Free Essay About Answering Questions About Land Law Contract
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Answering Questions about Land Law Contracts
Law is nothing, but a civilized way and method of resolving issues and disagreements between the people of a specific location. The laws of different countries are divergent in many aspects, and the cultural realities of surrounding societies shave a great level of impact on the legal practice as well so there are dissimilarities in the law of different lands. However, there are striking level of sameness as well. Thee contractual law operates on the basis of established norms and practices. The seller makes an invitation to offer so that the potential buyer can proceed with the communication of actual one. The timely and written conveyance of the offer and the acceptance is necessary in order to form a legal document of contractual capability in the modern world of the 21st century.
The breach of contract also operates along with the normal conventions, and the party that is adamant to terminate the agreement must convey that to the other one in written, and if the communicational package does not arrive the receiver then, the contract will stand with all its legal integrity. Once, the receiver receives the communication, and accepts the will of his or her former partner then, the relevant contract dies away. At the same time, the receiving party has the right to engage in mitigation process so that the contract can be saved, and if all the efforts in this regard remain ineffective in terms of achieving their goal then, the law will eventually terminate the agreement.
The contracts are of various sorts, and its types include oral and implied ones as well. The oral agreement is a contract that the parties form by word of mouth. However, the contract is having a weaker stature in the court of law because it lacks written proof, and the implied one takes a human gesture as the sign of acceptance or rejection of the agreement. The law suggests that all the material parties must wait for the proper acceptance of the contract rather than jumping to wrong conclusions because it is very easy to assume thoughts that are baseless to say the least. The implied contract means that the party has conveyed positive or negative intention about the contract via demonstrating a specific kind of body language by his or her body language such as nod of the head. Still, the need to confirm the true intention of the person is necessary before proceeding with the practical measures associated with the contractual performance. However, in the cultures where people do not lie as a social practice, the legal system has the privilege to trust the testimony of the person who claims that the other party conveyed an implied signal about their willingness to proceed with the contract.
The general public often presume that law is rather blind because it does not have the ability to take economic and social factors into account while implementing legal regimes. However, the law has developed a form of contract that values economic and social values that oneself faces during his or her lifetime, and the contractual mechanism that operates in the prescribed manner goes by the name of dependent contract, and its practice is dependent on happening and not happening some future event.
Law is of the philosophical viewpoint that humans are not robots, and therefore, they have the tendency to commit errors and mistakes. The remedy and restoration of normal or recovered state is the ultimate goals of justice system. The legal issues are created due to presence of a mistake or mutual mistake. The mistake refers to an error committed by one party. However, All of the parties involved commit the mutual one.
In general, legal issues are created due to the presence of confusion, and confusion is the result of lacking communication. The clear and crystal communicational channels are the bloodline of an relation corporate or professional so one needs to speak clearly and listen with relaxed mind as well. in this way, he or she can clarify issues without going too court. All of the cases discussed in the latter half of this paper shared one attribute that is known as the inability to understand the situation and respond towards it accordingly as well. In major number of cases, the cancelation and acceptance notification of the contract did not reach the receiver in time, and therefore, his legal heir took his place in the contract upon death of the previous one. Other party did not like the replacement partner, and reacted to the objective situation in a subjective manner. In this way, one can infer that law does not value emotions and feelings of the people, but it has to implement its due legal course without exception. Furthermore, the contract law specifies that humans are prone towards making mistakes and errors so they have to take legal matters with utmost slowness that will permit them to evaluate each aspect of the agreement.
The mistakes are created when tenants of the agreement operate with hastiness and therefore, they might overlook something. Fiona in cottage case has decided in the emotional state that she does not want to live with her new commercial partner, and she behaved aggressively towards the new situation because she did not want to live with Henry. The motive of Fiona is perfectly justifiable in the court of law. However, her behavior is not acceptable because she may have hurt Henry at an emotional level, and might also have undermined his legal right to reside in the cottage as well. Henry is clearly in position to sue his partner for ordinary damages as she caused him to go through the feeling of heartbreak and emotional despair as well. The civic values govern the overall behaviors of the social members, and they have to follow legal and ethical guidelines in this regard.
One has to integrate humanistic values in his or her life because developed nations have learned to value humanistic concerns in the society because acute feeling of heartbreak causes both psychological and physical health problems in various cultural settings. The law is repeatedly defined as the civically valid technique to dissolve disagreements and conflicts. The era when warriors fought battle over the alleged kidnapping of the princess has long gone. However, countless people lost their lives during the battle of Troy. The legal system is there to prevent needless loss of life over trivial matter of matrimonial nature, and the modern world has crafted legal systems of different types in order to stop people from taking the law into their own hands. The people have the duty to study and understand the law of the land so that they can abide by it in order to avoid legal ramifications in this regard.
The contractual powers of the agreement activates itself once there is an offer made by one party that the other receives, and agrees upon the terms and conditions of the potential professional relation. However, one can terminate the contract by letting the other party know that he or she is not going to continue with the present contract. One has to communicate his or her unwillingness or disinterest in the contractual continuation of the agreement, and once the other party receives the abovementioned type of communication from his or her business partner then, the contract dissolves.
Some of the legal experts argue that the receiver of contract’s cancelation notice does not activate in terms of its consequences until the person reads the letter. The partner cannot assume that his or her will to terminate the agreement reached the intended partner. However, the receiver has to confirm the receipt of the conveyance, and when both of the involved parties become aware of each other’s intentions, and the receiving party may have the legal right to nominate an arbitrator who can engage in order to mitigate the unconstructive development. If the receiver does not show the determination to use his or her abovementioned right or the process fails to reestablish the contractual linkages then, the agreement stands dissolved.
The basic and fundamental need to break the contract is to dispatch the letter containing the written evidence of sender’s will to terminate the contract. The second most important need in this regard is for the receiver to receive the communication, and if he or she does not take any action in order to rebuild the breaking relation, and in this way, the contract dies, and ceases to exist. In the given case, the communication from Fiona did not reach Garry, and therefore, the termination did not take effect in the light of legal conventions. The Garry was dead when Fiona went to dispatch her intentions to terminate the contract of the partnership. The communication did not reach Garry, and therefore, the contract remained alive despite of the fact that Fiona wanted that to end.
However, Henry has to take the legal place of his predecessor, and now the contractual relations are prevalent between Henry and Fiona. There is still a legal method available for the discontented partner that she can use regarding fulfillment of her intentions as far as featured contract is concerned. All she needs to do is to dispatch the same communication to Henry while he must not force his will on his legal partner, as she is not interested in the continuation of the contract anymore. He might opt to use legal means in order to nullify the influence of his partner’s negative intentions, and he might not move in with her because she is not mentally willing to accept him as her new tenant. Henry is recommended to practice patience in this regard so that Fiona can catch her breath after a catastrophic change in her life.
After some time, Henry may introduce the legal strategy of arbitration in order to keep the contractual obligations ongoing because as legal heir of Garry, he has to continue managing his legal affairs. Henry will not have any option other than the one that includes the possibility of respecting the wishes of his lawful partner who does not wish to continue her corporate affairs with him. The troublesome partner can change her mind in this regard, and may let Henry take place as an accepted residence of the cottage, and if the end of the affair does not correspond with the wishes of involved male then, the joint property has to be sold. The resultant revenue will have to be divided on equal basis between the two partners delineated by the dying contract. Henry can request Fiona to take her part of the property in monetary terms, and as result of that, Henry will become the sole owner of the cottage.
The element of communication will play a vital role regarding the disengagement of the contract between the two featured parties. Fiona has to deal with Henry, and she has to keep her distastefulness in this regard as well so that they can manage a simplistic condition that became complicated due to the untimely death of Garry. However, legal system operates under the assumptions and presumptions of realism so for legal department, truth exists independently, and human intellect does not possess the strength to influence the truth in any aspect. The legal system of the world is formed to follow the well-established routes that have centuries old prevalence in the societies. Additionally, there is an identifiable relation present between Henry and Fiona, and they cannot do anything about the matter. The only way out, they have from the pressing situation is to follow the legal regimes that govern such problems. They can either work it together or let the judiciary system to settle the issue for them. The issue is not that serious in nature that needs severe kind of legal intervention in order to resolve the underlying matters. One of the tenets has the need to let go of his or her viewpoint on the issue that is confronting the material parties.
a) Robert and Lynch have entered the agreement that was partially in written. However, some of its aspects are orally settled, and therefore, both of the parties have to exercise their roles and responsibilities assigned to each of them under the contractual capacity of the agreement. Additionally, Lynch cannot have Roberts fulfill his duty of providing 10,000 for repairs and maintenance of the buildings. Lynch is not legally bound to take care of horses as well, because there is no written part present in the featured contract indicating that Robert has to provide for the repairs, and in exchange, Lynch will take care of the horses. The arrangement is oral in nature, and therefore, it can be taken and treated as loosely defined setting because oral contract is also a valid agreement in the eyes of law. However, they cannot prove its existence in the court of law because there is no written evidence present in order to back up some aspects of the agreement.
Robert and Charlie entered into a written contract, and it was a legally binding document as well. However, Robert promised Charlie that he would spend substantial resources in order to renovate the place so that Charlie can easily move into the gatehouse and reside. The purchaser changed a few settings of the contract, and offered the purchaser, a 10,000 pounds discount if he could repair the property on his own. Charlie made all the arrangements in this regard, but Roberts is having second thoughts about the whole deal now because Spratt presented him with the better one. Roberts have implied his agreement via responding to Charlie “it will work” so we have an offer that was initially accepted then, a modification was made that was agreed upon by both the parties. The lack of written proof is going to create problems for both the sides, and the court of law may request the parties to exercise the written agreement that they signed previously. In this way, Robert has to sponsor the repairs in the light of old contract, and Robert may have to compensate Lynch against the premature purchase of building materials as well.
If Robert is interested in availing the second offer then, he has to bear the fine of breaking the contract, and the court will emplace ordinary damages on him because he has an ethical duty and obligation to compensate Lynch by the covering purchased material’s cost that he bought beforehand.
Robert and Beryl entered into a dependent agreement, and its practice is relying on latterly mentioned party’s ability to arrange the necessary finance to buy the property. The condition of Beryl’s soundness in financial terms is the major building block of the agreement, and therefore, if she cannot come up with the money then, the agreement will stand dissolved because it is mentioned in the body of the contract. Robert cannot sue Beryl if she cannot exercise her part in the contract because of financial constraints. However, they can definitively create a subsequent setting and try that one out.
This paper has been developed in order to highlight the common faulty behaviors that one observes in the society. The people imagine themselves over the law, but no one can beat the legal system if the organizational participants of the police department have faith over their powers to eliminate the evil from the communities. The contractual law governs the issues that have commercial and corporate nature, and therefore, one has to study and gain understanding of relevant legal conventions so that they can behave according to the acceptable norms. The cultural outlook of the communities has the overwhelming tendencies to influence the quality of legal practice. The individuals have to take the matters of legal stature slowly so that they can keep their behaviors in accordance to prevalent legal norms. The quality of life in the particular geographical location is in direct correlation with the effectiveness of justice system, and the legal professionals have to weigh emotional and civic costs of crimes as well so that the higher moral values can be integrated in the lives of the public. The humanistic values when promoted in the societies can cause development at a mental and psychological level because the people will learn to respect others, and they will take legal action rather than invasive one.
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