Discuss the different aspects of the law covered in first year law school contract law.
Maintenance of law is necessary in order to consider the ethical behavior and morality in society. Different laws are enforced in constitutions of different countries, in order to help the society to behave in the proper manner. Individual and social welfare is maintained through considering the laws and regulations.
This course study illustrates different aspects of laws in relation to organizations and individuals. In addition to that, this critique highlights the impact and influence of laws on different business. Moreover, a discussion on different case studies, in relation to the contract, criminal and tort laws is also focused. On the other hand, this study demonstrates different elements of laws, in relation to organizations and individuals.
Introduction to law
Laws are considered as the restrictions, rules, and regulations, which are applied to different and overall individuals of society. In the view of Gifford & Jones (2016), the main purpose of a law is to help the individuals to conduct and behave themselves in a proper manner. In addition to that, a law helps the individuals to deterrent and sanction against an improper behavior. On the other hand, as Robbennolt & Hans (2016) has commented that right infringements along with maintenance of order and safety can be passed through considering the laws made by the constitution. Moreover, society and individuals can be protected from maintaining the rules and laws made by the legislation. In the opinion of Ferrara et al. (2016), laws are formed through parliament representatives along with the independent judges and courts.
Different laws and rules can be accessed by the individuals in terms of protection. However, as Lauterwein (2016) has stated that basically, two primary laws are there, which are civil law and criminal law. Civil laws are considered as the laws, which help to deal with the concerned disputes, between the concerned parties. On the other hand, as Engle (2014) has mentioned that a criminal law deals with the offenses, which are made against the morality, people, and property. A common welfare can be gained by the individuals through maintaining the laws and regulations. In the viewpoint of Gifford & Jones (2016), the system of law is formed and enforced with the help of governmental institutions and social institutions, in order to regulate the behavior in a proper manner. In addition to that, laws and regulations are incorporated in different business, organizations and by the individuals in order to avoid any risks or infringement cases.
However, in addition to that, different countries possess different constitutions and thus have different rules and laws for their countries. On the other hand, as Kadish, Schulhofer & Barkow (2016) has stated that different issues of fairness, justice, and equality can be raised through approaching the concerned laws.
Different types of law
Based on the US legislation, different laws and regulations have been made in relation to the basic human rights. In addition to that, consideration of law in a country or state ensures the fair enforcement along with sustainability of equity. On the other hand, different laws of US code constitute a relationship in between social change and law, with possessing different laws, such as:
In relation to the responsibility of US system, criminal law is shared between federal and state government. Criminal law centralizes on the factor of punishing an individual for committing a crime. In addition to that, in criminal law, punishments to the individuals vary on the factor of offense severity, extending from a simple fine to freedom loss. Based on the constitution of US, crime is considered as an act, which violates a law or omits violation, in relation to ordering of law. In relation to the criminal law of US, it posses’ three different elements
Conduct, in the criminal act, is considered as a voluntary act, which is wrongful and thus leads towards a wrongful outcome. As Abraham & White (2017) has stated that, in terms of conduct, some of the laws punish the conduct itself and other might punish an individual for the wrongful outcome. However, an action on reflex might not be punished, if an individual is found not guilty.
In relation to the mental status, individuals can only be punished if the mental state of that particular individual is found requisite, during conduction an act of crime.
Relationship between conduct and offense. The cause requirements of the conduct need to be satisfied if the conduct is criminal. In addition to that, in order to punish an individual under the criminal act, the prosecution needs to prove the conduct to be based on an actual cause with a wrongful outcome (The State Bar of California, 2018).
A contract can be considered as an agreement between two or more than two different parties based on a legal procedure and process, which can be enforceable over a particular product or service. On the other hand, a contract is also considered as a written document or an expressed documents of contract, which the elements lead the contract as an authorized binding document (Mass.gov, 2018).
Tort is considered a civil wrong, which includes the actions of breach of contract along with damages. Based on the US constitution, tort law has its purpose to redress the wrongful damages, which are caused by an individual. In addition to that, a tort law can be applicable to the acts which fall below the care standards. In the view of Epstein & Sharkey (2016), the entire civil lawsuit other than contractual disputes is included in tort law category. The main purpose of tort law is to provide compensation for the monetary damage by wrongful conduct. Different elements are possessed by tort law, such as:
Duty of care
A duty of care states an individual's basic duty towards an action, which needs to be upheld.
Duty of care breaching
Breaching of the duty is considered as an omission of conduct, which leads towards certain damages. If an individual does not adhere a conduct with care or legal responsibility, which needs to ensure, it can fall under the tort law.
In order to fall an action, under the tort law, the particular action needs to be case sufferings to a victim. If the court found the actions caused damage to the victim, it can fall under tort law.
In case of tort law, if there will be any specific damage, it can fall under tort law. However, if the court will not found any damages caused by the actions, it will not fall under tort law.
Aspects of law
An agreement can be considered as a contract, where different terms and conditions will be there, that is shared between two different parties of the contract. On the other hand, as McKendrick (2014) has stated that sign of both parties is needed in order to have a legal contract and thus to be recognized in a legal manner. A contract between two parties acts as legally binding in exchange of services or product. Based on the legal factor of contract law, it can be formed into three different types:
A written contract can be considered as a document, which can outline the terms and condition along with an agreement between different parties (Andrews, 2015). The concerned parties might be organizations, business or individuals.
A standard contract is referred to a general contract, which includes fixed conditions and terms in order to provide a service or product in exchange. Bank loans can be considered as a standard contract, where a standard term and conditions apply for the exchange of loan.
A verbal contract is considered as a spoken agreement of a party through spoken communication. In relation to business, a standard contract is approached in general, which includes the liability claim in favor of concerned parties. In addition to that, Liu, Wang & Wilkinson (2016) has commented that a contract type depends on the form of contract, which is unilateral contract and bilateral contract. A unilateral contract is considered as an agreement or promise by a single party of the contract. As for an example, a reward contract can be considered as a unilateral contract, where an organization might promise to rewards a person to the surety of a deal. On the other hand, as Abdullah, Ismail & Kari (2015) has stated that a bilateral contract is considered as different parties agree to different promises, in exchange for service or product. As for an example, an agreement in a business between employee and an employer can be considered as a bilateral contract, where the employees are being promised to be salaried in exchange for work. Apart from that, a contract poses different aspects, such as:
Relationship between parties
With a mutual consent between the parties, a contract is generally formed. Under a contract, the concerned parties might be known to each other or not, or may be known through an accountant or client (Smith, 2016). Thus, a clear relationship can be considered between the concerned parties, where the relationship is governed and formed by contract.
By considering the terms and conditions of a contract, obligation nature in a contract is determined. In the view of Mansell (2015) resulting obligations are accepted by parties of contract with entering into the agreement of contract. However, based on the Unfair Contract Terms Protection USA, restrictions on the contract terms might be excreted through a statue. In addition to that, parties to the contract need to have a legal relation, where mutual consent is included in order to possess contractual obligation.
Damage remoteness and causation
Based on the opinion of Robertson (2016), the issue of damage remoteness and causation is centralized towards the defendant's extent of liability in a relation to contract breach of events chainset. In relation to the causation along with damage remoteness, a claimant needs to prove their damages due to the actions of the defendant. On the other hand, as Andrews (2016) has commented that the cause is tested, based on the remoteness test.
A quantum meruit, damage remedies along with the price for the action is included in the breach of contract, where the remedies are available. A legal obligation can be possessed if a contract is breached. In terms of a contract, damages can be of two different types:
Experience loss is considered as the profit, which can be gained based on the concerned contact of the parties.
Reliance loss is considered as the expenses, which are incurred by the concerned claimant of the contract, in relation to their side of agreement on the contract.
In the opinion of Carter, Courtney Courtney (2017), the damage payable amount can be damaged by the conduct of claimant. A claimant has to be under the obligation in relation to the approaching measures, in order to mitigate the concerned loss. Therefore, payable damage can be affected by the claimant conduct.
Aspects of criminal law
In relation to aspects of the criminal law of United States, two different aspects can be possessed by the jurisdiction of criminal law:
Substantive aspect can be considered as distinguish between whether the concerned sovereign has the power to enact or not, in relation to the criminal laws and whether the sovereign can try to violate the law through trying a defendant.
In the view of Andrews (2016), procedural aspects are considered as an aspect which is centralized on the sovereign power in order to define the conduct in order to enact the laws of criminal. However, on the other hand, Nazzini (2016) has argued that the power of enactment of criminal laws by a sovereign does not possess the power of proceeding against a defendant, with violating of laws.
On the other hand, in relation to the law of torts in the USA, tort law ensures the compensation of entities and individuals in relation to the property damage or personal suffer due to the wrongful conduct of another's action (Washington State Office of the Attorney General, 2018). In addition to that, three different aspects are there in relation to tort law of the USA, where torts law can be applicable, such as:
In the opinion of Epstein & White (2017), an intentional tort is considered as the conduct, which is done by an individual purposely and thus causes damage or injury to another. In addition to that, the intentional torts can be included in the criminal law. However, on the other hand, as Robbennolt & Hans (2016) has commented that both the intentional tort and criminal law pose difference.
Negligence tort can be considered as the negligence of an individual or an organization, in relation to the certain code of conduct which reduces other’s harm, considering the legal duty. On the other hand, according to Ferrara et al. (2016), negligence of standards with legal duty in order to act to reduce other's harm can be considered as negligence in tort law. In addition to that, deliberation actions are not included in the negligence cases, unlike an intentional tort. In relation to business and organization, medical malpractice can be considered as a negligence case.
As Engle (2014) has commented that, strict liability is considered as the imposed responsibility of injury on wrongdoer without having any concrete proof. In addition to that, in relation to the strict liability, the action is considered to be mattered along with considering the injury of individuals. In relation to a business, the customers or consumers can establish an organization for their injury through using the products of that particular organization. Defective products of an organization can be an example of the strict liability case.
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Influence of law on business and individual
Based on different laws of contract, criminal and tort law of United States, all the laws can influence an individual or business in a different manner. In relation to the contract law in business, different parties of contract can have obligation and rights. Different complexity factors can be included in the contract law of business, such as employment regulations, accounting procedures, litigation and disputes (The State Bar of California, 2018). In relation to the business, contract law can help to maintain the functioning of business in a proper manner. Moreover, in the view of Lauterwein (2016), as a contract in business centralized focuses on the exchange of contracts between different parties thus it can also help the business to maintain their business transactions. In addition to that, with approaching a contract law, a business can help to avoid the breaches and thus to gain fairer wealth distribution in society along with maintenance of distribution. A business or an organization can avoid the organizational damages along with business loss due to a breach of contract.
In relation to the contract law, a case of contract breach has been seen in the case of Revelations Perfume and Cosmetics Inc. v, Prince Rogers Nelson. The organization sued Prince Rogers, a musician along with his label of music with seeking an amount of $100,000 for breaching a contract to market perfumes (New York Law Journal, 2012). Based on the case, Roger has promised the RPC to promote their perfumes through his album and will allow the organization to use his name on the packaging of perfume. However, Roger refused the contract later and thus refused the granted interviews. RPC thus claimed Rogers to award $3 million for their loss in profit along with punitive damage. On the other hand, no such evidence was found, however, Roger was charged with a penalty of $4 m for the organizational additional expenses. In addition to that, profit loss of RPC was denied.
On the other hand, in case of individuals, a contract between the parties helps to have a concrete proof on the concerned exchange of the services or products. The contract between individuals can be written, oral or standard. However, in the view of Ferrara et al. (2016), a written contract is considered as a strong evidence of an agreement. On the other hand oral agreement might not be that much effective in comparison to the written and standard contract. In relation to the importance of contract law towards an individual can be demonstrated by the case of Barak v Jaff, where different elements in relation to contract breach have been found. In the case, an oral agreement was made between the plaintiff and defendant (SUPREME COURT OF THE STATE OF NEW YORK, 2013). Both Barak and Jaff agreed on the performing physical therapy on the defender's patient.
The plaintiff, in this case, was PT and defendant was a doctor. The case was filed as because based on the oral contrast the defendant has to pay to the plaintiff. However, the defendant was not maintaining the contract in a proper manner. Moreover, the case depicted the defendant to be disorganized. The owed amount to the plaintiff was inaccurate as mentioned by the defendant of the case, However, The plaintiff claimed the documents can be accurate if it poses a minimum of the owed amount and thus claimed to have $16,000. The court has found a strong oral contract in case, which has been breached. In addition to that, the court found an issue in the actual owed amount along with an oral contract, where the plaintiff was allowed to have liability, however, with no such damages.
On the other hand, in relation to the individual towards tort law, the individuals can gain compensation for the injuries, which has been occurred due to an occurrence of any defendant party. In relation to organization and individual, a case of Lieback v McDonald, it has been seen that the plaintiff was Lieback who claimed McDonald for the cause of her injury by hot coffee of McDonald (American Museum of Tort Law, 2017). Lieback had ordered a cup of coffee, which she dropped between her knees that caused a severe injury with permanent disfigurement and partial impairment. As McDonald’s coffee was found to be defective with having too much temperature, thus ordered McDonald to pay $16,000 of damage along with medical expenses and $2.7 m of punitive damage with compensatory damage.
In relation to the criminal law in business and towards individuals, it can help to establish a standard in the organizations along with protection of rights of human and liberties. In the view of Liu, Wang & Wilkinson (2016), maintenance of laws in business and consideration by individuals can help to protect violations along with different liberties. In relation to business, different corporate environmental crimes can occur, where regulatory requirements are not followed by the organizations in a proper manner. As for an example, in case of Resources Board and Attorney General Harris v. Volkswagen Aktiengesellschaft, the emission scandal of has been seen to charged with criminal charges, as the organization did not follow the corporate environmental regulations and thus claimed by the federal prosecutors (The United States Department of Justice, 2017). Based on the case of Volkswagen the emission of the defender was found to emit more than the standard amount of gas in comparison to the US standard. On the other hand, the defender Volkswagen was found to be guilty and thus ordered by the court to pay an amount of $2.8 billion as a criminal penalty. On the other hand, VW has also been agreed to pay an amount of $1.5 to the claims of financial, environmental and customs. Therefore, from the case of Volkswagen, it can be said that organizations need to consider the criminal regulations and laws in their functions, in order to avoid the penalties and alleged violations.
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From the above study, it can be concluded that, consideration of a law helps to maintain the social behavior along with ensurity of ethnicity and morality. Regulation of a country or state based on the constitutional laws can help to avoid different risks related to civil and society.
In relation to business, tort law needs to be considered, which can help to ensurity of minimum damage by the actions of business. In addition to that, criminal law helps to maintain welfare of society along with considering the health and safety with morality. Moreover, consideration of contract law by organization or people can help them to avoid the chances of breach or damages by other individual or business.
Abdullah, N., Ismail Nawang, N., & Kari, F. (2015). Good Faith, a Concept in Contract Law: Chasing a Mirage or a Miracle in Australian Context.Contract Law, 21(2), 182-200.
Abraham, K. S., & White, G. E. (2017). The Transformation of the Civil Trial and the Emergence of American Tort Law. Ariz. L. Rev., 59, 431.
American Museum of Tort Law. (2017) Lieback v McDonald’s. Retrieved 5 January 2018 from https://www.tortmuseum.org/liebeck-v-mcdonalds/ (Retrieved on 5 January 2018).
Andrews, N. (2015). Contract law. Australia: Cambridge University Press.
Andrews, N. (2016). Sources and General Principles of English Contract Law. In Arbitration and Contract Law, 35(8), 165-175.
Carter, J. W., Courtney, W., & Tolhurst, G. (2017). AN ASSIMILATED APPROACH TO DISCHARGE FOR BREACH OF CONTRACT BY DELAY. The Cambridge Law Journal, 76(1), 63-86.
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