words | 7  Pages

  • Exclusion Clause

    Exclusion Clauses Introduction Over the past few decades, with the development of contract law, more and more people has paid attention to the exclusion clauses contained in a document which is signed by the parties. Many contracting parties use this technique to avoid liability for breach of contract. In this essay, exclusion clauses can be defined as a clause included in a contract to either limit or exclude liability of a party in breach of the agreement. (also termed exemption clauses or exemption...

    Breach of contract, Common law, Contract 1453  Words | 4  Pages

  • Contract Law

    In Business, contracts can be considered as the heart of dealings and have to be taken with utter most consideration of the acceptance, however in order to understand in depth a binding agreement, we must first discuss, what determines a contract or binding agreement. These can be defined as “an agreement which the law will enforce” as well as a “promise or set of promises which the court will enforce”. To facilitate a binding agreement, an acceptance must occur and must be absolutely unconditional...

    Common law, Contract, Contractual term 1349  Words | 4  Pages

  • Alternative Dispute Resolution. Letter

    of my contracts that requires any dispute to first be mediated and if that does not work, to be arbitrated by an arbitrator who is a member of the American Arbitration Association. I am nervous as to whether the New York state courts will enforce these sorts of provisions, especially if they are part of my form contract. Do me a favor: Do some research from federal and state case law in New York and let me know what New York courts’ attitudes have been to arbitration and mediation clauses, and in...

    Alternative dispute resolution, Arbitration, Contract 763  Words | 3  Pages

  • Freedom of Contract

    “Freedom of contract is the bedrock of English private law” Freedom of contract is defined as the: “Right of an adult to make a legally binding mutual agreement with one or more other persons, without governmental interference as to what type of obligations he or she can take upon himself or herself.”[1] English law has for a while now been known as believing in freedom of contract. This means that the state has not, normally, enforced legislation which has got in the way when it comes to the...

    Common law, Consumer Protection, Contract 2175  Words | 7  Pages

  • Be Careful what you sign

    Be Careful What You Sign There are many cases decided by courts across the country addressing the enforceability of evergreen clauses pertaining to different business transactions. In most cases, particularly in the context of commercial business-to-business contracts, courts strictly construe these provisions where the contract language is clear and unambiguous. If the contract language is not followed and notice is not given within the required time to terminate, the contract extends for...

    Affirmative defense, Breach of contract, Common law 1036  Words | 3  Pages

  • Contract and Chou

    Mark Pugatch, BS, MBA, JD Case Scenario: Big Time Toymaker The case scenario under review by our team includes a contract law situation involving a board game company and a game inventor. Big Time Toymaker (BTT) is a board game company which develops, manufactures, and distributes board games, and Chou is the name of the inventor of a new strategy game. In this scenario, what began with a payment made from BTT to Chou for exclusive negotiating rights for 90 days, ended in a change in management...

    Breach of contract, Contract, Contract law 1468  Words | 4  Pages

  • Contract Law

    Contract A contract is a promise between two or more persons involving the exchange of some good or service. Some of the basic elements of a contract include: an offer and an acceptance; "capacity," or being of legal age and sound competence; "mutual assent," or agreement on the terms of a contract; and "consideration," or compensation for goods or services rendered. The element that distinguishes a contract from an informal agreements is that it is legally binding:the law provides...

    Arbitration, Civil law, Codification 935  Words | 3  Pages

  • Termination of a Contract - Law

    Part A A contract may be discharged or brought to an end at any time after formation and there are several ways in which this can happen. One party may avoid a contract – for example, for unconscionable conduct by the other; one party may terminate the contract before performance is complete – for example, for breach; or the contract may be performed to the satisfaction of the parties. The contract of sale that takes place at a supermarket checkout is for all purposes completed at the time...

    Anticipatory repudiation, Breach of contract, Contract 942  Words | 4  Pages

  • OTC derivatives contracts reporting regime under the SFA

    Judge was whether the court, in dealing with an application to set aside an arbitral award founded on a contract which had been held by an arbitral tribunal to be valid and enforceable, could reopen the arbitral tribunal's findings of fact and/or law and decide for itself whether the contract in question was illegal. In this regard, the Judge held, after examining a number of decisions from England, Australia and Singapore as well as a textbook commentary on the IAA, that the court could do so in an...

    Arbitration, Arbitration award, Common law 2190  Words | 6  Pages

  • Warren and Rehnquist and the Effects of Major Court Cases on the Law Enforcement of Today

    Rehnquist and the Effects of Major Court Cases on the Law Enforcement of Today Have you thought about how much the Supreme Court decisions really affect your life and what we do on a daily basis or how important these decisions are to our civil liberties? Earl Warren and William Rehnquist are two of the most well knows Supreme Court Chief Justices. Each having different opinions on the importance’s of civil liberties and public order maintenance. Many of the court cases that each Chief Justice...

    Chief Justice of the United States, Earl Warren, Fourteenth Amendment to the United States Constitution 1124  Words | 3  Pages

  • Elements of a Contract

    adequate”- discuss. In Contracts, What is "Consideration"? In order for any contract to be enforceable, courts generally require three things:  mutual assent (agreement to the contract terms), a valid offer and acceptance, and consideration.  Consideration in law is one of the three main building blocks of a contract. It can be anything of value, which each party to a legally binding contract must agree to exchange if the contract is to be valid. If only one party offers consideration in contract, the...

    Common law, Consideration, Contract 2040  Words | 5  Pages

  • Arbitration Is More Suited to Resolving Commercial Disputes Than the Courts?”

    Arbitration is more suited to resolving commercial disputes than the courts?” Arbitration is a method of settlement where a third party is brought in to analyse a dispute and impose a decision that is legally binding for both groups involved. Both sides put forth their problem and the arbitrator reviews all the circumstances and makes a decision based on all relevant information. It has been traced back and related to Brehon Law and stands...

    Arbitral tribunal, Arbitration, Commercial law 1106  Words | 4  Pages

  • Contract

    requirements to form a valid contract other than offer and acceptance, that are, intention to create legal relation and consideration. What is consideration? It can be describe as being something which represent either some benefit to the person making a promise or some detriment to the person to whom the promise is made. The term consideration is given to the subject that is exchanged in a contract.1 It is a fundamental prerequisite in English contract law. 2 The courts has explained the consideration...

    Consideration, Contract, Contract law 2831  Words | 11  Pages

  • Recognizing Contract Risk and Opportunities Memo

    Recognizing Contract Risk and Opportunities Memo Tim Crouch LAW/531 May 30, 2011 Lisa Sweeney Christensen Abstract The purpose of this memo is to address legal issues and legal principles found in the Recognizing Contract Risk and Opportunities simulation. Within this simulation, two companies – Span Systems and Citizen-Schwarz (C-S) AG – are engaged in a contract where Span will create banking software for C-S. However, the contract is not clear on all issues and the resulting ambiguities...

    Arbitration, Breach of contract, Contract 1228  Words | 4  Pages

  • Void Contract

    Discuss the grounds of void contract under Nepalese Contract Act by illustrating the cases. Any contract which is not enforceable by law is said to be void. A void contract is one which has no legal effect whatsoever owing to the fact that a transaction which is void. Even if they satisfy some of the conditions of a valid contract, they are not enforceable. In the eye of law such contract is no contract at all. There are some contracts which have been declared as void by section 13 of Nepalese Contract...

    Contract, Contract law, Law 1986  Words | 5  Pages

  • Aspects of Contract and Negligence in Business

    Keynes Unit 5 :- Aspects of Contract and Negligence for business Be able to apply the elements of a contract in business situations John Messenger Transitionscoachingservices.co.uk Amandeep Singh Date:-30/11/12 Table of content :- * Apply the elements of contract in given business scenario . * Application of relevant principles and case law to business scenario. * Apply the law on terms in different contracts . * Contents of standard...

    Common law, Contract, Contractual term 2563  Words | 7  Pages

  • The Lakeside Packers case demonstrates that the province of Alberta requires the Labour Code to be amended to allow for First Contract Arbitration in the Collective Bargaining Process.

    for First Contract Arbitration in the Collective Bargaining Process. Introduction After watching the video entitled “24 days in Brooks”, it is apparent that if a First Contract Arbitration had been in place; this emotionally charged situation may have been avoided. This paper is to examine the merits of having a First Contract Arbitration to be put in place within the Alberta Labour Code. Also, I will discuss the background of the Lakeside Packers dispute, my perspective on what employee,...

    Collective bargaining, Employment, Labour relations 2158  Words | 6  Pages

  • Arbitration in Aus and Png

    Arvind Arbitration Arbitration has been defined by the Queensland Law society as a “form of dispute resolution falling outside the courts, so as to obtain a legally binding decision. Parties choose an independent expert namely, an arbitrator to perform the role of a judge, who is usually legally trained.” Arbitration has numerous advantages: a) Binding decisions coupled with formality and the option for privacy Some parties feel uncomfortable attending a hearing whereby the public and...

    Alternative dispute resolution, Arbitration, Conflict resolution research 1246  Words | 4  Pages

  • Contract Essay

    Pat asked Dan, "Tell me what a fair commission isI want to finalize our deal." Dan cashed the checks each month, but failed to respond to Pat's notes. Eleven months after moving into the home, Pat received the half-million dollar installment check. Pat immediately went to Dan with a check for $275,000 and asked Dan to convey the property to her according to their agreement. Dan refused to accept the check and ordered Pat to move out. If Pat brings an action against Dan, what are the legal issues...

    Breach of contract, Contract, Contract law 1017  Words | 3  Pages

  • Contract For Sale Of Goods

    Sample International Contract for Sale of Goods, pursuant to the United Nations Convention on Contracts for the International Sale of Goods TERAMATE, Ltd. with its principal office West Road Drive27, Hopson Chart, Briston, AN4 4FL, UK represented by Matt Wattson, on the basis of Power of Attorney from 23 June 2008 (hereinafter referred to as the „Seller“ on the first side) and AGFH, a. s. ID: 783 33 998 having its principal office at: Palachova 152, Prague 2, Zip Code: 120 00 registered...

    Arbitration, Consumer Protection, Contract 1637  Words | 5  Pages

  • Different Types of Mistakes in Contract Law

    “A common mistake, even on a most fundamental matter, does not make a contract void at law; but it makes it voidable in equity.” To what extent does this statement represent the law after Great Peace Shipping Ltd. V Tsavliris, The Great Peace (2002)? A mistake is an erroneous belief held by one or more contracting parties at the time of entering the contract, as to whether certain details pertaining to the contract were true. Mistakes can be classified in three categories; common, mutual, or...

    Common law, Contract, Contractual term 1271  Words | 3  Pages

  • Court Issues

    Court Issues JoyAnn Czudek CJA/394 June 24, 2013 Kevin Dzioba Court Issues The criminal justice system has changed tremendously over the decades and so has society. It is important that the court system make changes to keep up with the times. There are parts of the court system that need to be identified to have these changes occur. One of these areas is the way courts are managed including their problems and resolutions. A new trend that has emerged is victims’ rights. Victims can now...

    Court, Criminal justice, Judge 1359  Words | 4  Pages

  • Elements of a contract

    1 Elements of a Contract Moses Parker BUS 670: Legal Environment Porf. Stacey Callaway October 6, 2014, 2014 ELEMENTS OF A 2 Elements of a Contract Indeed, contracts plays a very significant role in all aspects of society; according to Nysten & Lehto, (2012), “Business people often understand contracts as legal documents, designed by lawyers in...

    Common law, Contract, Contract law 1502  Words | 8  Pages

  • Law - Arbitration

    Registration number: 12071 Email: s12004540@glyndwr.ac.uk Contents 1. Introduction to Legal System and Disputes 3 2. Alternative Dispute Resolution (ADR) 4 3. Issues with ADR (Advantage and Disadvantage) 4 4. Types of ADR 5 4.1 Arbitration: 5 4.2Mediation 6 4.3Conciliation 6 4.4Negotiation 6 5. Discussion 7 6. Recommendation/Conclusion 8 7. Reference…………………………………………………………………………………………………………………………………………….9 1. Introduction to Legal System and Disputes Many countries...

    Alternative dispute resolution, Common law, Dispute resolution 2124  Words | 6  Pages

  • Illegal Contracts

    Illegal Contractual Terms and Restraints of Trade in Contracts When dealing with contract law, many problems can arise. There can be illegal terms in the contract or it can just be void. There are restraints on trade which include limiting employees from competing against their employers post employment and so on. Throughout this essay, these restrictions will be analyzed. The difference between illegalities, voids and restraints will be presented, along with cases to provide examples. ...

    Anti-competitive behaviour, Contract, Contract law 2458  Words | 7  Pages

  • Contract Law

    “The parties to an executory contract are often faced, in the course of carrying it out, with a turn of events which they did not at all anticipate – a wholly abnormal rise or fall in prices, a sudden depreciation of currency, an unexpected obstacle to the execution, or the like. Yet this does not in itself affect the bargain which they have made…” (per Lord Simon in British Movietonews Ltd. v. London and District Cinemas [1952] A.C. 166 at 185). Discuss this dictum and explain the respects in...

    Consumer Protection, Contract, Contract law 2451  Words | 7  Pages

  • Arbitration

    A Practical Guide to the Concept and Practice of Arbitration Law (Including the Principles of Other Alternative Dispute Resolution Methods) Rajkumar S. Adukia B.Com (Hons.), LL.B, AICWA, FCA rajkumarfca@gmail.com / radukia@vsnl.com http://www.carajkumarradukia.com 093230 61049 / 093221 39642 PREFACE Alternative Dispute Resolution is believed to be superior to litigation. First, ADR is comparatively faster and less expensive. Second, it is based on a more direct participation...

    Alternative dispute resolution, Arbitration, Arbitration award 28393  Words | 94  Pages

  • Collateral Contract

    COLATERAL CONTRACT Collateral contract is a concept which has gradually evolved since its inception. However, collateral contract has been applied in a limited fashion in Australia, compared to other jurisdictions. In this essay, I will argue that collateral contract has outlived it usefulness and currency in legal practice in Australia. To remain current, the broadening of its application is essential. To support my argument, I will discuss: • The concept of collateral contract; • When...

    Common law, Consideration, Contract 2380  Words | 7  Pages

  • Contract Law

    of offer, acceptance, and consideration will not guarantee a legally enforceable contract”. Discuss. A contract is an agreement which normally consists of an 'offer' and an 'acceptance' and involves the 'meeting of the minds' or consensus between two or more parties with the intention to create a legally enforceable binding contract. Therefore in this essay, the four core elements needed for the formation of a contract such as offer, acceptance, and consideration and intention to create legal relations...

    Common law, Contract, Contract law 2561  Words | 7  Pages

tracking img