When Does a Contract Become Enforceable free essay sample

By: Miriam J. Baer, Deputy Legal Counsel Have you ever been involved in a real estate transaction in which you were not certain whether the parties had a binding contract? Perhaps the buyer and seller had reached an oral agreement when another buyer made an offer on the property. Maybe one of the parties got cold feet and wanted to back out of the deal even after signing the contract. To determine whether parties have an enforceable contract, you must be familiar with two basic concepts of contract law: the Statute of Frauds and the concept of acceptance. The Statute of Frauds Every state has a law known as the Statute of Frauds, which requires certain contracts to be in writing in order to be enforceable. Included in the North Carolina Statute of Frauds are certain long-term leases and all contracts for the sale of land or any interest in land. We will write a custom essay sample on When Does a Contract Become Enforceable? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page To be enforceable, these leases and contracts must also be signed by the party to be charged; i. e. , the person against whom you want to enforce the contract. So, if one party has not signed a purchase contract, and has only orally agreed to its terms, he or she may not be held to the agreement. This means that if a buyer makes a written, signed offer to which a seller has only orally agreed, the agreement is not enforceable. If the seller receives a second offer, he is free to accept it. The Concept of Acceptance The second important concept in determining whether you have an enforceable contract is that of acceptance. Along with offer and consideration, acceptance is required in every contract between two or more parties in order for the contract to be legally valid. Generally, it is easy to determine when you have an offer in a real estate transaction. In North Carolina, a buyer usually makes the initial offer in writing, (often on the standard Offer to Purchase and Contract form), signs the offer and presents it to the seller or the sellers agent. Likewise, consideration something of value given to induce the other party to enter the contract is usually not an issue in real estate contracts. Typically, the buyer promises to give money or property to induce a seller to convey real property. This does not mean that earnest money is required to form an enforceable contract; the parties can form an enforceable contract without the buyer giving earnest money provided the other requirements are met. ) The remaining issue in real estate contracts, then, is the question of whether acceptance has occurred. Only when a contract has been properly accepted does it become enforce able. To achieve a valid acceptance, a contract for the sale of real estat( must meet two elements: signature and communication of acceptance. 1. Signature While a full signature is preferred, any mark will suffice including initials or even an Y (for instance, when one of the parties is unable to write) as long as it is made with the intent of the signer to be bound to the contract. There have even been cases in which a letterhead was considered a sufficient signature for a party. Similarly, the signature does not have to appear at the bottom of the document. Although it is preferable for the signature to be at the bottom, the contract will still be valid if the signature appears elsewhere. A party can therefore initial a contract at the side (as when rewriting a counteroffer) and be bound to the contract. 2. Communication of Acceptance Signature alone is not sufficient to constitute a valid acceptance: the accepting party must also communicate acceptance to the party who made the last offer or counteroffer. Assume, for example, that a buyer makes a written, signed offer which is delivered to the listing agent and then to the seller. The seller likes the offer exactly as written and signs it. Has a binding contract been created? No! The seller has not communicated acceptance back to the buyer. The contract will not be binding until the buyer (or the buyers agent) learns of the sellers acceptance. Unless the parties have agreed to a particular method of communication, communication of acceptance can be made in any manner that is convenient for the parties, and can even occur accidentally. Therefore, in a typical residential sales transaction, communication of acceptance can be made orally, e. . , by calling and advising the buyer of acceptance. This oral acceptance does not violate the Statute of Frauds because the contract itself has been written and signed. It is only the communication of acceptance that is oral. (Note that delivery of the contract document is not required to make a contract enforceable. The contract is formed at the time of communication. The real estate agent does, of course, have a duty to provide copies of the contract to the parties under the Real E state License Law. Because communication must be made to the other party in the transaction or to the other partys agent, it is important to know whether the real estate agents involved represent the buyer or the seller. a. Communicating acceptance of a buyers offer or counteroffer Suppose that a seller signs a buyers written offer and then tells the listing agent that he has accepted the offer. Is the sellers statement to the listing agent sufficient to create a binding contract? No. The seller has communicated acceptance only to his own agent, not to the buyer or to the buyers agent. So, the contract is not yet enforceable. Assume then that the listing agent tells the selling agent that the seller has signed and accepted the buyers offer. Has communication of acceptance been accomplished? The answer depends upon which party the selling agent represents. If the selling agent is a subagent of the seller, communication to the selling agent does not create a binding contract. However, if the selling agent is a buyers agent, communication to him is as good as communication to the buyer herself: the contract is enforceable once the buyer or the buyers agent learns that the seller has signed the buyers written, signed offer. b. Communicating acceptance of a sellers counteroffer Now suppose that the seller rejects the buyers offer but makes a written, signed counteroffer. To accept the sellers counteroffer, the buyer must do two things: (1) sign the counteroffer, and (2) communicate acceptance back to the seller or to the sellers agent. A signature, without communication, does not create a contract. Conversely, communication of acceptance, without a signature, does not create a contract. Remember that communication of the buyers acceptance must be made to the seller or to the sellers agent or subagent. If a buyer communicates acceptance to his own agent, i. e. , a buyers agent, no binding contract has been created. c. Oral negotiations Often after the buyer makes an initial written offer, all subsequent negotiations are communicated orally through the real estate agents involved in the transaction. This practice is acceptable, but may delay reaching a binding agreement. A gentlemens agreement is unenforceable; to be binding, the terms must be put in writing and signed by the parties. In a nutshell A contract for the sale of land is enforceable only if (1) it is in writing and signed; and (2) an offer has been made, is supported by consideration and is properly accepted. Acceptance requires not only the written signatures of the parties, but also communication of acceptance from the party accepting the last offer/counteroffer to the party (or partys agent) who made it

The Theme Loyalty in The Kite Runner

The reading of Khaled Hosseini’s novel The Kite Runner leaves very little doubt as to the fact that the theme of loyalty plays rather important role in defining novel’s semiotic significance. After all – it is after having proven its loyalty to Hassan by the mean of bringing his son Sohrab to U.S. that novel’s protagonist Amir was able to attain inner peace – hence, providing a semantic wholesomeness to the plot. In our paper, we will aim to explore the validity of this statement as length.Advertising We will write a custom essay sample on The Theme Loyalty in The Kite Runner specifically for you for only $16.05 $11/page Learn More For the first time, the theme of loyalty comes to its prominence in novel’s scene when, while trying to defend Amir, Hassan aims his slingshot at Assef: â€Å"I turned and came face to face with Hassan’s slingshot†¦ Hassan held the slingshot pointed directly at Assefâ€⠄¢s face† (21). Even though, while remaining friends with Amir, Hassan never ceased being treated with a subtle disdain, due to his ethnic background and his low social status, Hassan’s helping hand was always there for Amir. Unfortunately, the same cannot be said about Amir, because main character’s lessened sense of loyalty did not derive out of his existential idealism, as it was the case with Hassan, but was rather a byproduct of his rationally functioning psyche. The plausibility of this suggestion becomes evident in the scene when, after having considered the possible consequences of his involvement, Amir refrains from stepping forward, in order to prevent Hassan from being raped by Assef – hence, proving himself an ultimate coward in its own eyes: â€Å"I had one last chance to make a decision. One final opportunity to decide who I was going to be. I could step into that alley, stand up for Hassan†¦ Or I could run. In the end, I ran. I ran bec ause I was a coward† (39). Apparently, at the time, Amir was not aware of the fact that his refusal to stand up for Hassan accounted for his lessened ability to act as a man, while facing life’s challenges. Nevertheless, as novel’s plot unraveled, it was becoming increasingly clear for Amir that, in order for him to be able to relieve his deep-seated sense of guilt, due to the memory of what had happened; he would have to somehow prove its loyalty to Hassan. The problem was that, as it has been revealed to Amir by Rahim Khan, Hassan ended up being killed by a ravaging mob of Taliban guerillas. Yet, Hassan’s son Sohrab was able to survive an ordeal. And, after having been presented with Hassan’s post-mortem letter, where his former friend was asking him to take care of Sohrab, Amir realized that his willingness to look into Hassan’s request would account for his ability to repay for Hassan’s loyalty with loyalty. This was exactly the re ason why, despite being perfectly aware of the full spectrum of dangers, associated with taking a trip to Afghanistan, Amir nevertheless had decided in favor of this undertaking.Advertising Looking for essay on american literature? Let's see if we can help you! Get your first paper with 15% OFF Learn More Apparently, it was Amir’s ever-present sense of guilt, which had prompted him to go to Afghanistan: â€Å"I have a wife in America, a home, a career, and a family. But how could I pack up and go back home when my actions may have cost Hassan a chance at those very same things?† (114). After having arrived to Afghanistan, however, Amir realized that his price for proving loyalty to Hassan was even higher – it was not only that he had to face dangers of staying in Taliban-ruled Afghanistan, but that he also had to face the ultimate showdown with Assef, who by that time became one of Taliban’s war-lords. And, it was not because he was able to subdue Assef physically, but because, for once in his life, Amir did not have any second thoughts, while defying his old arch-enemy, that he ended up achieving a moral victory over Assef: â€Å"I don’t know at what point I started laughing†¦ And the harder I laughed, the harder he kicked me†¦ What was so funny was that, for the first time since the winter of 1975, I felt at peace† (147). The reason why, while fighting Assef, Amir experienced a sensation of inner peace, is that by doing it, he was able to prove its loyalty to Hassan. As novel’s consequential and highly mystical scene implies, the deceased Hassan did in fact appreciate Amir’s long-awaited token of loyalty. Just as Hassan used to do, his son Sohrab raised a slingshot and shot Assef right into his eye: â€Å"The slingshot made a thwiiiiit sound when Sohrab released the cup. Then Assef was screaming. He put his hand where his left eye had been just a moment ago. Blood oozed between his fingers† (148). The context of this particular scene suggests that the consequence of Amir proving himself courageous enough to act loyally towards Hassan’s son, was reestablishment of a friendship between Amir and Hassan, even though the latter was no longer living. Thus, just as we had pointed out earlier, there are good reasons to believe that it is specifically the theme of loyalty, which binds plot’s spatial developments into semantically unified compound. Apparently, it is namely author’s masterful exploration of this particular theme, throughout novel’s entirety, which provides readers with the insight onto the fact that the extent individual’s ability to act loyal towards his friends is being reflective of the extent of such person’s existential manliness.Advertising We will write a custom essay sample on The Theme Loyalty in The Kite Runner specifically for you for only $16.05 $11/page Learn Mor e References Hosseini, Khaled. The Kite Runner. New York: Riverhead, 2003. This essay on The Theme Loyalty in The Kite Runner was written and submitted by user Neil T. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Write a Sample Essay on Communication

Write a Sample Essay on CommunicationThere are many situations in your life where you will need to write a sample essay on communication. It may be as simple as, you have a business meeting with a client and you need to use a sample essay for your presentation.You may need to write a communication essay for an upcoming seminar. For example, you need to use a sample essay on communication for your presentation on communication. There is nothing more intimidating than facing others in your field of study in a seminar and being forced to use a sample essay on communication. In fact, it can be considered embarrassing.What do you do when you find yourself in a situation where you need to write a sample essay on communication? How do you find a sample essay that is relevant to the type of communication you are required to write? How do you find the information you need about writing a successful communication essay?First of all, you don't want to use a large school textbook. This is one of the most common mistakes made by college students. A large book is too intimidating to read. If you get overwhelmed with information, you are less likely to make progress on the project.Instead, you should take the time to find a student's education and find an essay related to that topic. The essay should be written at least slightly shorter than the length of your work. Don't use any advanced information that you may know but would not use in a college class.If you cannot find an essay on communication at your local library, you can search the Internet. A lot of online resources have sample essays available for people who are interested in writing a communication essay. However, you should be aware that there are many resources available online.It is best to use a resource that has a lot of quality information and have all of the samples on one page. Make sure that you understand the essay before you start writing.Finally, be sure to use the right format for your student's essay. Don't make the mistake of using the first or last paragraph as a beginning or ending paragraph. Instead, use the introduction and the conclusion as the beginning and the end of the essay.

Chickenomics essays

Chickenomics essays Chickenomics is a short twenty minute instructional video tape on the basics in economics. The video tape uses an original man in a chicken suit idea to explain economics. The five basic characteristics of economics are explained in an easy and simple way using the Chicken. This video tape is a great way to teach the basics of economics. The video starts off by introducing the chicken. The chicken is originally a man in a chicken suit who works for a Los Angelus radio station. The Chicken -as he is referred to in the video- now also works as a Mascot for a baseball team. To show some of the basic concepts of economics a question is asked why is this chicken in 250 million born every year so successful? The five basic characteristics of a Market Economy are introduced to answer that question. The first is that a market economy has private ownership of resources. This means that labor and other types of resources are government protested ownerships. In the video it is explained that the Chicken or the man in the chicken suit is a rare individual who has the skill of entertaining people. The second characteristic of a market economy is Self interest motives. This means that each person is free to pursue whatever job or position in the market he desires.*** The third characteristic of a Market economy is consum er sovereignty. This means that the market is controlled by consumers and that only the products that the consumers want are produced.*** The fourth concept in a Market Economy is that it is a market. The Market Economy being a market means that everywhere a transaction is made or every where a product or service is bought or offered.*** The last characteristic of a Market Economy is Competition. Competition is other people or companies offering the same product. To explain why this is such a good thing in the economy the video uses the example of the Chicken sellin ...

Analysis of Sheet Music, Johann Sebastian Bach

Score analysis Many people are listening to music and enjoying music, but not everyone analyzes music to find more complex things like formal analysis and melody. However, by checking the music of these things, you can better understand the music. This makes people more appreciate music. Some of the best music analysis is classical music. This is because classical music has various levels and has been tested for many years. In this article I am examining Bach's preface to D Major - Fuga's work on background, formal elements, and cultural elements. Johann Sebastian Bach is the youngest eighth child of Johann Ambrosius Bach musician and Elizabeth Lemmerhirt. Rod Bach is known for his musicality in the early 16th century. Many of Johan Sebastian's ancestors were professional musicians. Meanwhile, churches, local governments, and aristocrats supported musicians, especially in Thuringia and Saxony. My father Bach lives and works in Eisenach. There are about 6,000 inhabitants in this city. John Ambrosius's work includes holding secular concerts and church music performances. John Sebastian Bach, born in Eisenach, Germany on March 21, 1685, is the youngest of the church organists John Ambrosius Bach and Elizabeth Ramel Bach. Bach's musician family can be traced back to 7 generations. This family is also a devout Lutheran (religion based on beliefs of faith, God forgives their sins). Bach accepted his father's violin course. He also has a beautiful voice and sings in the church choir. In 1694, his mother and father died within two months. At the age of 10, Johann Sebastian moved to Germany's Odrap and lived with his brother John Christophe, the organizer of St. Michael's Church. Johan Sebastian received his first instruction on keyboard instrument from him. Johann Sebastian Bach's father, Johann Ambrosius Bach, taught him how to play the violin and harp when he was a child. After his father and mother died within 9 months, John Sebastian lived with his younger brother John Christophe Bach. Organist John Sebastian studied the organ and harpsichord under his brother's supervision. John Christophe believes that his brothers will learn many compositions by copying the work so that they will copy Jacob Froberger, Johann Casper Kell, Pachelbel's work to J. Sebastian I asked. Then, when he became a member of Mettenchor (Mattins Choir), J. Sebastian can be learned at the music library of Luneburg Stadium.

Energy drinks, possible benefits and health risks Essay

Energy drinks, possible benefits and health risks - Essay Example EDs are also purported to enhance alertness and performance .In addition, the paper will also examine the various risks associated with ED which include undesirable effects of caffeine, dangers of mixing EDs with alcoholic beverages, addiction to the drink as well as weight gain which may result in obesity and other cardiovascular ailments. Nevertheless, consumption of energy drinks continues to rise and several people fall prey to the advertising of these drinks. There is therefore need for more research as well as practical steps to protect public health, especially vulnerable individuals such adolescents and pregnant women. Energy drinks(ED) can be described as beverages that are typified by the addition of different energy-enhancing elements and are claimed to enhance concentration, athletic performance, reaction time as well as basal metabolism (Burrows, et al, 2013).Energy drinks therefore contain modest to comparatively high concentrations and levels of caffeine, as compared with other beverages that contain caffeine such as cola. Energy drink’s popularity has increased exponentially, recording a 240 percent rise in sales from 2004-2009(Reissig, et al, 2009). Thus, within the quickly growing beverage sector, there is dominance by Red Bull which commands 42% of the market share in the US. Red Bull in 2011 sold over 4 billion units in more than 160 states globally. Reports indicate that males aged18-34 years are the greatest consumers of EDs though increased consumption has also been reported amongst younger children as well. In addition, 31% of children aged between12-17 years and 34 percent of young adults aged between 18-24 years reported regular consumption of the energy drinks; with approximately 57 percent of college students claiming frequent use of energy drinks. Energy drink’s regulation comprising their health warnings and content varies

Public Law and Administration Assessed Problem Question Essay

Public Law and Administration Assessed Problem Question - Essay Example Introduction Section 71, Part 1 of the Children Act 1989, requires that every local authority should keep a register of all childminders, within the authority’s area (The National Archives, 2013). All childcares should register with a regulatory authority such as Ofsted. These childcares include childminders and nurseries (Islington, 2013, p, 3). In running childcares such as nurseries, welfare requirements should safeguarded through child protection, suitability of people through appropriate training, maintenance of health and ensuring suitability of premises, environment and equipment. These requirements were reinforced by the death of Peter Connelly in 2007, whereby steps had to be taken to protect children from harm (Macleod, Hart, Jeffes, & Wilkin, 2010). There are various types of childcares that operate in the UK. Childcare on domestic premises refers to a case when four or more persons take care of children in someone’s home while childcare on non-domestic homes is when a person /organisation provides care for children on non-private premises (Ofsted, 2013). These include nurseries and village halls that are built with the purpose of providing children with care and education. They can be private nurseries, pre-schools and voluntary nurseries. Childminders are people who provide childcare for one or more children (Ofsted, 2013). These children are normally aged between zero to five years and they are not related to the childminders, and the childminders undertake this activity in someone’s home, usually their own home, with the aim of a reward (Ofsted, 2013). This paper provides advice on the possible success of a judicial review application, bringing action in private law or seeking redress through alternative grievance resolution mechanisms involving four different cases. These cases involve Flowerpot Nursery, Lambkins Nursery, Kingdom Nursery and Elephant Nursery. Advice is provided in regards to The Nursery Registration Act 2013 , which gives local authorities a duty to register and inspect childcare services, revoke registration and licences of nurseries and award grants to Childcare providers. X (minors) v Bedfordshire County council a) Flowerpot Nursery The Flowerpot Nursery had its licence revoked by the local authority. Before, revocation of the nursery’s licence, there was a public hearing, which was chaired by the inspector who inspected the nursery and recommended revocation of the nursery & apos’s registration. The Flowerpot Nursery’s premises were pronounced unsafe for children because the equipment in the outdoor area had a serious health and safety risk to the children, according to the inspector. However, during the public hearing, The Flowerpot Nursery was not permitted to have legal representation. On the other hand, the local authority brought forward several expert witnesses to support the case for revocation, and owners of the Flowerpot Nursery did not get an opportuni ty to cross examine the expert witnesses. The Flowerpot Nursery has become insolvent due to the revocation of its licence. It should be noted that childcare centre’s buildings should comply with the Building Act, Building Regulations, London Buildings Act and the Department for Education (Islington, 2013, p, 10). Secondly, the local authori