The Decision Of Advantage Windows, Inc. V. Oscar Zacarias
Has anyone ever broken a promise to you?
Someone has broken a promise to me before, it was my friend who I lend a money and we both signed an agreement with the date of returned and on the document was that names of the guarantor and witnesses. After the due date, he did not fulfill the promise made on the agreement, he started pleading.
Were those promises legally enforceable promises?
The promise was legal enforceable simply because we have already made and signed an agreement, which was prepared by my lawyer. After we gave him some times to pay fulfill the promise, still he didn’t and he was summon to appear before the court.
Why?
After fails to fulfill his promise earlier made on the agreement. Then the next thing to do was …show more content…
v. Oscar Zacarias, No. E2014-00122-COA-R3-CV, 2014 WL 4403106 (Tenn. Ct. App. 2014) discussed the validity of a signed contract when the individual who signed the contract does not understand English. In the Zacarias case, an agreement was signed between a homeowner and the plaintiff construction company to perform certain work on the residence. The homeowner never paid for the work. Therefore, the construction company sued the homeowner for breach of contract. The homeowner filed a counter-claim asserting he only had a limited understanding of English and that the alleged contract was actually explained to him as an “estimate”. The Trial Court found that because the preponderance of “evidence established that Mr. Zacarias did not know or understand the English language, [t]here was no meeting of the minds and no way for Mr. Zacarias to form a binding contract with Advantage Windows.” Advantage Windows at 2. This case was appealed to the Tennessee Court of …show more content…
Of course, contract language includes many terms of art, and simply reading a contract alone may not be enough to fully understand its implications. Contracts for important matters should be reviewed and explained by attorneys, so that parties who enter into contracts do not do so without understanding the agreement.
· Should there be more government regulation and standardization of contract terms be-tween private parties?
A regulation is a legal norm intended to shape conduct that is a byproduct of imperfection.
[1] A regulation may be used to prescribe or proscribe conduct ("command-and-control" regulation), to calibrate incentives ("incentive" regulation), or to change preferences ("preferences shaping" regulation").
[2] In statist mechanisms it can also be extended to monitoring and enforcement of rules as established by primary and/or delegated legislation. In this form, it is generally a written instrument containing rules having the force of statist law (as opposed to natural law). Other forms of regulation are self regulation. In general, regulations are written by executive agencies as a way to enforce laws passed by the legislature. Because of the actual or potential interference in choices, the idea of regulation and most issues related to regulation tend to be in
Someone has broken a promise to me before, it was my friend who I lend a money and we both signed an agreement with the date of returned and on the document was that names of the guarantor and witnesses. After the due date, he did not fulfill the promise made on the agreement, he started pleading.
Were those promises legally enforceable promises?
The promise was legal enforceable simply because we have already made and signed an agreement, which was prepared by my lawyer. After we gave him some times to pay fulfill the promise, still he didn’t and he was summon to appear before the court.
Why?
After fails to fulfill his promise earlier made on the agreement. Then the next thing to do was …show more content…
v. Oscar Zacarias, No. E2014-00122-COA-R3-CV, 2014 WL 4403106 (Tenn. Ct. App. 2014) discussed the validity of a signed contract when the individual who signed the contract does not understand English. In the Zacarias case, an agreement was signed between a homeowner and the plaintiff construction company to perform certain work on the residence. The homeowner never paid for the work. Therefore, the construction company sued the homeowner for breach of contract. The homeowner filed a counter-claim asserting he only had a limited understanding of English and that the alleged contract was actually explained to him as an “estimate”. The Trial Court found that because the preponderance of “evidence established that Mr. Zacarias did not know or understand the English language, [t]here was no meeting of the minds and no way for Mr. Zacarias to form a binding contract with Advantage Windows.” Advantage Windows at 2. This case was appealed to the Tennessee Court of …show more content…
Of course, contract language includes many terms of art, and simply reading a contract alone may not be enough to fully understand its implications. Contracts for important matters should be reviewed and explained by attorneys, so that parties who enter into contracts do not do so without understanding the agreement.
· Should there be more government regulation and standardization of contract terms be-tween private parties?
A regulation is a legal norm intended to shape conduct that is a byproduct of imperfection.
[1] A regulation may be used to prescribe or proscribe conduct ("command-and-control" regulation), to calibrate incentives ("incentive" regulation), or to change preferences ("preferences shaping" regulation").
[2] In statist mechanisms it can also be extended to monitoring and enforcement of rules as established by primary and/or delegated legislation. In this form, it is generally a written instrument containing rules having the force of statist law (as opposed to natural law). Other forms of regulation are self regulation. In general, regulations are written by executive agencies as a way to enforce laws passed by the legislature. Because of the actual or potential interference in choices, the idea of regulation and most issues related to regulation tend to be in