Question? Call Us  +1 (817) 546-4770

LA243 Contract Law

Academic Anxiety?

Get an original paper within hours and nail the task

156 experts online

Free Samples

LA243 Contract Law

.cms-body-content table{width:100%!important;} #subhidecontent{ position: relative;
overflow-x: auto;
width: 100%;}

LA243 Contract Law

0 Download4 Pages / 921 Words

Course Code: LA243
University: Amberton University

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: United States

Question:
Using your selected court decision, prepare an analysis that responds to the following:Articulate the importance, context, purpose, and relevance of law in a business environment:Identify the parties who are before the court.Provide a brief background of the problem. Summarize the facts in no more than 2-3 paragraphs.Identify the specific disagreement between the parties.Explain the ruling of the court in no more than 1-2 paragraphs.Evaluate key judicial concepts that influence the decisions related to business:Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision.
 
 
Answer:
Introduction:

The case which has been selected for the purpose of this assignment is the case of Gamesa Energy USA v. Ten Penn Center, 2016 Phila. Ct. Com. Pl. LEXIS 270. The case is in relation to breach of contract.
The presence of lay in relation to a business environment is critical for the purpose of successful carrying out of business transactions. In the given situation the law provides rights and duties to those parties who are involved in business transactions. In addition the law sets out fines and penalties which a party may be subjected to in relation to breach of law. Further the law in terms of business act as a guideline for parties on which they can base their transactions and ensure good and ethical practices in business. Where business law is not present there would be a chaos created in relation to the rights and obligations of parties involves and businesses would not be able to operate effectively. 
The parties who are a part of this legal case are both incorporated companies. The claimant by whom the claim in relation to this case has been filed is Gamesa Energy USA. On the other hand the party who is defending the claim made by the claimant is Ten Penn Center hereby addressed as the defendants. 
In the given situation the claimant had rented a property which is owned by the defendant. The rent was based on a lease agreement which was about to come to be concluded on September 1 2018. The lease had a term according to which the claimants were entitled to receive an amount as “improvement allowance” which they had the right to use for the purpose of customizing the property based on their needs. In addition rights had been provided to the claimant through the lease agreement whereby that had the option of subletting the property. Although the right was subjected to obtaining consent from the defendant the defendant count not unreasonably deny the right to the plaintiff and had not notify their decision to the claimant within  a fixed period of time  which was 30 days from the day the requires is made.
After leasing the property for many years the claimant came to a decision that they want to sublet the property to another company Viridity Energy who is hereby referred to as the third party. The subletting had been approved by the defendant. The defendant wanted to relocate to a different premise due to business needs and had notified about the same to the defendant. They also notified that they will not stop the payment of rent to the defendant and are in search of another subtenant. The claimant had been further assisted by the agents of the defendants in the process of moving out. The claimant further proposed the defendant that they want to sublet the property to a new party. However the defendant did not respond to the request of the plaintiff and further they were informed that as they had moved out of the property without the permission of the defendant they have contravened the lease agreement and are no longer entitled to the “improvement allowance”.
 
Identify the specific disagreement between the parties.
The specific disagreement between the parties was that the claimant made a claim for the breach of contract done by the defendant and the defendant argued that the contract had been actually breached through the actions of the claimant as they moved out of the property without permission and against the lease agreement.
The court had made a ruling in favor of the claimant in this case. It was held by the court that it is actually the defendants who have violated the terms of the contract by continuing to accept rent payment by the claimant and not proving notice related to the permission of subletting within the stipulated period of 30 days which had been provided by the claimant.
In this case the court relied on the judicial concept that the defendant had acted in a malicious manner as they continued to accept the rent from the plaintiff even when they had left the property without the permission of the defendant (Knapp, Crystal & Prince, 2016). The defendant had waived its rights under contract by continuing to accept the payment. Further the court relied on the rules of agency as the agents of the defendant had themselves assisted the claimant to move out of the property. This signifies that consent had been provided by the defendant in relation to moving out of the property by the plaintiffs (Smits, 2017).
Yes I completely agree with the decision provided by the court. It is completely evident in this case that the defendant had acted in a malicious manner by continuing to accept rent payment by the claimant and not proving notice related to the permission of subletting within the stipulated period of 30 days which had been provided by the claimant. The claimant had done an act which could be considered as a breach of contract as they moved out without the permission of the defendant. However the right against such breach had been waived as the defendant continued to accept rent form the claimant.
 
References:
Gamesa Energy USA v. Ten Penn Center, 2016 Phila. Ct. Com. Pl. LEXIS 270
Knapp, C. L., Crystal, N. M., & Prince, H. G. (2016). Problems in Contract Law: cases and materials. Wolters Kluwer Law & Business.
Smits, J. M. (Ed.). (2017). Contract law: a comparative introduction. Edward Elgar Publishing.

Free Membership to World’s Largest Sample Bank

To View this & another 50000+ free samples. Please put
your valid email id.

E-mail

Yes, alert me for offers and important updates

Submit 

Download Sample Now

Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.

UploadUnique Document

DocumentUnder Evaluation

Get Moneyinto Your Wallet

Total 4 pages

PAY 3 USD TO DOWNLOAD

*The content must not be available online or in our existing Database to qualify as
unique.

Cite This Work
To export a reference to this article please select a referencing stye below:

APA
MLA
Harvard
OSCOLA
Vancouver

My Assignment Help. (2020). Contract Law. Retrieved from https://myassignmenthelp.com/free-samples/la243-contract-law.

“Contract Law.” My Assignment Help, 2020, https://myassignmenthelp.com/free-samples/la243-contract-law.

My Assignment Help (2020) Contract Law [Online]. Available from: https://myassignmenthelp.com/free-samples/la243-contract-law[Accessed 19 December 2021].

My Assignment Help. ‘Contract Law’ (My Assignment Help, 2020) accessed 19 December 2021.

My Assignment Help. Contract Law [Internet]. My Assignment Help. 2020 [cited 19 December 2021]. Available from: https://myassignmenthelp.com/free-samples/la243-contract-law.

×
.close{position: absolute;right: 5px;z-index: 999;opacity: 1;color: #ff8b00;}

×

Thank you for your interest
The respective sample has been mail to your register email id

×

CONGRATS!
$20 Credited
successfully in your wallet.
* $5 to be used on order value more than $50. Valid for
only 1
month.

Account created successfully!
We have sent login details on your registered email.

User:

Password:

End your doubt ‘should I pay someone to do my dissertation by availing dissertation writing services from MyAssignmenthelp.com. We are the leading dissertation help company in Australia that holds the record of providing high-quality dissertation papers at an affordable rate. Students, who search ‘need help with my dissertation’, should hire our professional dissertation experts for successful completion of the task.

Latest Business Law Samples

div#loaddata .card img {max-width: 100%;
}

BU1112 Business Law
Download :
0 | Pages :
6

Course Code: BU1112
University: James Cook University

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

Answer:
Part A
Issue:
Whether Stella is considered as an employee of PRX?
Rule:
The main difference between employee and independent contractor is stated below:
Employee entered into contract of service, but contractor entered into contract for services.
Employer exercise control over the employee but no control was exercised by employer on contractor. It is considered as traditional test which was developed in Zuijs v Wirth Bros(Zuijs…
Read
More
Tags:
Australia South Lake Management health finance management  University of New South Wales 

BSBWHS605 Develop Implement And Maintain WHS Management Systems
Download :
0 | Pages :
15

Course Code: BSBWHS605
University: Swinburne University Of Technology

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

Answers:
Work Health and Safety Management System (WHSMS) is a collection of plans, tools, activities and processes. List 3 of these plans, tools, activities or processes and explain what they are,
The means, nitty gritty beneath, can be utilized whether the arranging procedure is straightforward or complex. They are:
Evaluating the current word related to wellbeing and security status including the ‘administration framework’ Lussier, R. N…
Read
More
Tags:
Australia Brisbane Management Work Health and Safety Management System (WHSMS University of Brisbane MBA 

BUSN331 Business Law
Download :
0 | Pages :
3

Course Code: BUSN331
University: Centennial College

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Canada

Answers:
Introduction
In Alberta, the Residential Tenancies Act applies to all the people in this jurisdiction, who rent their space out (Alberta Queen’s Printer, 2016). Through this act, the rights and responsibilities of the landlords and tenants are brought forward (Landlord and Tenant, 2015).
Question 1
Before a tenant can move in the rented accommodation, the tenant and the landlord have to reach an agreement, with regards to the…
Read
More
Tags:
Australia Edmonton Humanities Management University of New South Wales Masters in Business Administration 

LA1040 Contract Law
Download :
0 | Pages :
11

Course Code: LA1040
University: University Of London

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: United Kingdom

Answer:
Introduction 
A contract is an agreement between the parties which is enforceable legally in the courts. There are several provisions of law which governs how the terms related to the contract would operate. A contract consists of a set of provisions which are known as contractual terms. The weightage of such terms are not equal as one term may have a more significant consequence as compared to the other in relation to their brea…
Read
More
Tags:
United Kingdom London Economics Management University of London 

TLAW202 Corporations Law
Download :
0 | Pages :
9

Course Code: TLAW202
University: Top Education Institute

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

Answers:
1.
If any person wants to carry out his business in the form of a company, then, it is necessary that the registration or incorporation requirements of such country must be met. In Australia, the Corporation Act 2001 and the guidelines laid down by ASIC provides with the steps that must be accomplish in order to establish a corporate entity.  (Malbon & Bishop, 2006).
A company is of great significance as it is treated as a …
Read
More

Next

Need an essay written specifically to meet your requirements?

Choose skilled experts on your subject and get an original paper within your deadline

156 experts online

Your time is important. Let us write you an essay from scratch

Tips and Tricks from our Blog

PROJ6016 Employer Based Project

Free Samples PROJ6016 Employer Based Project .cms-body-content table{width:100%!important;} #subhidecontent{ position: relative; overflow-x: auto; width: 100%;} PROJ6016 Employer

Read More »

PPMP20009 Marking Rubric

Free Samples PPMP20009 Marking Rubric .cms-body-content table{width:100%!important;} #subhidecontent{ position: relative; overflow-x: auto; width: 100%;} PPMP20009 Marking Rubric

Read More »