StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Enforceability of Contracts - Essay Example

Cite this document
Summary
The essay "Enforceability of Contracts" focuses on the critical analysis of the major issues in the enforceability of contracts. Contracts are normally formulated to ensure that each party honors its obligations failure to which the aggrieved party can seek legal redress…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER96.3% of users find it useful
Enforceability of Contracts
Read Text Preview

Extract of sample "Enforceability of Contracts"

Nonetheless, other contracts made without written evidence could still be valid and enforceable before a court of law. In this essay, the aim is to argue that in the case of Isabella vs. Cato, the former can successfully, enforce the latter’s promise.

The background of this case is that Cato promised Isabella $40,000 upon enrolment and subsequent graduation from college which the latter successfully does. Upon demand of the honoring of the promise, Cato cites a lack of contract and enforceability. In this case, Cato cannot denounce the contract because Isabella has honored her part. According to the US constitution, “If an oral contract that cannot be fulfilled within one year has been fully performed, the contract is fully enforceable (regardless of how long performance took)” (National Paralegal College, p.12).

Had Isabella failed to enroll or fail to graduate from the college, Cato would have had legal grounds to overlook the contracts. If one party fails to honor their part of the bargain there has to be a case (National Paralegal College, p.12). In other words, if Isabella despite failure to graduate still demanded the $40000 promise, Cato would not pay. Conversely, now that she graduated, Cato has to honor the promise. Worth noting is the fact that a contract does not necessarily need to be in a written form to become enforceable. Nevertheless, it is vitally important to understand that in the United States, some contracts have to be in form of writing. As for the Cato –Isabella case, this is not one of the cases requiring such parameters.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Case Problem Essay Example | Topics and Well Written Essays - 250 words - 1”, n.d.)
Case Problem Essay Example | Topics and Well Written Essays - 250 words - 1. Retrieved from https://studentshare.org/law/1662933-case-problem
(Case Problem Essay Example | Topics and Well Written Essays - 250 Words - 1)
Case Problem Essay Example | Topics and Well Written Essays - 250 Words - 1. https://studentshare.org/law/1662933-case-problem.
“Case Problem Essay Example | Topics and Well Written Essays - 250 Words - 1”, n.d. https://studentshare.org/law/1662933-case-problem.
  • Cited: 0 times

CHECK THESE SAMPLES OF Enforceability of Contracts

Contractual Agreements Vs Joint Ventures

?? Sub-contracting of one firm by the other establishes the customer-supplier relationship usually for long-term contracts.... Till the mid of 1970's around 70% of the total agreements were done through the JV route and 30% of them were through contracts.... This research aims to evaluate and present general trends in R&D dependency and reasons for the preference of contractual agreements....
14 Pages (3500 words) Assignment

Analysis of Business Environment in Brazil

The paper "Analysis of Business Environment in Brazil" focuses on the critical analysis of the business environment of the Brazilian infrastructure sector of the construction industry, which is dominated by the infrastructure sector which participates with 67% in the composition of the industry.... ...
5 Pages (1250 words) Research Paper

Offer and Acceptance: Formation of the Contract

From the paper "Offer and Acceptance: Formation of the Contract" it is clear that Billy can utilize his reluctance to Andrews's continuous attempts to get discounts from him to put the scales in his favour following the facts of D and C Builders v Rees.... ... ... ... On the facts, it would seem that Andrew and Billy would have an enforceable contract, mainly because of the promises that have been exchanged by both sides and the exchange of consideration....
8 Pages (2000 words) Essay

An Employee and an Independent Contractor

Other elements such as legality of the work to be performed, existence of consideration and contractual capacity, and free will into a contract are also common factors for Enforceability of Contracts between an employer and either employee or an independent contractor (Gulshan and Kapoor 4).... Similarities of contracts are those that they are governed by the law of contract.... An Employee and an Independent ContractorEmployer-employee contract and contract with an independent contractor are significant and distinct types of contracts....
1 Pages (250 words) Coursework

Estoppel Doctrine With Regard to the Australian Jurisdiction

It forms the test for the Enforceability of Contracts.... This research paper "Estoppel Doctrine With Regard to the Australian Jurisdiction" defines estoppel in general.... Several divisions of estoppel will also be discussed.... In addition, the types of promissory estoppel will be explained....
7 Pages (1750 words) Research Paper

Examine the relative role of institutions in the rise of Europe

North defines institutions as constraints devised by human beings to govern interactions at political, economic and social levels (North, 1991).... These constraints are both formal and informal.... The informal constraints include.... ... ... These are the unwritten societal rules and tools that structure human interaction in various contexts be it political, economic and social....
4 Pages (1000 words) Essay

Proactive Sports Management v Wayne Rooney

ccordingly, the general presumption under the law operates against the enforceability of restrictive covenants and if we consider this contextually within the sporting industry, the intrinsic unequal bargaining power between sports professionals particularly at the beginning of their careers, coupled with the monopolistic structure of the sports industry is arguably protected by the restraint of trade doctrine.... The agreement was held to be unenforceable on grounds of being in restraint of trade and commentary on the case has reiterated that the decision is in line with the existing law regarding applicability of restrictive covenants and contracts made by minors2....
7 Pages (1750 words) Case Study

Defining Contracts and Promises in the Philosophical World

The unwillingness to face hostile reactions or damage reputation on breach of promises plays a similar role to the Enforceability of Contracts.... The enforceable nature of contracts significantly reduces the possibility of default or harm to parties in a contract.... The paper "Defining contracts and Promises in the Philosophical World" focuses on the fact that In the philosophical world, one of the most common and hugely plausible ideas is that contracts are principally promises....
6 Pages (1500 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us