Capacity to be bound to the contract

Capacity to be bound to the contract Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . Capacity to be bound to the contract In the aspect of law, a contract is a legally binding agreement between two or more parties which contain elements of a valid legal agreement which is enforceable by law. An agreement is said to be reached when an offer offered by the offeree has been accept by the acceptor as an acceptance. These parties must have the capacity to be bound to the contract and the contract must not be insignificant, vague, unfeasible, or against the law. In daily life, most contracts can be and are made orally, such as purchasing a can drink or stationeries. Any oral agreement between two parties can form a legal binding contract as long as the good or service provided is legal. However, some contracts require material evidence, written documents for example purchasing a house as sometimes written contracts are required by either the parties, or by statutory law within various jurisdictions. When disputes arise among parties of the contract, the courts will have t o decide the judgment based on wheatear to place emphasis on intention of parties to the contract or other policy of considerations. 2.0 Intention to Create Legal Relations 2.1 Definition The Law recognizes that often the parties do not intend to create a legally binding contract. The law therefore says that there must be an intention to create legal relations and make a distinction between social and domestic agreement (where the assumption is that there is no intention to create legal relations) and commercial and business agreements (where the law assumes that the parties intend the agreement to be legally binding). 2.2 Social and Domestic Agreements 2.2.1 Agreements treated as not legally binding The cases suggest that agreements within families will generally be treated as not legally binding. For example, in Jones V Padavattan (1969), Mrs. Jones offered a monthly allowance to her daughter if she would give up her job in the USA and come to England and study to become a barrist er. Because of accommodation problems, Mrs. Jones bought a house in London, where the daughter lived and received rents from other tenants. They later quarreled and the mother sought repossession of the house. The courts decided that there was no intention to create legal relations and that all the arrangements were just part of ordinary family life. Therefore, the mother was not liable on the maintenance agreement and could also claim the house. In Balfour V Balfour (1919), the issue was the promise made by a husband to pay his wife allowance while he was abroad. He failed to keep up the payments when the marriage broke down. The wife sued but it was held that arrangements between husband and wives are not contracts because the parties do not intend them to be legally binding. The court also decided that she had given no consideration for the husband’s promise. 2.2.2 Agreements treated as legally binding In the case of Merritt V Merritt (1970), the husband had already left h is wife and they met to make arrangements for the future. The husband agreed to pay 40 pounds per month maintenance, out of which the wife would pay the mortgage. When the mortgage was paid off he would transfer the house from joint names to the wife’s name. He wrote this down and signed the paper, but later refused to transfer the house. The court was held that when the agreement was made, the husband and wife were no longer living together; therefore they must have intended the agreement to be binging and their intention to base their future actions on the agreement was evidenced by the writing. The husband had to transfer the house to the wife.

No Silver Bullet Essay Example | Topics and Well Written Essays - 500 words

No Silver Bullet - Essay Example nform, not because it is new in the market, or perceived by many to be the most conformable, but because conformation is based on other systems and interfaces, which cannot be, in any circumstances be simplified through redesign. Additionally, when software conforms to complexities and needs, there would be no cause of alarm with regards to changeability, complexity, and invisibility. Despite the fact that the functionality and availability of software components have rapidly increased the need for writing new code has not significantly reduced. As noted by Brooks (1995, p.12), acquiring and using off-the-shelf, open-source or commercial software components may be an easier and a cheaper way of software development, but, an issue of applicability arises. Software components are more generalized and as such may not be ideal in situations where the development of customized software is intended. Therefore, instead of relying on software components, developers are opting to write new code, since they believe that it would guarantee applicability of the software being developed. The need for writing new code has not reduced significantly because of the need to ensure that the software developed confirms with the complexities and needs of systems and institutions that the software will interact with. Software components, being more generalized may not guarantee confor mity, especially with regards to interfaces and functionality. Additionally, changeability is an essential property that defines the quality and value of software. Developing software that can easily be altered to suit functionality needs when needed and when appropriate has today become very important. Some software components may not allow for changeability and, as such, developers opt to write new code rather relying on components since they can easily manipulate and alter the code they have written quickly and easily. In additional to changeability, software components are becoming less popular

AIDS Essay Example | Topics and Well Written Essays - 1500 words

AIDS - Essay Example Official Statistics of global HIV infections in the 1980s provided by the World Health Organization (WHO) for example were put at between 5 million to 10 million (â€Å"James Chin†), a figure which sent shockwaves globally as there was increasing talk about the ability of infections to reach epic proportions if prompt and serious interventions are not made to address the supposed looming global epidemic. Evidently, such a looming global health disaster required scientific research and study into its causes and popular modes of transmission and reports published by international bodies like WHO and UNAIDS have become an almost unquestionable truth. This essay will attempt a presentation of five popularly held conceptions (or misconceptions) about HIV AIDS that have been perpetuated by international organizations like UNAIDS and WHO and which have been accepted as the unquestionable consensus. According to James Chin one major misconception about HIV AIDS is the assertion that: â€Å"Virtually everyone is at almost equal risk of infection with HIV†. This fuelled the perception that â€Å"in the absence of aggressive prevention programs directed to the general population, especially the youth, it is only a matter of time before epidemic heterosexual HIV transmission will break out in populations where HIV prevalence is low† (â€Å"James Chin†, 165). This conception has proved to be false. Barry Schoub has for instance said concerning the HIV virus that â€Å"in terms of its ability to transfer itself from one host to another, it ranks as one of the least efficient of viruses.† (91) This is because unlike an airborne virus like the influenza virus, the HIV virus cannot adapt to environments â€Å"outside of the warm nurturing intra-cellular location in the human body† (â€Å"Barry Schoub†, 91). Thus: â€Å"The venereal route is ideally suited† for its transmission (â€Å"Barry Schoub†, 91). Notably, HIV transmission is to a large extent effected through sexual