LAW ADVICE TO SWEETTORQUE COMPANY LTD - Essay Example

ADVICE TO SWEETTORQUE COMPANY LTD In order to advise the company, it is imperative that one knows the most important aspects of classical tradition law and how the points given relate to the contract between the two companies. This legal discourse explains how the Sweet Torque Company can reverse the terms of the contract and give it to a cheaper company. According to the contractual law, no one in an agreement should cause the other any loss due to the contract given. The moment a company enters into a sealed contract with another company, it means that the terms of the agreement are legal, and any alterations can only be made through a court of law. This was only applicable in documents with the seal, but as the seal continued being ignored, it became documented that a contract could be sealed by a signature in later years. In the classical contract theory, consideration was seen as an aspect or as the means of ascertaining different contracts evolved from wax seals to impressions on paper. The seal was seen as a symbol that the parties in the contract did not enter into that contract without their own legal consent as opposed to the donative promises that are at times entered without enough legal deliberation. In view of the above mentioned scenario, we start with the definition of the term contract. It is an agreement between dual and multiple parties to do something in the future. It should be nod that a contract is open to legal enforcement. Traditional contract requires the availability of the offer, its acceptance, and consideration by all the parties. The first step in a contract is the mutual assent which takes place through an offer and both parties agree to it. The parties go through the terms of the contract and make it official by signing on it by all the involved parties. All the clauses in the contract should be clear and precise. An offer is defined as the will and urge to enter into a bargain with another person or group; the offer is said to be closed after the agreement has been reached upon by both parties. In such cases, the deal officiated by signatures in the presence of a witness and that is when it is then said that a deal has been reached. However, in order for an offer to be turned into a contract, there has to be a specification at the time given for the viability of the order. In a contract, there has to be the master of the offer who is the person who comes with the idea of contract and offers it to the other party in a bid to reach an agreement. The master of the offer also stipulates the time needed for the acceptance of the offer to the other parties. If a contract has not been reached by the given time of acceptance, the contract is said to be void or more time is given for both of the parties to go through with it. There are several methods of accepting an offer; the offeror (master of the offer) can limit the methods whereby he specifies a given amount of time usually seven days. If the offeror does not specify the amount of time for acceptance, then any reasonable time is valid for the offer to ace. In such a circumstance, the reasonable time depends on the type of offer. The mailbox rule states that a contract is deemed viable only after acceptance of the terms by all parties and the acceptance has been posted. However, it applies even if an acceptance has not been reached by the parties. In such a case, it becomes invalid if one of the parties misappropriates or misaddresses the acceptance. It also applies if, the offeree is notified of a rejection by the offeror, but they have already mailed the acceptance letter and received. An offer for acceptance can be terminated under several conditions. This includes through an act of a court order, if the offeree lets the offer lapse out of time, in the course of the death of one or both of the parties in the contract, by another more plausible offer, and lastly by revocation by both parties. A counter offer is defined as alterations of the key points of the agreement hence the offer changes with just a few points of the previous clause. The contracts exist in different forms; a unilateral contract, for example, is defined as a contract that offers performance in exchange of a promise. On the other hand, a bilateral contract seeks a promise in exchange for another promise. In a unilateral contract, the offeror gives the offeree something in return for the actions and services. The offeree responds to this by fully doing the job that he and the offeror agreed upon and ensuring it is done to best maximum potential. In order for this contract to be reached, the offeree has to give a notice of acceptance in the stipulated time by the offeror. Most of the contracts reached in the modern world are tender contracts which are unilateral. In most cases, the offeror gives the terms with his promise being payment of the services offered. The agreement in a unilateral contract is closed after and if only the offeree completes his part thoroughly. The new approach, however, to the unilateral contracts shows that the offer of the table determines who does what and what profit they aim to get from the agreement. For the subject brought to the table to be reached, there has to be bargaining between the parties so that the agreement can be both unanimous and accepted by both parties. The requirement by the offeror is what is agreed by the parties and no party should come in such a deal expecting the other to give them a more advantageous treat. All the cost should be stipulated and how they can handle any losses incurred during the application of these services. The agreement should not be violated at all because it was done willingly with neither party being under duress. However, if one of the parties claims violation of the agreement, the contract can be dissolved by a court of law after the lawyers have gone through it. In this case, a unilateral agreement was reached, and a clause was left out without discussion. The assumption that what had happened the last time as the contractors had been contracting offices for sweet Torque would still be applicable. The clause was not signed by the offeree and according to the stipulations given; the company with the lowest price would be given the tender by Sweet Torque. In case of Pave the Way contractors, an error in assumption had been made and their offer had been left out. If there is no contract, several alternatives for relief have been listed as forms of contracts; express or implied contract. The last relief is the quantum meruit that offers for recovery in an implied-in-law to avoid unjust enrichment. In order for the last kind of relief to be applicable, restitution is given by the court and this is in the case of a complete lack or absence of a promise. There has to be no promise at all if restitution should go through. In addition, there has to be someone paying and one who should be paid in order for anyone not to be enriched unjustly. This is where a litigation is applied and the court gives a ruling after weighing on the issues. Sweet Torque Company should take the last resolution in order for Cementics to be ordered to pay the amount they have cost them in losses. The fact that no personnel from Sweet Torque signed the clause on the losses incurred will give a standing and viable argument in a court of law. The fact that another contractor had reached the target qualifications, and was more convenient than Cementics will be a factor the court would consider. As highlighted in a unilateral contract, there is the promise that in this case is exchanged for the services. Sweet Torque achieved their promise and gave the contractors money to start working. However, the contractors failed in offering their services fully and continued making the offeror to continually make losses. In addition, they did not also build as directed and started cutting corners hence making the overall outline of the company look awful. The contract was a relationship contract which is normally based on trust. In such a case, both parties assume that the other will not betray their trust. Sweet Torque had such a relationship with Cemantics. In relationship contract, the moment one betrays the other’s trust the other can do the same. Since the agreement was misunderstood, Sweet Torques, could state the tender with Cemantics as null. They could consequently file a lawsuit against Cemantics in order to win compensation for the loss they incurred. It is no longer true to say that judge-made contract law reflects a commitment to unfettered freedom in bargaining. Rather, the courts are concerned to protect the security of exchange and to foster fair relationships in the marketplace Since the businesses started developing and this prompted more contracts, the government could no longer turn a blind eye to the scores of unfair contracts being reached. The business world and legal world was merged by the upcoming of corporate law. This law sought to understand and fashion fair contracts. The judges were then introduced to seal this deals. A firm characteristically has a large number of employees having the implication of increased obligations. In order for the company to continue developing and carrying out its duties, there has to be a relationship with other companies that offer services that are needed and that is where contracts come in. Multilateral contracts lead to a greater commitment by the company offering them in order not to break any of the agreements. Restitution is refers to the changes that are applied to law in view of restoring what would be akin to social justice. In case individuals had partisan interests to get rich, restitution requires the person to redistribute wealth. Tort law on the other hand is a collection of stipulated rules and laws that seek to protect a person from the acts of others viewed as intentional hurts. In a legal problem or situation, the court comes with several alternatives of relief for the given case in focus. In legal terms, contracts take several forms. Express contracts, for instance, means that the contract bears no aspect of oral or written proof. A quasi contract is defined within legal perspectives that constructed by the court to achieve the targeted purpose. The last relief is the quantum meruit that offers for recovery in the case of an implied-in-law to avoid unjust enrichment by the court of law. In tort law, the plaintiff must be able to prove that they are in an agreement with the defendant. If the agreement was to be directly violated, it would lead to certain consequences for the plaintiff. The court, in such an incident, would audit, evaluate, and listen to the parties and decide whether the plaintiff suffered a loss from these actions. In the example given, sweet torque suffered losses caused by the slackness of cementics. In order to question and make sense of what is comprised in private law, we have to understand private law and its components. Private law entails the correction of wrongs and protection of individual autonomy. This is when looking at contractual and tort laws that try as much as possible to achieve these two principles. However, in the modern application, modern law is seen as a comprehensive law that tries to serve and protect everyone within its jurisdiction especially the consumers of the many products available in the market. It is said to have both a unifying and distinctive role. Litigation is the act of contesting a lawsuit by a firm. Most of the firms practising private law are nowadays more profit than service oriented; they prefer litigation so as to seem that they are participatory in the coordination and regulation of the businesses. In the real sense, these law firms are just upholding the value of private law while in the real sense they exploit their clients. In order to make satisfactory influence, one has to have comprehensive information on the case they are handling. One has to prepare and get all information needed and related to the case. The ability to point out and pick what is exactly needed needs exceptionally well developed case study skills. The one doing this should also be able to communicate as eloquently as possible; they should choose their words carefully enough to be able to make an impression on the jury on what exactly transpired. The success of a law practitioner mostly depends on these two values. When the concept of creating contracts came to the market, it was fair and the agreements were reached under extremely easy and uncomplicated terms of bargaining. The parties bargaining did so without any judicial interference. As time went by, and the social class rule grew, some contracts were found not to have been reached amicably. The poor and the weaker entities in social standings were forced into contracts that were unfair which sought to put the weak at the service of the rich. As private law developed, the court put down that any agreement that one person reached with another was legal and under the jurisdiction the parties were present in. The main problem came about when the law tried to be fair in serving everyone under the pressure of the class differences. The rule of law was then introduced and this made the court immune from the public or anyone for that case. The rule of the law clearly stipulates that no one should interfere with the final decision of the court. Any attempt to intimidate the ruling of a judge is punishable by law. The measure to let the judge be present in contracts or any legal personnel was so that if one of the parties refused and broke the terms of agreement, the person would be liable to punishment as stipulated. This came with the continuous change of agreement and covenant markers from seals to paper impressions. If there is no legal interference until today, most marketplaces would be seriously biased and would lean primarily on the source of income. Only those totally acquainted would be getting into unilateral contracts because they are in the same social groups. The unacquainted would be forced to go looking for a breakthrough elsewhere or being taken out of the market altogether. The legal personnel help the parties review the offer. In addition, they help discuss and ensure there are no loopholes hence they place upon the contract the legal seal of the judicial system. The theories behind why a judge is needed are given, but they are made outstanding by the way each explains its points on the subject. Some theories just try to explain this from the author’s point of view, but some ascertain this with a lot of research on the topic. Each of these theories points accurately to some essential points in contractual obligations. However, each theory can be said to have several weaknesses because there is no consensus between them. The theories are grouped according to the way they near each other in ideological accuracy; they give a clear picture on what they are trying to prove. Incase one of the parties has discomfort with the way the bargaining is done, they should dissolve the contract legally also so that the one that makes the other get inconvenienced is fined, and each is compensated without any unjust acquisition of wealth. If the contract is reached in the absence of a legal figure of authority, then consequently the weaker party is bound to be unfairly swindled without any response for it. The complex areas of law are mainly found in the contractual obligations in it. Law is different in every area of jurisdiction, but it all mainly stands for the same virtues albeit through different phrasing. In private law, it raises several complex issues on fairness, equality and justice. In conclusion, contract law is concerned with promises which are enforceable and are summed up as agreements which must be kept. There are three crucial elements in contract creation in the jurisdictions of common law. These are highlighted as consideration, acceptance and offer, and the want to come up with legal relations. A legally binding offer, for instance, is in reference to the one which was offered by the company Carbolic Smoke Ball when it came up with a wonder drug which was supposed to cure people who had flu. It promised that if the drug would not work, the affected individuals would be paid 100 Euros. Fearing bankruptcy, the company said that the advert was not meant to be serious and that it was supposed to invite people to be treated for mere puff or gimmick. The court held that this was a solemn offer to a reasonable man. Consideration points out that all the parties involved in a contract, exchange valuable things. Presently, some law systems are abandoning this requirement and adopting estoppels. Estoppels’ is being used when under taking pre-contractual negotiations for creation of obligations. Consideration in jurisdictions of civil law, is it not a requirement for a contract to bind. Torts or civil wrongs, sometimes depicts, occur when somebody breaches a duty to someone else, or infringes on the legal rights of a second party. For instance, when one accidentally hits somebody with a base ball, a tort would have been committed. Under negligence law, the offended party can claim compensation from the responsible party. Negligence characterizes the behavior which is responsible for the cause of unreasonable risk of damage to property and harm to persons. The law demands that people use their common sense and experience in life to determine the level of care and vigilance to avoid injuring others. Work Cited Barton, B. Regulating energy and natural resources. Oxford: Oxford University Press, 1953. Mulcahy, L. Contract law in perspective. London: Routledge-Cavendish., 1962. Oduntan, G. Sovereignty and jurisdiction in the airspace and outer space: legal criteria for spatial delimitation. London: Routledge, 2011. Reden, S. Money in classical antiquity. Cambridge: Cambridge University Press, 2010. White, M. Theoretical foundations of law and economics. Cambridge: Cambridge University Press., 1971. Read More