Good Example Of Essay On Downspout Drainage
Contract law is one of the most important aspects of law within the American community. With so many different types of contracts in our lives on a daily basis, a person must understand how signing or agreeing to these situations will affect our lives. Downspout Drainage is a company that finds itself in a situation in which contract law has placed them in a dangerous position. Now, the organization has to figure out how to solve their current problem within all standards of the law.
Earl was contracted by Downspout Drainage to complete some various work. He was to design a web page and complete some trouble shooting requests and receive $800 for his work ($400 for each task). Unfortunately for Earl, as what often happens in business, Downspout Drainage refuses to pay him once the work is done. He decides to handle the situation in a court of law using the Statue of Frauds. However, he will have a hard time winning his case due to multiple issues.
First, his contract with Downspout Drainage is completely oral. This means that he and the company representative agreed to everything in spoken word only. While this is an acceptable method of developing plans for some areas, it is a very difficult area to traverse when involving business. Now, Earl has finished the work, but he does not have any proof to show that Downspout Drainage ordered the work or even agreed to pay him the rate that he mentioned. It is basically his word against the company’s. This is why he is in such a tough position to win this case.
In court, Earl will have to prove that Downspout Drainage entered into this agreement. This is his first hurdle as he only has the company’s word. What would help him is if he had a reliable witness to the formation of the verbal contract. That person could help him prove his case against the organization. This could help with a face to face conversation or even having that person listen to the phone conversation, but the representative from Downspout Drainage must be aware that the witness is listening to the conversation. That witness will serve as a third arbitrator that will speak to the case once it is brought in court.
In court, Earl will have to present a strong case in order to win the payment he was promised. In some sense, what he wins is truly up to the judge. He or she can decide to award him all or a partial part of the agreement if he can prove that Downspout Drainage made the mistake. However, he can also lose out and not be awarded any of the funds.
Understanding contract law is an important part to the business world. People and companies who operate at any level must be able to know what types of contracts are needed and what rights they have in those moments. Earl made a mistake in finishing the work without the correct legal documentation and now he is in a precarious position.
Please remember that this paper is open-access and other students can use it too.
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