Business Law Essay Example | Topics and Well Written Essays - 1000 words - 5

Business Law - turn out ExampleFinally, the contract should not be objectionable through impossibility, illegality or because it is against popular policies (Young 2009, p.10). Discussion (a)In responding to case of mother fucker and Josephine, the paper will explore more on written contracts in order to determine whether their contract was valid. Having written contracts is lots safer than verbal contracts. A written contract offers more certainty and at the same time reduces business risks by making the clarity on the system from the start of the engagement. Written contracts act as proof of what was agreed on by the involved parties, which acts as security of any disputes. This form of contract is in any case essential since it provides details on payments, timeframes, and ways on how to solve arising disputes. The other notable thing regarding written contracts is the provision of how they can be varied and conditions chthonian which the contract can be terminated (Charman 2013, p.23). Looking into hawkshaw and Josephine case, one can point out that there were attempts by the two to make a verbal contract, but due to the underlying circumstances, the verbal contract was never reached. This is evident from the situation that, after Peter made up his mind that he would purchase the painting, he could not reach Josephine via to reach an agreement that he will be going for the painting. Instead, Peter left a phone put across and also sent a letter to Josephine, but Josephine sold the painting before listening to the phone message or reading the letter. Therefore, this implies that the two never made any agreement that Peter would buy the painting, which makes it clear that Peter did not cod a valid contract. (b) A brief overview on what the special K law says about the exemption clause will be helpful in understanding Peter and Larry case. One general feature of written contracts is the fact that the companionship issuing the contract seeks to minim ize its liability under the contract either wholly or partially. Exemption clauses can claim to reduce what would be the defendants duty they can claim to restrict the liability, which would otherwise translate to a breach of contract or claim to exclude the party in default fully to cover the other party. In most cases, exemption clauses are applied by stronger parties against weaker parties (Taylor & Taylor 2007, p.57). In the case of Peter and Larry, Peter issues Larry with a ticket that has an exemption clause at the back. The clause states all items left in the cloakroom are at the owners risk. We do not accept liability for any loss or damage of items however, caused. Despite the fact that the same message placed at the back of the cloakroom was obscured, it was Larrys responsibility to read and understand the exemption clause at the back of the ticket. Since the clause exempts Peter from being responsible for the loss of Larrys coat, Peter should utilize it in defending hims elf against compensating Larry for his loss. In Parker v South Eastern Railway (1877) 2 CPD 416 case, the plaintiff left his bag in the cloak-room at the line station. The plaintiff was issued with ticket that was written see back. On the back side there were several clauses including one that stated Business law Essay Example Topics and Well Written Essays - 2000 words - 8Business law - Essay ExampleWhealan, 1934).The trial judge in the case posed a query In receiving the money did Peter Whelan act under threats of immediate death or hard personal violence? The answer of the jury was in the affirmative. The trial judge actually ruled that plain though the defendant was forced to accept the stolen money that is he was under duress, but still this cannot be a defence. It only acted as moderation. The court of criminal appeal noted that if a defendant acts under duress then an acquittal will be rare. Thus because of this the case was decided on the general principle of duress (19 34 IR 518, 524).But the Court mentioned that the application of the general principle will have to be limited to certain extent. In this case the Court stated that where the excuse of duress is applicable it moldiness further be clearly shown that the crush of the will was operative at the time the crime was actually committed, and, if there were reasonable opportunity for the will to reassert itself, no justification can be found in antecedent threats.1Thus, the common range of the protection of duress, as sketched in Whelan, is that the will of the defendant must have been overborne by the threats, the duress must be operating when the offence is committed and if there is an opportunity for the individual will to reassert itself and it is not taken, a plea of duress will bolt (in AG v. Whealan, 1934).In Attorney General v. Whelan, it was found that the defendant was in menaces and this was acknowledged to death or serious violence. In this case even though no real threats were f aced by the defendant, but it was found that the existence of the person threatening was gird. It was also noted that the person so armed was such a person who will not hesitate even to use the pistol, was adequate to amount to a risk of death or serious violence.2The ratio decidendi in the case was based on the principle of neighbour even though it was