Tuesday, July 23, 2019
Case Study of a Legal Senario Essay Example | Topics and Well Written Essays - 1750 words
Case Study of a Legal Senario - Essay Example 211). The external appearance of the contents of the contract is given premium here because social and economic dictates require the protection of the plain wordings of contracts. The contractual agreement between the two parties created rights and obligations which are enforceable by the courts (von Bar, Drobnig, and Alpa, 2004, p. 66). In this case, the contractual relations between Buildrite and Bistrot created the rights and obligations for both parties ââ¬â for Buildrite to build the extension by November 15 and for Bistrot to pay the price agreed upon. The fact that the wages of the workers were only at minimum wage and the labourers left the employ of Buildrite does not play into the contract between Bistrot and Buildrite. The issue of employment between Buildrite and its employees is not included in the terms of the contract between Bistrot and Buildrite. It is the obligation of Buildrite to fill in its employee vacancies without having to charge Bistrot for the cost of t he additional employees. The two parties did not include in the terms of their contract the fact that Bistrot would have to pay additional cost should Buildriteââ¬â¢s workers leave the firm and leave the latter shorthanded. The elements of a contract are: agreement, consideration, intention to create legal relations, capacity, consent, and form. The contracting parties agree on and accept the terms of the agreement (Mead & Sagar, 2005, p. 38). Beyond such terms and agreement, the contract cannot apply and a possible breach of contract would be seen if either party does not fulfil his end of the contract. In the above case, the parties agreed on the terms of the contract and nowhere in the contract does it indicate that Bistrot will cover additional cost for the renovation. The consideration is usually monetary and the amount has
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