- assignments basic law
Assignments: The Basic Law
The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.
As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.
The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.
Basic Definitions and Concepts:
An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).
An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.
The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.
Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.
No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.
Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)
The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.
The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)
The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.
More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.
And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.
Novation Compared to Assignment:
Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”
A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.
Equitable Assignments:
An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.
In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.
An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.
Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .
But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.
Enforceability of Assignments:
Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.
In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.
After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.
Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.
Assignment of Contractual Rights:
Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.
If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.
In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).
On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.
The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.
Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.
A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.
Noncompete Clauses and Assignments:
Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.
A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.
Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.
Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.
A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.
Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.
A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.
Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.
It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)
It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.
Conclusion:
In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.
As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.
One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.
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109 Contract Law Essay Topics
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134 Contract Law Essay Topic Ideas & Examples
🏆 best contract law topic ideas & essay examples, 👍 good essay topics on contract law, 📝 simple & easy contract law essay titles, 📑 interesting topics to write about contract law, ❓ contract law essay questions, 💯 free contract law essay topic generator.
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- Contract Law: Breach of Contract and Remedies Available For any claim to contractual material breach to be successful, the injured party must establish that: indeed there was a contract; the defendant is indeed the right party to bring a claim, the contract was […]
- Contract and Sale of Goods Law It is clear that Blackboard was aware of the purpose that PostersPLUS intended to use the vinyl film at the time the contract was entered into between the two firms.
- The English Contract Law: Terms and Classification To determine a legal contract, the courts look for the following into the contract; the transaction stage, which the transaction took, place, the importance that the representee connected to the declaration together with the skills […]
- Business Management Affairs: Contract Law This report highlights the requirements and content of the contract, as well as the consequences for breach of contract by the judges.
- Essential Contract Law: History and Theory The fundamental nature of a contract is a legally binding accord, that is, a reciprocal appreciation among the parties, in regard, to the essence of the contract.
- English Contract Law: Fundamental Principles The buyer has an obligation to pay the price and the seller is obligated to transfer ownership to the buyer. Acceptance of the offer implies that there is an objective expression, by the recipient, of […]
- UAE and UK Contract Law: Misrepresentation and Duress Contract law is the agreement that should clear identify the situation and help the parties be equal; misrepresentation and duress can influence the quality of the contract and have to be properly understood by the […]
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- Minors and Contract Law: Hallman v. Lemke But if Jeremy’s actions and the act of entering into the contract was overseen with his parents or guardians in the presence of the sales personnel, the company will be able to sue for damages […]
- Business Ethics and Contract Law While analyzing the nature of relationships between the supplier and Don from the ethical perspective, it is necessary to support the cessation of doing business with Don.
- Promissory Estoppel in English Contract Law In regards to the case between Brian and Harry, Harry won the case in which he claims a breach of contract by Brian.
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- Contract Law: Nike, Inc. vs. Eugene McCarthy The United States Court of Appeals, Ninth Circuit affirmed the decision of the district court that Eugene McCarthy violated the agreement, provided potential harm to the company, and had to leave the position offered by […]
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- Contract Law: Car Buying Agreement and Fraud When considering the purchase of a car, one must be aware of the legal specifics of the process, as the case of Jim and Laura shows quite clearly.
- Contract Law: Foodmart Inc. vs. Masterpiece Construction The client will therefore have the right to repudiate the contract on the basis that the terms of the agreements have not been upheld.
- English Contract Law: Gibson vs. Manchester City Council Rather, it merely stated that the house “may be prepared to sell” and that the letter was not a “firm offer of a mortgage”.
- Contract Law: Refund for Cancelled Trip Payments The problem was in the fact that Burt decided to cancel the vacation, and he needed to receive the refund related to the reservation payments.
- Contract Law: Offer in the Acorn Computers Case It is a general rule that when an offer is made as was done by B supermarkets, the contract becomes binding the moment an acceptance is made by the offeree.
- Contract Law: Legally Binding Agreement with Minors However, the law allows a minor to enter into contracts for the supply of necessities if no adult can provide the necessities.
- Contract Law: Breach, Mutual and Unilateral Mistake The implication of this is that the contract would have ordinarily remained valid until the time the plaintiff moved to have it avoided.
- Contract Law and Agreement in Business As the partnership involves financial issues, it is advised to create a contract to secure the operation and have a legal basis for possible complaints.
- Contract Law in Different Countries The applicability of certain laws therefore becomes the basis of a legal system and how this can be utilized in the greater complexity of certain involvements and participations. Lastly, conflicts of law and harmonization process […]
- Three Articles on Contract Law Comparison The article examines substantial body of case law in the UK on the interpretation of Articles 3 and 4 of the Rome Convention on the law applicable to contractual obligations which emerged in 2000.
- Law of Contract: Aspects of the Lease Issue Manchester Citi Council, it was reaffirmed that although the Council may have not signed and delivered the documents, whereupon the customer had signed and delivered the documents for onward transmission to the buyer, the contract […]
- Contract Law: Sand Diego Case In this case the old contract is discharged and there is a substitution of anew contract By vicarious performance: It is open to the parties to have their contract performed vicariously by another person, provided […]
- Misrepresentation Under Contract Law This case is a case of negligent misrepresentation because the finance officer made the statement without knowledge of the capacity because he had not gone to the building to ascertain the facts of what he […]
- Contract Law: Introduction to Legal Analysis and Writing It is on the basis of this information and other materials not mentioned in the case that he manages to convince Mr.
- Contract Law: Promissory Estoppel and Part Payment In the case of promissory estoppel, consideration has centered on the notion of exchange or bargain as a reasonable basis for the elucidation of what is meant by promissory estoppel in payment of consideration under […]
- Criminal and Contract Law in the Healthcare Sector It is therefore important for healthcare professionals to conform to the criminal laws and the terms and conditions of their contracts.
- Avoiding & Settling Disputes Under Sales Contract Law The major peculiarity of this problem lies in the following: the seller of the car officially disclaimed any liability for the injuries and repair costs caused by defects in the vehicle.
- Joint Liability Under English Contract Law If this is a case of common co-debtorship, D will have to sue A, B, and C jointly to claim the horse.
- Acting in Good Faith: Contract and Agency Law To start with the validity of the contract should be analyzed; and in this case, the two contracting parties had agreed mutually to reduce the amount to a nominal amount of $150.
- Law Illustrations, Legal Rights, Law of Contract At the same time, the customers of the company, and Thomas and Peter in particular, considered the advertisement to be an offer to the world at large.
- The Contract Law: The Case of James and the Pet Toys There is a distinction between the day and moment that the advertisement was posted in the newspaper and the time that was taken for the letter to get to the manager.
- Contract Law in Business and Consumer Protection When the couple approached the hotel manager, they were referred to the terms and conditions form they had signed as they checked in and one of the terms and conditions read that the hotel will […]
- Contract Law and Legally Binding Relationship The analysis of this case will tend to advise him on the next reaction relating to the competition which was in place, the contract and the letter that he received from the solicitors.
- Law of Contracts: Case no. CA06-1281 in Arkansas The most important aspect of a contract is the offer and acceptance where one party offers an agreement and the other accepts.
- Business Law: The Contract and Tort Law Under the contract of CG and Cambridge city, the offer was given by the city to the CG to collect the garbage in the area of 3000 households for three years with the expectation of […]
- Different Types of Contracts in Law It is a defense in the sense that the two parties had agreed to perform the contract but had not factored in such other contingencies that could render the whole or part of the contract […]
- Government Contract Law: The Case of Boston Shipyard Corp. MSC was aware that at the time of the formation of the contract, BSC was proceeding with a bankruptcy arrangement yet it signed the contract.
- Contract Law: Case Brief on Fiona vs. Black Tie The elements of a contract were all present in the contract that was between the Black Tie Dry cleaning and Fiona and based on the arguments and explanations the company is not liable to any […]
- Contract Law and License: Review But there is also the matter of usage of already existing material and the contracts that are drawn up by companies to make a profit.
- Contract Law: Huang vs. Bill the Builder The main purpose of seeking compensation of damages resulting from a breach is to put the innocent party in its initial position if the breach had not occurred in the first place. Huang had clearly […]
- Importance of Role of Contracts in Sports Law One of the laws which play a truly vital part in the regulation of sports activities is the law of contract.
- Consideration of the Law of Contract In this case, John failed to fulfill his share of the contact thus Chen has this as a basis of not paying the high labor cost, the case says “John builds the extension but does […]
- Law of Contract: The Case of James and the Kitchen Wizard Even though this was not included in the contract, the fact that James was made to believe that he was purchasing the items that he had wanted by the salesperson gives validity to the feelings […]
- Contract Law: Selling Legal Encyclopedias Normally, a contract is established when the offeree and the offeror agree to the terms of their negotiation. In the above case, Carrie made an offer to sell a set of encyclopedias to Antonio.
- Contract Law: The Impossibility of Performance The paper will include a discussion of the elements of the impossibility of performance and the three situations where the defense can be used; and a discussion of commercial impracticability and its application to the […]
- Researching the Law of Contract The offeror entails “the party making the offer while the offeree refers to the party to whom the offer has been made and a serious and objective intention on the part of the offeror must […]
- Singapore Contract Law Analysis Therefore, D & D shopping mall would be exempted from the damage of the car because they had referred to the clause in red.
- Contract and Agency Law: Overview and Analysis In the case of Carlill v Carbolic Smoke Ball Company, the court of appeal held that the advert made had all the requirements of an offer and was, therefore, an offer in itself.
- Contract and Agency Law: Restraint of Trade A typical restraint of trade clause on an employment contract will be: The employee agrees that he or she will not, after the termination of the employment contract with the employer, either directly or indirectly, […]
- Contract Law: Alpha Bookstore’s Delivery Issues The area of law that this case relates to is contract law, and the bookstore has remedies for the problems with the contract and lost chance.
- English Law of Contract: Theory and Examples This means that the finding of the painting preludes the obligation for paying the reward without the necessity of proof of offer acceptance.
- U.S. Contract Law: Basics A significant role in the emergence and development of the theory of the U.S. contract law belongs to the American jurists Langdell and Holmes.
- Contract Law Cases: Suspicious Directors in Firms The legal duty of care assigned to the defendant is one that emerges independently of contractual responsibility, and expressly, in the absence of a contract.
- Contract Law: The Case Study The former decides to sue Johnny for breach of contract on the two commitments, buying the car and the $10,000 offer.
- Woody Allen vs. Amazon Contract Law Case The reasons given by the court were that the defendant and the plaintiff settled their issues in private and the appellant withdrew the case.
- Business Laws in Contract Termination In the contract between the Commonwealth Government of Australia and Chill-Out company, dissolution can be applied because of the poor performance of the employed enterprise, as in the case of Abrams v RTO Asset Management.
- Business Law: Contracts with Intoxicated Persons It is the client’s goal to rescind the contract, and she can do so in correspondence to the capacity to contract and duress and undue influence.
- Agreement and Contract Law in the United Kingdom
- Alive and Well: The Good Faith Principle in Turkish Contract Law
- Australian Contract Law Should Be Codified
- Business and Corporation Law: Contract Law and Dispute Resolution
- Contract Law and the Institutional Preconditions of a Market Economy
- China’s 2008 Labor Contract Law: Implementation and Implications for China’s Workers
- Comparing Chinese Contract Law and English Contract Law
- China’s New Labour Contract Law: No Harm to Employment
- Conflict Resolution in the Australian Contract Law
- Creditor and Debtor Relationship in Contract Law
- Contract Law and the Doctrine of Consideration in the United Kingdom
- Economic Reasoning and the Framing of Contract Law
- Contract Law and the Governance of Inter‐Firm Technology Partnerships
- Efficient Third Party Liability of Auditors in Contract Law
- Contract Law and the Self-Enforcing Range of Contracts in Agriculture
- Embedded Options and the Case Against Compensation in Contract Law
- Contract Law: Elements and Specific Terms in Business Contracts
- Faulty Goods and Unfair Contract Exclusions: Cases of English Contract Law
- Contract Law Enforces the Right of Contractual Freedom
- Good Contract Law: Termination or Renegotiation of Contracts
- Contract Law From Christian Worldview Perspective
- Insurance Contract Law and the Concepts of Misrepresentation and Non-disclosure
- Contract Law From Law and Economics Perspective
- International Business Climate and Germany Partnership, Agency, and Contract Law
- Contract Law: Legal, Ethical, and Social Issues in Computing
- Law for Engineers: Analysis of Contract Law
- Contract Law, Mutual Mistake, and Incentives to Produce and Disclose Information
- Multilateral Reputation Mechanisms and Contract Law in Agriculture
- Contract Law: Privity and the Rights of Third Parties
- Mutual and Unilateral Mistakes in Contract Law
- Contract Law: Process, Components, Methods
- Quase Contracts Under Indian Contract Law
- Contract Law Questions Regarding the UCC and UCITA
- The Just Price Doctrine and Contemporary Contract Law: Some Introductory Remarks
- Contract Law, Social Norms, and Inter-Firm Cooperation
- The Past Flaws and Issues of UK Contract Law
- Contract Theory and the Limits of Contract Law
- The Postal Acceptance Rule in Contract Law
- Understanding Contract Law and How to Form Contracts on the Internet
- Comparing Verbal Agreements and Contract Law
- What Is the Meaning of the Contract Law?
- How Can the Terms of Contract Law Be Violated?
- What Are the Past Shortcomings and Problems of UK Contract Law?
- What Is the Principle of Good Faith in Turkish Contract Law?
- How Will Contract Law Apply?
- What Are the Legal Consequences of Australian Contract Law?
- What Is the Difference Between Agreement and Contract Law?
- What Is the Essence of the New Labor Contract Law in China?
- What Are the Implications of China’s Labor Contract Law for Chinese Workers?
- How Does China’s New Labor Contract Law Ensure No Harm to Employment?
- What Are the Rules of Contract Law?
- How Does Australian Contract Law Resolve Conflicts?
- What Ethical Issues Does Contract Law Raise?
- What Are the Main Aspects of Contract Law?
- How Can You Explain Contract Law From the Point of View of Law and Economics?
- What Is a Precedent in Contract Law?
- What Are the Basic Principles of Contract Law?
- How Does Contract Law Govern Interfirm Technology Partnerships?
- What Is the Role of Contract Law in Agriculture?
- What Are the Elements and Special Conditions of Contract Law?
- How Can You Explain Contract Law From a Christian Perspective?
- What Are the Consequences of Violating the Terms of Contract Law?
- How to Avoid Mistakes and Fraud in Contract Law?
- Contract Law: What Are the Requirements for a Contract?
- What Is the Relationship Between the Creditor and the Debtor in Contract Law?
- How Contract Law Affects Small Businesses?
- How Can You Analyze E-Business Contract Law?
- What Are the Elements of Contract Law?
- How Does Contract Law Govern Sales Agreements?
- What Is the Contract Law Worksheet Assignment?
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Looking for a Contract Law Assignment Sample?
Author : Andy
A contract is like a legal bond that protects any two parties entering into an agreement like a mother protects her two children from fighting. Similarly, a contract law assignment sample helps protect students from losing marks due to late submissions. The subject comprises of various topics that must be understood by any student studying a law course. It is studied across various universities in Australia.
Need Help With A Contract Law Assignment?
The assignments given for law are generally in the form of case study, case reviews and critique, and in the form of question and answers. However, due to the various types of assignments given, students often get muddled between the different formats of writing their assigned task. The method of giving students assignments to test their knowledge is often used by universities across the world.
Types of Contract Law Assignments
As discussed above, there are various topics in contract law assignments. However, they will only be of a few certain types, some of which are enlisted below:-
Case Study Contract Law Assignments
Any case study requires a comprehensive analysis of any factual case and takes into consideration the point of view of the writer. Moreover, the writer must provide any future repercussions or suggestions in regard to the given case.
Case Review and Critique Contract Law Assignments
When writing a case review and critique contract law assignment, it is required to review a case and then critically analyse the proceedings and findings of the same. A critical analysis takes into consideration both positive and negative aspects.
Question Answer Contract Law Assignments
Assignments that are in the form of questions and answers are not in regard to a case, but in fact, test the theoretical knowledge of the student writing it.
Contract Law Assignment Sample
Here is a contract law assignment sample which was written by an academic assignment writer at My Assignment Services. The assignment given was to write an essay about when the contract is formed between the customer and service provider. It was required to discuss:
- The contract law requirements when it comes to a service provider operating through an app
- The process through which the service provider and consumer interact
- When an enforceable contract is formed during this process.
Let us take a look at how the assignment writing experts have taken on this mammoth of a challenge!
Introduction
Operations of uberx, general law, learn how to acknowledge any source of information using the apa 7th style ..
Characteristics of an offer
Requirements for an acceptance, interaction, find the best contract law assignment writing here.
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Andy Johnson has been offering finance assignment writing help to the students of the Australian universities. He started as a finance expert at one of the fortune 500 organisations. After a few years with his job, he realised that he wanted to aid students who are struggling with their daily academic needs and assignment queries. That’s when he came on board with My Assignment Services. His knowledge and skills have earned him quite a reputation with the students and professionals alike in the industry. He has qualified the CFP Certification Program.
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Top 50 Contract Law Dissertation Topics for the Year 2021
- June 29, 2021 July 15, 2021
‘Trust’ is the most demanded word that individuals and civil bodies tend to explore to overcome the challenges of uncertainties. We all are familiar with the fact that trust is not a leverage that is easy to purchase and there must be certain enforcing agreements that can bind all the concerned parties. It ensures that all the associated parties could move forward with complete peace of mind. Contract law is basically the regulatory body of the law that is responsible for making and enforcing these agreements to safeguard the interests of the dedicated parties.
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A contract is primarily an agreement that in case violated can grant the right to the victim to move to a court. The party enduring the loss can anticipate a fair remedy in case there is a breach. The students hiring law assignment help for contract law subjects always anticipate assistance from the law practitioners turned academicians. As they are the ones who are literally familiar with all the recent amendments in the sub-sections and clauses of the law, they can help us submit undisputable law dissertation assignments.
Introduction
The students pursuing a syllabus in contract law either decide to hire assignment help to outsource the whole work or take the whole responsibility their own shoulder to get the homework done. Here, the latter option is pretty much challenging as students must totally rely upon their own instincts, research base, writing prowess and editing skills without any professional intervention. But most of the students find themselves stuck even with the selection of the right contract law dissertation topic.
As a responsible assignment writing services agency, it is our motto to assist our students to every possible extent free of cost. That is the reason why, we are offering them here the list of the most comprehensive contract law dissertation topics covering all the aspects of diverse assignment homework requirements. Our recommended list of the topics helps them cover the assignment topics related to companies and consumers enforcing contracts for the purchase and sale of goods, licensed products, or activities, etc. Additionally, these laws play a pivotal part in the enforcement of the agreements related to employment, insurance, and much more.
Why the Study of Contract Law is Important?
The study of contract law is extremely critical for the students to open new avenues of opportunities for a bright future ahead awhile practising law. Let us look at the components of a well-drafted contract that deliver our businesses as many advantages such as –
- The clarity in agreements, business relationships, and the rights and duties of the parties.
- Eschewing the potential contract disputes as well as litigation.
- Preventing the misinterpretation of agreements and communications.
- Safeguarding intellectual property, asset values, and real property.
- Better and effective management of the commercial relationships.
- The built-in agreements regarding the resolution of the disputes via mediation, arbitration, or a court in a specific jurisdiction.
- The documentation to permit comprehensive review and representation by a fully-fledged business attorney of law.
When we are submitting our assignment homework document with professional dissertation help from the experts, then it will ensure the incorporation of the components that are valued highly in terms of the allocation of the grades.
Explore the most trending topics in the field of criminal law assignment submissions at the below link and pick one to make your next submission truly impactful right at first sight.
Must read: top 20 criminal law dissertation topics trending in the year 2021, the elements framing a legally binding contract.
A contract must involve the participation of at least two or more parties and usually required to be penned down in writing. It is more than a casual promise made between strangers or friends and a court or other legal system might take steps to make the contract enforceable. It will reserve the right to compel the parties involved to strictly follow what has been written/ agreed to in the contract.
- An Offer: It can be verbal or written as a promise to successfully execute some action (or refrain from it) in exchange for the set of agreed upon terms. Yes, verbal offers do not stand much chance when it comes to a case in the court of law.
- Acceptance: In the business contracts, all the terms and conditions are prerequisites in the writing form only. It always ensures that there is not even a shred of doubt left to lay out the points involved in the consent for acceptance. Some of the key points shall include the rights of revocation, expiration dates, suitable forms of acceptance, etc.
- Consideration: It is the value that each participative party brings forth to a contract. It can be monetary, a barter deal or a promise to carry out a favour in exchange for a particular act. All these expectations are anticipated to be spelled out in a crystal-clear sense, instead of leaving up to the law to interpret later.
- Mutuality of Obligation: It is the binding agreement that exists between the parties to all the terms of consideration. In case, one party in the contract hold more leverage, for instance the right to cancel the contract, then the court would have the right to decide whether the mutual terms of obligation has been met or not. In case it has not been met, the court can proceed with the action to invalidate the contract.
- Competency and Capacity: It is imperative for a legal contract to involve the participation of the parties that are legally competent enough as well as in the capacity to agree to the terms mentioned in it. Minors as well as the individuals with restrained mental capacity are deemed unsuitable for the participation under any circumstances. Besides, individuals who are not in the capacity to read and write are also regarded as inappropriate.
When an expert pen down a contract law dissertation topic on our behalf, all the elements pertinent to a rightfully binding contract will remain incorporated in one way or the other. An online assignment help from the right agency would ensure that all the set yardsticks of assignment instructions are duly fulfilled to aim for the top grades on your behalf.
How Our Given List of Contract Law Dissertation Topics Can Make the Difference?
Attending a law school assignment homework is not a one-time state of affair. Our entire curriculum every semester is bombarded with dozens of law assignment homework. It is not merely about dissertation writing only, rather can be in the form of case study help , essay help , research paper writing help or thesis help that we frequently require to ensure a timely submission. When we have a list of well-thought, relevant and trending contract law topics, then things become much easier.
An examiner or assignment evaluator is first and foremost going to set his or her eyes on the topic chosen by the student. If it can arouse curiosity on the mind of the reader and excite him or her to turn the next page, then half of the battle is already won. Our paid assignment help might not be in the topmost preference list of the students, but we would be gladder to help them enlighten their path with topic selection tips worth adding to future assignment submission pipeline.
Facing trouble to pick the right land law dissertation topic? Read the below outstanding blog to come across the finest choices now!
Must read: top 20 land law dissertation topics trending in the year 2021.
The following are the contract law topics that could cover a vast range of legal aspects on which assignments frequently appear for dissertation homework –
- Why is it essential for small scale entrepreneurs to have proper knowledge of contract law? A primary study from the perspective of the UK.
- Contract Law: Discussing the necessities of the changing global business environment
- Give an analysis of the contract law with respect to shipping and cargo transport across five nations from around the world
- Investigate the criticality of Mudaraba contract under the Islamic law and the impact it has in terms of implementation
- Litigation or arbitration? Principle for the legal decision making
- The changing face of the transnational business and its implications on the contract law
- Comparative analysis of the contract law for small, medium and large-scale enterprises in India
- Discussing law, code, and interpretations from the advent of the digital age
- The US Federal Circuit and the contract law: The factor behind modest decision making policy
- Good faith: An assessment of similarities and dissimilarities under the realm of contract law
- Online privacy policy implications on contract law in Australia
- An assessment of the contract law enforcement in public sector of the emerging economies
- Valuation methodologies of the contract theories: An assessment of the literature
- Labour contract law implementation in a country like China: Practical challenges, worst case scenario and recommended solutions
- Contract law vs unjust enrichment: Exploring the setbacks and the barriers to impelling execution
- Choice Theory of Contracts: A case analysis of the implicit autonomy
- Business dealings in the emerging economies, the non-contractual associations, and the recourse to the law: An analysis
- The role of state in contract law from the perspective of the UK
- An analysis of the complexities in the enforcement of the contract law: The verbal commitments and the non-contractual relations
- The distinction between the EU and the UK post-Brexit contract law: The salient features
- The impact of the labour contract law on the composition of immigrant workforce in Singapore: An investigation
- Exploring deep into the relationship nuances between Business and Human Rights in Law (BHR) and the arbitration in the contract law
- Contract law and the influence of globalization: Investigating the enablers and the barriers against the effective implementation
- The online contracts, the pseudo contracts, and the law: How and what is happening?
- Penalty under the contract law: Arguments from the viewpoint of the Indian Contract Act
- The legal tenets of contract law and property law in the cases of home-sharing: Evidence from Australia
- How the European Union has brought changes to its contract law over the period of time?
- Has the Force Majeure law concept of the French contract gradually eroded the English contract law?
- Canadian contract law vs German contract law: Compare and contrast
- Should the concept of the good faith become the part of the US contract law?
- Discuss and elaborate the history of contract law
- Differentiate between the English contract law and the French contract law
- Has the emphasis of the English contract law on contractual certainty lead to the predictability hindering the growth of ensuring the fairness in the contract law?
- Bring forth the distinction between the terms implied in the fact and the terms implied in the law
- Define all the major components of a contract
- Are the innominate terms and the judicial flexibility in the representation of the innominate terms deem necessary?
- Under what circumstances the breach of a contract shall get a narrow escape: Discuss with the trade examples of a major country
- What are the remedies for the breach of a contract?
- Judicial conservatism and particular performance in the English contract law
- Under the US contract law, should the judicial conservatism over a specific performance is required to be reassessed?
- What are the measures that one can take to eschew misinterpretation of the written clause in an agreement under contract law?
- What are the measures that one can take to set aside a contract that has been framed on the grounds of misrepresentation?
- How one can classify the key differences between future contract and forward contract?
- Discuss the measures to set aside a contract that has been placed upon duress
- How effectively contract law actually deals with the unconscionable exclusion clauses? Discuss with the examples of a few countries
- Warranties vs representations in the contract law: Compare and contrast
- Should there be reforms in the contract law privity rule to facilitate the third party to sue on the grounds of a contract for his or her own gains?
- What are the basic requirements for a contract to be successfully formed?
- Is there any place for consideration in the modern contract law? Or rather should it get replaced by the basic concept of the contractual intention?
- Define all the major forms of forward contract: Discuss with examples how they can be tailored for a specific commodity, price, and delivery date.
It is fully anticipated that the list of contract law dissertation topics provided above would ignite the spark in you to choose the most appropriate topic for the next assignment homework. The list can end your quest for the right contract law dissertation topic across all the upcoming semesters if the need may be. We are gladder that our online homework help in this regard could uplift you from the conundrum of choosing a proven and reliable topic.
Do you wish to explore 50 latest topics in the field of taxation law? Visit the below link and see how a diverse list of an immense numbers of topics could highly boost your taxation assignment submissions and their respective grades.
Must read: top 50 taxation law dissertation topics hotly trending in 2021.
While preparing the list of the contract law dissertation law topics above, our prima facie objective remained to cover different aspects of law. We have tried to cover them with respect to all the major countries of the world where the law is practised. The given list not only feature the topics that can be featured in dissertation assignments but could easily be customised to incorporate different other writing formats as well.
If you have already picked the topic for your next assignment homework from the list given above, but have reservations about the right execution, then it is the time to consult the real pros of the industry. They can not only guide all your queries and question in the right direction but can also deliver practical intervention to finish the homework and submit the same on time.
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60 Impressive Business Law Topics For Your Paper
Posted: October 01, 2020 Under: Uncategorized By no Comments
Business law, also known as commercial law, is a set of integral laws that guide society. To write an impressive research paper on Business Law, it is vital to find a few business law paper topics that not only interest you but also offer scope for research and critical analysis.
You can then discuss the topics with your guide to shortlist the one that offers maximum scope to showcase your research capabilities and get good grades. Here is a list of some great topics for business law research paper, that you can consider. Take a look:
Advanced Business Law Research Topics
These are some advance business law topics that reflect in-depth subject knowledge and research capabilities:
- Can the Exclusion from antitrust laws be good?
- Essential details about Abercrombie and Race Discrimination.
- Various methods of treatments for Accidents in the workplace.
- Age Discrimination Act: What is it?
- How to Avoid sexual harassment lawsuits inside a company?
- How to identify Bankruptcy fraud?
- Everything about the Collective Bargaining Agreement.
- What is the Collective Bargaining Union?
- Corruption in Business Law: how to get rid of it?
- Hazards of the Construction Industry: What are the solutions provided by the Government?
- Effective methods to keep business running.
- Is Paternity leave for a father acceptable?
- Sexual Harassment Law: what does it say?
- What is the Sarbanes-Oxley Act?
- Health Insurance Portability and Accountability Act.
- How does piracy affect the profitability of a business?
- What is the Ocean Liner Contract system?
- What should be the level of confidentiality of trade secrets?
Interesting Business Law Topics for Research Paper
Here are some of the most well scoring and attention-grabbing business law topics to write about for your dissertation –
- The role of Law of Contracts in Business Transactions.
- Interpretations of The Law of Contract.
- A thorough investigation of the Contract Laws.
- The importance of Commercial Law.
- An explanation of the working of Contracts.
- How does Legislature impact the interpretation of Contracts?
- Analysis of the difficulties faced by the business due to pursuing Commercial or Regular Lease.
- Analysis of the Structure of Transactions under Business Law.
- What is the role of a Director’s Guarantee under Business Law?
- Investigating the practical use of Copyright and Trademark by business entities.
- The role played by Copyrights and Trademarks in relation to Business Transactions.
- Everything you need to know about Advertising Law.
- The consequences of Copyright Infringement.
- The effect of Business Law on Commercial Transactions and Licensing.
- The application of Termination Agreements and Contract Law in Business Transactions.
Business Contract Law Topics for Research Paper
These are a few research topics in business law that can be used as a guide to create your paper and score well:
- The importance of Contract Law for small or single entrepreneurs.
- Contract Law and why is it essential in a versatile global business environment?
- The role of Contract Law in relation to shipping and transportation across five countries in the world.
- The importance of the Mudaraba contract in context with Islamic Law.
- Islamic Law and limitations in the implementation of Contract Law.
- A thorough investigation of the Tort Liability Law in the United Kingdom.
- The analysis and comparison of the Contract Law for Small, Medium, and Large enterprises in the United Kingdom.
- What is the significance of online privacy policies on the Contract Law?
- The role of the state in implementation of the Contract Law
- What is the difference between the UK and the EU after the implementation of the Brexit Contract Law?
- Everything you need to know about code, law, and their interpretations in the digital world.
- A discussion of the Penalty under Contract Law in context with the English Law.
- The difference between verbal commitments, non-contractual relations, and Contract Law: What problems are faced during their enforcement?
- An investigation of the impact of Labour Laws within the country.
- Emerging Economies: Analyzing the enforcement of Contract Law
International Business Law Topics for Research Paper
If you want to work in the arena of business law these topics are sure to be a big help with research paper:
- The right of the company to choose its nationality
- International arbitration – best policies to choose
- Is it still possible to buy the services of judges in first world countries?
- The Understanding impact of the litigation processes on small and medium business entities operating in international arenas
- The Doctrine of Separate Legal personality and its significance in International business
- Is there a way to avoid litigation procedures in foreign lands?
- What are the cases in international business when the data security and confidentiality policies are not applied?
- Solutions for stopping former employees from joining rival companies.
- Implementation of employee non-disclosure agreement across national boundaries
- Is it legal to say no to paternity leaves for fathers when working with foreign employees?
- Drawing up international extractive contracts for oil and mining companies
- Can domestic laws be incorporated in international business agreements – the consequences.
For most law students curriculums are extensive and topic research can be a time consuming task with other college activities. If you are worried about finding some good business law paper topics to work on or need professional help to write an effective research paper, we have the answers. Get in touch with us for effective research paper topics for business law class and we will be happy to assist with your assignment.
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Contracts Law – JURI 530
CG • Section • 12/17/2019 to 05/25/2020 • Modified 07/16/2021
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Course Description
A study of the history of the development of the common law of contracts and statutory variances from the common law, particularly the Uniform Commercial Code. It focuses on legal theories for enforcing promises or preventing unjust enrichment; and principles controlling the formation, modification, and enforceability of contracts. A study of the legal principles dealing with performance, remedies for nonperformance or threatened nonperformance, excuses for nonperformance, rights of nonparties to enforce contracts, assignment of rights, and delegation of duties.
For information regarding prerequisites for this course, please refer to the Academic Course Catalog .
Contracts Law focuses on an important aspect of understanding the American legal system, having a role in diverse consumer, business, property, and organizational relationships. Further, studying the law of contract making and contract enforcement provides learners a foundation for understanding and applying many other areas of the law.
Course Assignment
Course Requirements Checklist
After reading the Course Syllabus and Student Expectations , the student will complete the related checklist found in the Course Overview.
Discussions (3)
Discussions are collaborative learning experiences. Therefore, the student is required to create a thread in response to the provided prompt for each discussion. Each thread must be 300–500 words and demonstrate course-related knowledge. In addition to the thread, the student is required to reply to at least 2 classmates’ threads. Each reply must be 150–300 words. Any sources used to support your assertions must be cited in current Bluebook format.
Predictive Office Memo Assignment
The student will write a 3–5-page Predictive Office Memo paper in current Bluebook format that focuses on the requirements for writing an enforceable contract. The memo must include references to authorities from the textbook (either a reference to a specific provision in the textbook, a legal opinion, a Restatement (Second) of Contracts provision, or a Uniform Commercial Code provision) for any proposition of contract law utilized in the paper.
Contract Review and Annotation Assignment
The student will write a 3–5-page office memo in current Bluebook format that reflects his/her review and annotation of the provisions of the contract provided with the assignment instructions. The memo must include references to authorities from the textbook (either a reference to a specific provision in the textbook, a legal opinion, a Restatement (Second) of Contracts provision, or a Uniform Commercial Code provision) for any proposition of contract law utilized in the paper.
Draft Annotated Letter Agreement Assignment
The student will write a 2–3-page letter agreement and a 2–3-page accompanying office memo in current Bluebook format describing the purpose for each provision included in the letter agreement. The memo must include references to authorities from the textbook (either a reference to a specific provision in the textbook, a legal opinion, a Restatement (Second) of Contracts provision, or a Uniform Commercial Code provision) for any proposition of contract law utilized in the paper.
Quizzes (3)
Each quiz will cover the Learn material for the assigned Module: Week. Each quiz will be open book/open-notes; contain 20 multiple-choice, short-answer, and/or true/false questions; and have a 1-hour time limit.
Quiz: Cumulative Exam of Contract Law Topics
The Quiz: Cumulative Examination of Contract Law Topics will cover the Learn material from the entire course. The Cumulative Exam will be open-book/open-notes; contain 40 multiple-choice, true/false, fill-in-the-blank, and/or essay questions; and have a time limit of 2 hours.
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- INSTANT ASSIGNMENT HELP
19 Best Law and International Law Assignment Topics
Generally, the field of legal or law studies is considered one of the most popular but difficult subjects of study to qualify. The law or legal studies includes various areas or sub-areas that are pricticing by every law student. The continuous updating and broadness of the subject often become a barrier for students during their law courses.
Being a student of law, you have to complete many types of law and international law assignments during entire studies within short deadlines. Sometimes the college and universities provide their students an opportunity to make a law assignment on any topic related to the subject. In this case, students seem confused about what are the topmost law or international law assignment topics for writing excellent and impressive law assignments.
If you are going to write a law assignment for college or university, then you came to the right place. Here we are providing you the best law or legal assignment topics for writing an outstanding assignment.
Table of Contents
The best law and international law assignment topics for writing an outstanding law assignment-:
As we already discussed that the law field includes so many concepts and topics. So most of the students seem confused when it comes to choosing one of the best topics for writing their academic law assignments. Here we have mentioned the topmost law assignment topics for different law subjects writing an outstanding law assignments-:
1. Contract law assignment topics-:
An agreement that is enforced by law, that is fulfilling and recognizes all the duties and rights of two parties is known as a contract or valid contract. Actually, the contract law is the law that is related to making and enforcing an agreement. Contract law defends all the rights and duties of both parties that are related to the agreement. Contract law is one of the essential subjects in the field of law. Here we mentioned the best contract law assignment topics to write an excellent contract law assignment for students-:
- Adhesion contract assignment
- Void and Voidable contracts assignment
- Implied contract assignment
- Unilateral contract assignment
- Unconscionable contract assignment
- Executed contracts assignment
- Aleatory contract assignment
- Express contract assignment
- Bilateral contract assignment
- Letter contracts assignment
2. Administrative law assignment topics-:
The administrative law is one of the bodies of law that deals with the establishment, duties, rules, and powers of government administrative agencies. The primary function of administrative law is to carry out the laws that have already passed by any state or federal legislatures. Here are the topmost administrative law assignment topics-:
- Protection of law and property assignment
- Immigration assignment
- Administrative bodies assignment
- Manufacturing assignment
- Transport assignment
- Enforcement of law assignment
- International trade assignment
- Adjudication assignment
- Rulemaking assignment
- Taxation assignment
- Environment assignment
3. Property Law Assignment topics-:
Property law is another one of the most important types of law derived from common law. The property law generally deals with governing the various forms of ownership in real property and personal property. Actually, property law defines ownership and legal right of a person on personal and real properties. At present, property law becomes one of the popular and essential subjects in various law or legal courses. Here are the best international property law assignment topics-:
- Intellectual property law assignment
- Tribal property rights assignment
- A global perspective on intellectual property law assignment
- Economic context of intellectual property law assignment
- Agricultural property rights in the UK
- property law for heritage site protection assignment
4. Human Rights Law Assignment topics -:
Human right law is another one of the subjects of law that every law student has to study during their legal or law studies. The primary purpose of human rights law is to elucidate the theoretical and technical aspects of the national and international human rights directives. If you are going to write a human right law assignment for your academics then you can choose any one topic from the mentioned below the best human right law assignment topics-:
- Children’s Rights assignment
- Child Trafficking assignment
- Detention of person assignment
- Disappeared Person assignment
- Freedom of Expression assignment
- Freedom of Religion assignment
- Genocide assignment
- International Court of Justice assignment
- Truth and Reconciliation Commission assignment
- Torture assignment
5. Civil Law Assignment topics-:
Civil law is one of the branches of law that is also known as common law. It deals with a well defined and comprehensive system of rules and regulations related to citizens of the country. It is also one of the subjects of law that law students study during their legal or law degrees. Here we mentioned the best civil law assignment topics for students-:
- Child Support assignment
- Corporate Personhood assignment
- Law of Contracts assignment
- Libel and Slander assignment
- Law of Torts assignment
- Alimony assignment
- Class Action Lawsuits assignment
- False Light Privacy Invasion assignment
- Law of Eminent Domain assignment
- Law of Regulatory Takings assignment
- Tort Reform assignment
6. Constitutional Law Assignment-:
Constitutional law is one of the branches of law. It defines the different rules and regulations by the federal and state government that ensures the ethics and power of the parliament, executives, and judiciary, etc.. Hence constitutional law is another one of the critical subjects of law degree or courses. Students who are pursuing their law degree must have to complete many types of constitutional law assignments during their law course. Here we mentioned the best constitutional law assignment topics for writing an outstanding law assignment-:
- Assignment on the Historical evaluation of Human Rights
- Assignment on the fundamentals of constitutional law
- Explanation Hart’s concept of law
- Assignment on the impact of constitutional law and legal stringencies
- Assignment on the tribunal and constitutional recognition
7. Criminal Law Assignment topics-:
It deals with different types of criminals legally. In simple words, we can say that the criminal law is a system of rules and regulation that always tries to stop crimes by giving enough punishment to all those criminals who commit it. Criminal law is also one of the most important subjects that law students study during their law courses. Here we mentioned the best criminal law assignment topics for students-:
- the Crime Reports and Statistics at present
- Assignment on the Religious Laws and Religious Crimes
- Assignment on the Global criminal court
- Lawful reasoning-Drug courts
- Assignment on the Jury selection-Double risk
- the Required sentencing-Expert witnesses
- Assignment on the classification of different crimes
- Terrorism as a crime
- Assignment on the Feminist Criminology
- Assignment on the various Rights of criminals
Conclusion-:
We have mentioned all the detailed information about different law assignments that you should know. We have also mentioned the best international law assignment topics for writing an outstanding law assignment. Thus, we hope that our blog will become very helpful for you and will clear all your doubts regarding it. Still, if you have any confusion relating to it, then don’t feel any hesitation in contacting us anytime at the Australian assignment.
We have a team of experts who are all well qualified, and all have years of experience working in the writing fields. All our experts are 24*7 hours available to provide you the best solution to all your academic problems. We are offering our services all over the world, including Australia, at very affordable prices. Even we are providing our services to those students who are looking for ‘’ law assignment help ’’.
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Contract Assignments
(This may not be the same place you live)
What is a Contract Assignment?
In a contract assignment, one of the two parties to a contract may transfer their right to the other’s performance to a third party. This is known as “contract assignment.” Generally, all rights under a contract may be assigned. A provision in the contract that states the contract may not be assigned usually refers to the delegation of the assignor’s (person who assigns) duties under that contract, not their rights under the contract.
In modern law, the phrase “assignment of contract” usually means assignment of both rights and duties under a contract.
Who are the Various Parties Involved in a Contract Assignment?
In a contract, there are two parties to the agreement, X and Y. The parties may agree to let X assign X’s rights to a third party . Once the third party enters the picture, each party has a special name. For instance, suppose X, a seller of bookmarks, contracts with Y, a purchaser of bookmarks. Y desires to have Y’s right to X’s performance (the sale of bookmarks on a monthly basis) to another person.
This third person, Z, is called the assignee. X is called the obligor , and Y is called the assignor , since Y has assigned its right to X’s performance . X, the obligor, is obligated to continue to perform its duties under the agreement.
How is a Contract Assignment Created?
There are no “magic words” needed to create an assignment. The law simply requires that the would-be assignor have an intent to immediately and completely transfer their rights in the agreement. In addition, writing is typically not required to create an assignment. As long as X and Y both adequately understand what right is being assigned, an assignment is created.
Words that indicate a transfer is to take place suffice, such as “I intend to transfer my rights under this agreement,” or, “I intend to give my rights to Z,” or “I intend to confer an assignment on Z.” In addition,consideration,which is a bargained-for exchange required for a contract to be valid, is not required for assignment.
When is a Contract Assignment Prohibited?
In certain instances, an assignment of contract rights can be prohibited. If the contract contains a clause prohibiting assignment of “the contract,” without specifying more, the law construes this language as barring only delegation of the assignor’s duties, not their rights. If the assignment language states “assignment of contractual rights are prohibited,” the obligor may sue for damages if the assignor attempts to assign the agreement. If the contract language states that attempts to assign “will be void,” the parties can bar assignment.of rights.
Under modern contract law, the phrase “I assign the contract” is usually interpreted to mean that one is assigning rights and duties. What is an assignment of duties? An assignment of duties occurs where Y, called the obligor or delegator, promises to perform for X, the obligee. Y then delegates their duty to perform to Z, the delegate. Under the law, most duties can be delegated.
There are exceptions to this rule. Delegation can be prohibited when:
- The duties to be performed involve personal judgment and special skill (e.g., a portrait, creation of a custom-made dress).
- “Personal judgment” is the exercise of some kind of superior judgment when it comes to determining how, when, or where to do something. Examples of individuals who exercise personal judgment include talent scouts and financial advisors. Special skill is the unique ability to create a good or perform a service. A delegator can be prohibited from delegating duties when it is that specific delegator’s services are sought. For example, if the services of a specific famous chef are sought, and the original agreement was entered into on the understanding that the chef was hired for their specific talent, the delegator may not delegate the services;
- The assignment fundamentally changes risks or responsibilities under the agreement;
- The assignment is over future rights associated with a future contract that does not currently exist;
- Delegation would increase the obligation of the obligee. For example, if a shoe manufacturer contracts to deliver soles to a store in the same town as the shoe factory, the other party cannot assign the delivery to a different store in another state. Doing so would impose a greater obligation on the obligee than was originally contemplated;
- The obligee had placed special trust in the delegator. For example, assume that you have hired a patent attorney, based on that attorney’s significant skill and expertise, to obtain a valuable patent. You have placed special trust in this person, hiring them instead of other patent attorneys, because of their unique expertise. In such a situation, the attorney may not delegate his duties to another attorney (delegate), since the attorney was hired because of one person’s special capabilities;
- The delegation is of a promise to repay a debt; or
- The contract itself restricts or prohibits delegation. If the contract states, “any attempt to delegate duties under this contract is void,” a delegation will not be permitted.
Which Parties are Liable to Each Other in a Contract Assignment?
In a contract involving assignment of rights, the assignee may sue the obligor. This is because the assignee, once the assignee has been assigned rights, is entitled to performance under the contract. If the obligor had a defense that existed in the original contract between obligor and assignor, the obligor may assert that defense against the assignee. Examples of such defenses include the original contract was not valid because of lack of consideration, or because there was never a valid offer or acceptance).
An assignee may also sue an assignor. Generally, if an assignment is made for consideration,it is irrevocable. Assignments not made for consideration, but under which an obligor has already performed, are also irrevocable. If an assignor attempts to revoke an irrevocable assignment,the assignee may sue for “wrongful revocation.”
In circumstances involving delegation of duties,an obligee must accept performance from the delegate of all duties that may be delegated. The delegator remains liable on the agreement. Therefore, the obligee may sue the delegator for nonperformance by the delegate. The obligee may sue the delegate for nonperformance, but can only require the delegate to perform if there has been an assumption by the delegate. An assumption by the delegate is a promise that the delegate will perform the delegated duty, which promise is supported by consideration.
Are There Issues with Multiple Assignments?
Assignments that are not supported by consideration are revocable. If an initial assignment is revocable, a subsequent assignment can revoke it. If a first assignment is irrevocable, because consideration was present,the first assignment will usually prevail over a subsequent assignment. This means the person who can claim the assignment was first made to them will prevail over someone who claims a subsequent assignment.
If, however, the second person paid value for the assignment, and entered into the assignment without knowing of the first assignment, the “subsequent”assignee is entitled to proceeds the first judgment against the obligor (the original party who still must perform), in the event such a judgment is issued,
Should I Hire a Lawyer for Contract Assignments?
If you have an issue with assignment of rights or duties under a contract, you should contact a contract lawyer for advice. An experienced business lawyer near you can review the facts of your case, advise you of your rights, and represent you in court proceedings.
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School of Law · School of Law · School of Law
Contracts Law JURI-530
- Section 8WK
- 12/17/2019 to 05/25/2020
- Modified 01/26/2023
Course Description
A study of the history of the development of the common law of contracts and statutory variances from the common law, particularly the Uniform Commercial Code. It focuses on legal theories for enforcing promises or preventing unjust enrichment; and principles controlling the formation, modification, and enforceability of contracts. A study of the legal principles dealing with performance, remedies for nonperformance or threatened nonperformance, excuses for nonperformance, rights of nonparties to enforce contracts, assignment of rights, and delegation of duties.
For information regarding prerequisites for this course, please refer to the Academic Course Catalog .
Contracts Law focuses on an important aspect of understanding the American legal system, having a role in diverse consumer, business, property, and organizational relationships. Further, studying the law of contract making and contract enforcement provides learners a foundation for understanding and applying many other areas of the law.
Course Learning Outcomes
Upon successful completion of this course, the student will be able to:
- Identify issues related to contract law with the understanding of how those issues are distinct from other common law issues .
- D iscuss fundamental legal principles and rules of contract law and their underlying policies or premises.
- Analyze contract law legal problems .
- Recognize the historical origins and development of legal ideas and institutions.
- Evaluate b iblical principles relating to contracts and their consistency and inconsistency with contemporary contract laws and the policies or premises those laws reflect .
Course Resources
Click on the following link to view the required resource(s) for the term in which you are registered: Liberty University Online Bookstore .
Additional Materials for Learning
- Computer with basic audio/video output equipment
- Internet access (broadband recommended)
- Canvas recommended browsers
- Microsoft Word
Course Assignments
Course requirements checklist.
After reading the Course Syllabus and Student Expectations , the student will complete the related checklist found in the Course Overview.
Discussions (3)
Discussions are collaborative learning experiences. Therefore, the student is required to create a thread in response to the provided prompt for each discussion. Each thread must be 300–500 words and demonstrate course-related knowledge. In addition to the thread, the student is required to reply to at least 2 classmates’ threads. Each reply must be 150–300 words. Any sources used to support your assertions must be cited in current Bluebook format.
Predictive Office Memo Assignment
The student will write a 3–5-page Predictive Office Memo paper in current Bluebook format that focuses on the requirements for writing an enforceable contract. The memo must include references to authorities from the textbook (either a reference to a specific provision in the textbook, a legal opinion, a Restatement (Second) of Contracts provision, or a Uniform Commercial Code provision) for any proposition of contract law utilized in the paper.
Contract Review and Annotation Assignment
The student will write a 3–5-page office memo in current Bluebook format that reflects his/her review and annotation of the provisions of the contract provided with the assignment instructions. The memo must include references to authorities from the textbook (either a reference to a specific provision in the textbook, a legal opinion, a Restatement (Second) of Contracts provision, or a Uniform Commercial Code provision) for any proposition of contract law utilized in the paper.
Draft Annotated Letter Agreement Assignment
The student will write a 2–3-page letter agreement and a 2–3-page accompanying office memo in current Bluebook format describing the purpose for each provision included in the letter agreement. The memo must include references to authorities from the textbook (either a reference to a specific provision in the textbook, a legal opinion, a Restatement (Second) of Contracts provision, or a Uniform Commercial Code provision) for any proposition of contract law utilized in the paper.
Quizzes (3)
Each quiz will cover the Learn material for the assigned Module: Week. Each quiz will be open book/open-notes; contain 20 multiple-choice, short-answer, and/or true/false questions; and have a 1-hour time limit.
Quiz: Cumulative Exam of Contract Law Topics
The Quiz: Cumulative Examination of Contract Law Topics will cover the Learn material from the entire course. The Cumulative Exam will be open-book/open-notes; contain 40 multiple-choice, true/false, fill-in-the-blank, and/or essay questions; and have a time limit of 2 hours.
Course Grading
Late assignment policy.
Course Assignments, including discussions, exams, and other graded assignments, should be submitted on time.
If the student is unable to complete an assignment on time, then he or she must contact the instructor immediately by email.
Assignments that are submitted after the due date without prior approval from the instructor will receive the following deductions:
- Late assignments submitted within one week after the due date will receive up to a 10% deduction.
- Assignments submitted more than one week and less than 2 weeks late will receive up to a 20% deduction.
- Assignments submitted two weeks late or after the final date of the course will not be accepted outside of special circumstances (e.g. death in the family, significant personal health issues), which will be reviewed on a case-by-case basis by the instructor.
- Group projects, including group discussion threads and/or replies, and assignments will not be accepted after the due date outside of special circumstances (e.g. death in the family, significant personal health issues), which will be reviewed on a case-by-case basis by the instructor.
Disability Assistance
Students with a disability and those with medical conditions associated with pregnancy may contact Liberty University’s Online Office of Disability Accommodation Support (ODAS) at [email protected] for accommodations. Such accommodations require appropriate documentation of your condition. For more information about ODAS and the accommodations process, including how to request an accommodation, please visit https://www.liberty.edu/online/online-disability-accommodation-support/ . Requests for accommodations not related to disabilities or pregnancy must be directed to the Registrar’s Office, which generally handles medical needs support.
If you have a complaint related to disability discrimination or an accommodation that was not provided, you may contact ODAS or the Office of Equity and Compliance by phone at (434) 592-4999 or by email at [email protected] . Click to see a full copy of Liberty’s Discrimination, Harassment, and Sexual Misconduct Policy or the Student Disability Grievance Policy and Procedures .
Course Attendance
In an effort to comply with U.S. Department of Education policies, attendance is measured by physical class attendance or any submission of a required assignment within the enrollment dates of the course (such as examinations, written papers or projects, any discussion posts, etc.) or initiating any communication with one’s professor regarding an academic subject. More information regarding the attendance policy can be found in the Academic Course Catalogs . Regular attendance in online courses is expected throughout the length of the term. Students who do not attend within the first week of a sub-term by submitting a required academic assignment (such as the Course Requirements Checklist, an examination, written paper or project, discussion post, or other academic activity) will be dropped from the course. Students who wish to re-engage in the course are encouraged to contact Academic Advising to discuss their enrollment options. Students who begin an online course, but at some point in the semester cease attending, and do not provide official notification to withdraw, will be assigned a grade of “FN” ( Failure for Non-Attendance ). Students wishing to withdraw from courses after the official start date should familiarize themselves with the withdrawal policy .
Grading Scale
For courses with a Pass/NP final grade, please refer to the Course Grading section of this syllabus for the assignment requirements and/or point value required to earn a Passing final grade.
Add/Drop Policy
The full policy statement and procedures are published in the Policy Directory .
Liberty University comprises a network of students, Alumni, faculty, staff and supporters that together form a Christian community based upon the truth of the Bible. This truth defines our foundational principles, from our Doctrinal Statement to the Code of Honor. These principles irrevocably align Liberty University’s operational procedures with the long tradition of university culture, which remains distinctively Christian, designed to preserve and advance truth. Our desire is to create a safe, comfortable environment within our community of learning, and we extend our academic and spiritual resources to all of our students with the goal of fostering academic maturity, spiritual growth and character development.
Communities are predicated on shared values and goals. The Code of Honor, an expression of the values from which our Doctrinal Statement was born, defines the fundamental principles by which our community exists. At the core of this code lie two essential concepts: a belief in the significance of all individuals, and a reliance on the existence of objective truth.
While we acknowledge that some may disagree with various elements of the Code of Honor, we maintain the expectation that our students will commit to respect and uphold the Code while enrolled at Liberty University.
Adherence to the principles and concepts established within facilitates the success of our students and strengthens the Liberty community.
The Code of Honor can be viewed in its entirety at https://www.liberty.edu/students/honor-code/ .
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Assignment of Contract
An agreement enforceable by law becomes a contract. A contract involves both rights and obligations because a contract is an agreement enforceable by law. An agreement involves promises from both sides, and thus, there is the creation of both rights and obligations. For instance, X promises to sell his car to Y, and Y promises to pay Rs. 5,00,000 for his car. This constitutes a valid contract between X and Y. Here, the right on the part of X is to get Rs. 5,00,000 as consideration for selling his car, and the obligation for X is to deliver the car to Y as consideration for Rs. 5,00,000 paid to X by Y for selling his car.
Similarly, the right on the part of Y is to get the car delivered as consideration for Rs. 5,00,000 paid, and the obligation for Y is to pay Rs. 5,00,000 as consideration for the vehicle. If either X or Y fails to discharge their responsibility, there will be a breach of contract. In this way, a contract leads to the creation of both rights and obligations for both parties.
Assignment of contract refers to transferring contractual rights and liabilities under the contract to the third party with or without the other party’s concurrence. For instance, X owes Y Rs. 1,000, and Y owes Z the same amount. In this case, Y is under obligation to pay Rs. One thousand to Z and has the right to receive Rs. 1,000 from Z. In this case if Y asks Z to directly pay Rs. 1,000 to X, and if X accepts the same, there will be an assignment of Y’s right to Z. But, if in a similar situation, instead of transferring his ownership, Y would have transferred any of his obligations, then it would amount to novation. Section 37 of the Indian Contract Act, 1872, enables the parties to dispense the performance by way of the contract’s Assignment. Apart from conforming with the Indian Contract Act, 1872, there are exceptional circumstances where the contract assignment must be duly stamped in conformity with the provisions of the Indian Stamp Act, 1899.
The common law system did give effect to three kinds of transactions, viz., acknowledgment, novation, and power of attorney, which to some extent did work of an assignment. Under the Indian Contract Law, any form of contract can be assigned as long as consent is involved in the Assignment. The consent of the ‘promisee’ is necessary for assigning any obligation under the contract. There are three parties involved in contracts of Assignment, namely, the assignor, assignee, and obligor. The working and application of the contract assignment depend on a multiplicity of factors such as the contract’s language, applicability, availability of the assignment clause in the agreement, etc. There are contracts that contain a clause prohibiting Assignment, while other contracts require the consent of the other party to the Assignment.
But if a contract between two parties relies entirely on the’ promisor’s skill or expertise, then such a contract cannot be assigned under any circumstances. This is because the ‘promisee’ has entered into the contract based on the’ promisor’s skill or expertise. The case of Robinson v Davison is important case law in this regard . In this case, the defendant’s wife promised to play piano on a particular at a concert. She was unable to discharge her liability, that is, to play piano at the concert because of her illness. In this case, it was held that the contract was directly dependent on the good health and the personal skill of the defendant’s wife, and the illness of his wife discharged the contract. It was also stated that the defendant could not be made liable to pay compensation for the non-performance of the contract. As the contract was based on the ‘promisor’s skill in the above case law, the wife could not assign her right/obligation to any third party.
Case Study: Kapilaben & Ors. v Ashok Kumar Jayantilal Seth through POA Gopalbhai Manusudhan Case
Kapilaben & Ors. v Ashok Kumar Jayantilal Seth through POA Gopalbhai Manusudhan is a recent judgment delivered by the Supreme Court of India on November 25, 2019, concerning the Assignment of rights and Interests in a contract. In this judgment, the Supreme Court reaffirmed that a party to a contract could not assign its liabilities or obligations without the consent of the other party.
The facts of the case are: The appeals to the Supreme Court resulted from the Gujrat High Court’s decision that had allowed the appeals of the respondent against the trial court’s decision. The dispute, in this case, is related to a property owned by the appellants (Vendor). The appellant has had formulated an agreement to sell in favor of some of the respondents in 1986 regarding the above-mentioned property. The respondents, who were the original vendees, had paid a part of the consideration part. The Original Vendees, in 1987, assigned the former’s rights in favor of Respondent 1 and executed an agreement in favor of Respondent 1. This led to several disputes, and subsequently, Respondent 1 filed suits against the Original Vendees and the vendor demanding specific performance of the agreement executed in 1987. The Respondent’s suits were dismissed by the trial courts stating that the Original Vendees could not have assigned their outstanding obligation of paying Vendor the remaining money to Respondent 1 without the consent of the Vendor. On the other hand, Gujrat High Court reversed the decision of the trial court and declared the Assignment of rights in favor of Respondent 1 as valid.
The Supreme Court in its judgment reaffirmed the view of the trial courts and stated that: “ It is further relevant to note that under the 1987 agreements, payment of the outstanding consideration amount is to be made to the original vendees, not the Appellants, and possession/ownership of the suit property is to be handed over by the original vendees. The 1987 agreements nowhere provide for the discharge of the original vendees’ pending obligations towards the Appellants by Respondent Nos. 1. Hence, we are inclined to accept the Appellants’ argument that the 1987 agreements were not a case of Assignment but appear to be independent/sovereign agreements for sale which were contingent and dependent on the execution and implementation of the 1986 agreement. Therefore, the only way Respondent Nos. 1 can seek specific performance of the 1986 agreement against the Appellants is by proving the Appellants’ knowledge of and consent to transfer the original vendees’ rights and liabilities Respondent Nos. 1.”
From the above discussion, it is clear that the Assignment of contract refers to transferring contractual rights and liabilities under the contract to the third party with or without the other party’s concurrence. Section 37 of the Indian Contract Act, 1872, thatenables the parties to dispense is the performance by way of Assignment of the contract. Under the Indian Contract Law, any form of contract can be assigned as long as consent is involved in the Assignment. The consent of the ‘promisee’ is necessary for assigning any obligation under the contract. The working and application of the contract assignment depend on a multiplicity of factors such as the contract’s language, applicability, availability of the assignment clause in the agreement, etc. There are contracts that contain a clause prohibiting Assignment, while other contracts require the consent of the other party to the Assignment. The Assignment of obligations/liabilities is not possible in the case of contracts solely relying on the personal skill or expertise of the ‘promisor’.
The recent judgment of the Supreme Court in Kapilaben & Ors. v Ashok Kumar Jayantilal Seth, through POA Gopalbhai Manusudhan Case, also reaffirms that in case of transfer/assigning of outstanding obligations under the contract, the consent of the other party is a necessary condition to make the Assignment valid. Even though this judgment reaffirms the point upheld by law, it still suggests the parties to a contract consider the various complexities of contracts, the intent contract, the availability of the assignability clause in the written agreement, etc., before drafting a commercial contract.
References:
- The Indian Contract Act, 1872, No. 2(h) (Indian).
- Dr. R.K. Bangia, The Indian Contract Act, 2 (12 th Edition, 2005), Allahabad Law Agency, Haryana.
- Krishnendu Kanungo & Pritisha Chakraborty , Assignment Of Rights And Its Practical Relevance In Financial Transactions: A Lender’s Perspective Manupatra, http://docs.manupatra.in/newsline/articles/Upload/E915DA6B-361C-493B-91D1-96D8EB703128.pdf (last accessed Mar. 12, 2021).
- The Indian Contract Act, 1872, No. 37 (Indian)
- Sir Oshley Roy Marshall, The Assignment of Choses in Action (Pitman Publishing 1950).
- Krishnendu, supra note 3, at 1.
- Khared & Co. Ltd. v Ramon & Co. Ltd., AIR 1962 SC 1810.
- Krishnendu, supra note 3, at 2.
- Robinson v Davison, (1871) L.R. Ex. 269.
- BANGIA, supra note 1, at 255.
- Ramesh Vaidyanathan & Aishini Mandal, Assignment Of Contractual Obligations – Is Consent Necessary Advayalegal (Dec. 6, 2019) https://www.advayalegal.com/blog/contractual-rights/ (last accessed Mar. 13, 2021).
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Contract and Comparative Law Dissertation Topics
1606 words (6 pages) Law Dissertation Topic
3rd Oct 2019 Law Dissertation Topic Reference this In-house law team
Jurisdiction / Tag(s): UK Law International Law EU Law
Contract law is one of the most fundamental topics to engage with should you wish to learn about the law, as it seeps into almost all other areas. Information covered under this topic heading includes the structure of contracts and how particular terms etc., must be conveyed to be legally effective; and, the various elements required to actually create a binding contract.
We have listed for you below 10 dissertation topics and ideas on contract and comparative law. Please feel free to use this information to point you in the right direction.
Example Dissertation Topics & Ideas
1. does consideration have a place in 21st century contract law an examination of whether consideration should be replaced with a much more adequate concept of contractual intention:.
This dissertation topic will explore consideration from Stilk v Myrick (1809) 2 Camp 317 to Williams v Roffrey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1. The purpose of this exploration is to determine the effectiveness of consideration, drawing upon the civil law system of pacta sunta servanda and the Principles of European Contract Law (PECL). It will then consider the concept of intention in English law tracing the development from Balfour v Balfour [1919] 2 KB 571 to determine if a more sufficient concept of intention will be more appropriate for 21st Century Contract Law.
2. Is the concept of Agency in English contract law sufficient for the growing globalisation of commercial transactions?
Agency in English contract law is a significantly complex subject, which makes it difficult to reconcile with the Commercial Agents (Council Directive) Regulations 1993. This is due to the Regulations being based upon the civil law regimes of Germany and France. One of the main obstacles is how the contractual exception works, because a contract of agency can be implied through the parties’ relationship (The Ocean Frost [1986] AC 717). Thus, this raises the question if the concept of apparent authority, as identified in Bedford Insurance Co Ltd v Instituto de Resseguros de Brasil [1984] 3 All ER 766, has a place in contract law. This is especially as such implied agency contracts are alien with the civil law system.
3. Should the privity of contract rule be reformed, in order to allow the third party to sue on a contract in their benefit?
This dissertation topic will explore the sufficiency of the Contracts (Rights of Third Parties) Act 1999. There has been the limitation of the privity rule developed by the Tweddle v Atkinson (1861) 1 B & S 393 through this Act. Under s. 1(3) of the Act identify an expressly named third party or third party group will be able to enforce a contract; however is this enough? The main issue is the consumer rarely engages in specially negotiated contracts, which illustrates the insufficiency of the Act. However, the cases of Nisshan Shipping Co Ltd v Cleaves & Co Ltd [2003] EWHC 2602 and Lanenthong Lines Co Ltdv Artis 2005] EWCA Civ 519 have imputed third parties right to sue through a wide interpretation of intention. Thus, should this wide approach become the norm?
4. Is the English Courts’ focus on Contractual Certainty has meant that Predictability has stymied the growth of ensuring Fairness in Contract Law?
This dissertation topic will explore the distinction between the court’s application on commercial and personal contracts (especially in the case of familial relationships). Thus, it will identify that “fairness” has a greater impact on husband and wife contracts, which can be seen in Barclays Bank plc v O’Brien [1994] 1 AC 180 and Yorkshire Bank v Tinsley [2004] EWCA Civ 816. However, the role of fairness is significantly limited in commercial transactions, which can be seen in the case of Lobb (Alec) (Garages) Ltd v Total Oil (GB) [1985] 1 WLR 173. Thus, this examination will explore whether the nature of the relationship is sufficient to allow a flexible concept of fairness to be applied, or should there be consistency?
5. To what extent does Contract Law effectively deal with Unconscionable Exclusion Clauses?
This dissertation topic will explore the evolution of judicial intervention in respect to the validity of exclusion clauses, stemming from Parker v South Eastern Railway (1877) 2 CPD 416 to the introduction of the Unfair Contract Terms Act 1977. The Act brought forth the concept of reasonableness, which meant that exclusion clauses can be struck out if deemed unreasonable. But, there are still limitations as identified in the cases of Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1989] QB 433. But, the recent case of Röhlig (UK) Ltd v. Rock Unique Limited [2011] EWCA Civ 18 indicates a broader application, which raises the question whether there should be a new direction taken with respect to unconscionable exclusion clauses.
6. Is the role of Innominate Terms and Judicial Flexibility in the interpretation of these terms essential?
The role of innominate terms is an important development in English contract law, because it identifies a flexible approach to determining contractual intention whilst forcing flexibility to allow pre-contractual negotiations to be considered. This model places a balancing effect on the stringent parole evidence rule. Thus, the role of the innominate term can impute prior knowledge into the contract (Ashington Piggeries v Christopher Hill Ltd [1972] AC 441). On this basis, the topic of innominate terms can create an interesting and insightful discussion of contract law’s flexibility; whereby the role of the innominate term can create a new set of protections for the contractual parties.
7. Is the English adamant retention of Damages as the primary Remedy for Breach of Contract fit for purpose?
This dissertation topic explores the remedial approaches of the English jurisdiction compared with the US, Europe and the CISG (Vienna Convention on the International Sale of Goods 1980). In many jurisdictions the claimant has the right to choose the preferred remedy for breach of contract; whereas English law is centred on Hadley v Baxendale (1854) 9 Exch 341 damages. Thus, this raises questions on the effectiveness of the English model, especially as contracts are becoming more complex. Therefore, a comparative discussion of contractual remedies provides a topic that is both current and engages the reader.
8. Should Judicial Conservatism over Specific Performance be reconsidered in English law, as the CISG and PECL provide this a “real” Remedial choice?
This dissertation topic explores the conservatism of English law with regards to specific performance, which only applies this remedy in exceptional circumstances (Wilson v Northampton and Banbury Junction Railway Co (1874) 9 Ch App 279). The consequence of this is that the contracting parties are limited to damages when considered adequate (Phillips v Lamdin [1949] 2 KB 33). However, there are cases that indicate a relaxation in the application of specific performance, which can be seen in the case of Laemthong Lines Co Ltd v Artis (The Laemthong Glory) (No 2) [2005] EWCA 519. The widening of specific performance may be motivated by the internationalisation of contract law; therefore the English relaxation of specific performance will be compared with pro-specific performance jurisdictions (such as the USA).
9. Should the concept of Good Faith become a part of English Contract law?
This dissertation topic explores the refusal of English law to accept the concept of good faith, which seems out of sync with international trends. The good faith principles is inherent in civil law contract systems, due to the concept of pacta sunt servanda, but there are also trends across common law countries (i.e. Australia, the US and Canada) to import the concept of good faith in contracts. Thus, a comparative examination of the civil and common law approaches to good faith will be explored, in order to identify whether English law should import the concept into its jurisprudence. This is especially important as the case of Petromec Inc v Petroleo Brasiliero SA Petrobas (No 3) [2005] EWWA Civ 891 allowed the concept of good faith to be applicable through the backdoor approach of “upgrading” terms.
10. To what extent is the French concept of force majeure eroded in English Contract Law? Does the Canadian “bridging” model provide a better approach to force majeure?
This dissertation topic will explore the French concept of force majeure to determine how it is implemented in English contract law. The case of Davis Contractors v Fareham UDC [1956] 2 All ER 145 identifies that force majeure events only applies if there is a contractual clause providing for such events. This is significantly different from the French application that allows such events to suspend or nullify the contract. Thus, it is important to explore the differentiation between the French (Civil law) and English (Common law) approaches to force majeure to determine their effectiveness (and the extent the English model erodes the French model). These systems will be compared to the Canadian Common law model that bridges the two systems, as identified in the case of Atlantic Paper Stock Ltd v St Anne-Nackawic Pulp and Paper Co, [1976] 1 SCR 580. Thus, a comparative review of the French, English and Canadian law approaches to force majeure will be undertaken to identify the most effective approach.
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Business Law Assignment Topics
Table of Contents
What Does Business Law Contain?
50 business law topics to write about in the academic assignment, controversial business law topics, business law project ideas for students, debate topics, interesting business law research paper topics, international business law topics, topics about contracts, commercial law, business law topics for canada, choose the right topic in business law to write about.
Business law is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Business law is studied by those who wish to pursue a career in the legal field, as well as those who wish to work in the business world. It is a popular choice for students who are interested in studying law, but who do not wish to practice law.
There is no one specific degree that requires business law courses. However, many business-related degrees will offer courses in business law as part of their curriculum. Students interested in pursuing a career in business law should check with their chosen degree program to see if business law courses are required.
Business law generally covers the following areas:
- The law of contracts: This area of business law deals with the formation of contracts, as well as the rights and obligations of the parties to a contract.
- The law of torts: This area of business law deals with the liability of businesses for the wrongful acts of their employees or agents.
- Property law: This area of business law deals with the ownership and use of property, as well as the rights of those who own or use property.
- Commercial law: This area of business law deals with the sale of goods and services, as well as the financing of businesses.
- Company law: This area of business law deals with the incorporation of businesses, as well as the rights and obligations of shareholders, directors, and officers of a company.
- Competition law: This area of business law deals with the regulation of competition between businesses.
- Labour law: This area of business law deals with the rights and obligations of employers and employees.
- Insolvency law: This area of business law deals with the winding up of businesses that are unable to pay their debts.
- Banking law: This area of business law deals with the regulation of banks and other financial institutions.
- Intellectual property law: This area of business law deals with the protection of intellectual property, such as patents, trademarks, and copyrights.
- The law of contracts
- The law of torts
- Property law
- Company law
- Competition law
- Insolvency law
- Banking law
- Intellectual property law
- The sale of goods
- The financing of businesses
- The incorporation of businesses
- The rights of shareholders
- The obligations of directors
- The duties of officers
- The winding up of companies
- The regulation of banks
- The protection of intellectual property
- The formation of contracts
- The rights of parties to contracts
- The liability of businesses for the wrongful acts of their employees or agents
- The ownership and use of property
- The rights of those who own or use property
- The sale of goods and services
- The rights and obligations of shareholders
- The duties of directors
- The responsibilities of officers
- Should businesses be liable for the wrongful acts of their employees or agents?
- Should there be stricter regulations on the sale of goods?
- Should the financing of businesses be more regulated?
- Should the incorporation of businesses be more regulated?
- Should shareholders have more rights?
- Should directors have more duties?
- Should officers have more responsibilities?
- Should the winding up of companies be more regulated?
- Should banks be more regulated?
- Should the protection of intellectual property be more strict?
- Should the law of contracts be more strictly enforced?
- Should the law of torts be more strictly enforced?
- Should property law be more strictly enforced?
- Should commercial law be more strictly enforced?
- Should company law be more strictly enforced?
- Should competition law be more strictly enforced?
- Should labour law be more strictly enforced?
- Should insolvency law be more strictly enforced?
- Should banking law be more strictly enforced?
- Should intellectual property law be more strictly enforced?
- Research the legalities of setting up a small business in your country.
- Write a guide on the basics of contract law.
- Research the different types of business structures available in your country and write a report on their pros and cons.
- Investigate the different laws that apply to online businesses.
- Write a guide on how to start and run a successful e-commerce business.
- Research the different laws that apply to businesses in your country.
- Write a report on the different types of business licenses and permits available in your country.
- Investigate the different laws that apply to businesses operating in different industries in your country.
- Write a guide on the basics of competition law.
- Research the different laws that apply to businesses operating in different countries.
- Write a report on the different types of business taxation in your country.
- Investigate the different laws that apply to businesses operating in different jurisdictions.
- Write a guide on the basics of labour law.
- Research the different types of employee benefits and entitlements available in your country.
- Write a guide on the different types of employment contracts available in your country.
- Investigate the different laws that apply to businesses when hiring employees from other countries.
- Write a report on the different types of business insurance available in your country.
- Investigate the different laws that apply to businesses when making claims on their insurance policies.
- Write a guide on the basics of intellectual property law.
- Research the different types of intellectual property protection available in your country.
- Should there be stricter regulations on employment contracts?
- Should the law do more to protect businesses from lawsuits?
- Is the current system of intellectual property law effective?
- Should the government do more to regulate the banking system?
- Should there be more restrictions on businesses’ ability to merge?
- Is antitrust law effective in promoting competition?
- Should the government do more to protect consumers?
- Is environmental law effective in protecting the environment?
- Should the law do more to promote international trade?
- What role should the government play in regulating business?
- What are the most important issues facing businesses today?
- How can businesses best protect themselves from liability?
- What are the most effective ways to resolve contract disputes?
- How can businesses best protect their intellectual property?
- What are the most effective ways to finance a business?
- How can businesses best structure their organizations?
- What are the most effective marketing strategies for businesses?
- What are the most effective ways to manage employee relations?
- What are the most effective ways to manage risk?
- What are the most important ethical considerations for businesses?
- The history of business law
- The development of business law
- The impact of business law on society
- The role of business law in the economy
- The impact of business law on businesses
- The impact of business law on consumers
- The impact of business law on the environment
- The impact of business law on international trade
- The impact of business law on technology
- The impact of business law on the internet
- The impact of business law on e-commerce
- The impact of business law on employment
- The impact of business law on contracts
- The impact of business law on property
- The impact of business law on intellectual property
- The impact of business law on business organizations
- The impact of business law on banking and finance
- The impact of business law on securities
- The impact of business law on antitrust
- The impact of business law on consumer protection
- The different types of business structures available.
- The pros and cons of different business structures.
- The different types of business licenses and permits available.
- The different laws that apply to businesses in different industries.
- The different laws that apply to businesses operating in different countries.
- The different types of business taxation.
- The different laws that apply to businesses operating in different jurisdictions.
- The different types of employee benefits and entitlements.
- The different types of employment contracts.
- The different laws that apply to businesses when hiring employees from other countries.
- The different types of business insurance available.
- The different laws that apply to businesses when making claims on their insurance policies.
- The different types of intellectual property protection available.
- The different types of patents available.
- The different types of trademarks available.
- The different types of copyrights available.
- The different types of business litigation.
- The different types of business arbitration.
- The different types of business mediation.
- The legalities of setting up a business in another country.
- The different types of business structures available in other countries.
- The pros and cons of different business structures in other countries.
- The different types of business licenses and permits available in other countries.
- The different laws that apply to businesses in different countries.
- The different types of business taxation in other countries.
- The different types of employee benefits and entitlements available in other countries.
- The different types of employment contracts available in other countries.
- The different types of business insurance available in other countries.
- The different laws that apply to businesses when making claims on their insurance policies in other countries.
- The different types of intellectual property protection available in other countries.
- The different types of patents available in other countries.
- The different types of trademarks available in other countries.
- The different types of copyrights available in other countries.
- The different types of business litigation in other countries.
- The different types of business arbitration in other countries.
- The different types of business mediation in other countries.
- The different types of business relationships available in other countries.
- What is a contract?
- What are the different types of contracts?
- What are the essential elements of a contract?
- When is a contract formed?
- What are the rules of offer and acceptance?
- What are the different ways a contract can be terminated?
- What are the remedies for breach of contract?
- What are the different types of damages?
- How can a contract be enforced?
- What are the different defenses to enforcement of a contract?
- What are the different types of business entities?
- What are the different types of business contracts?
- What are the different types of business torts?
- What are the different types of intellectual property?
- What are the different types of bankruptcy?
- What is the Uniform Commercial Code?
- What are the different types of secured transactions?
- What are the different types of commercial paper?
- What are the different types of negotiable instruments?
- What are the different types of investment securities?
- What is the law of agency?
- What is the law of partnerships?
- What is the law of corporations?
- What is the law of trusts and estates?
- What is the role of labour law?
- What are the different types of labour law?
- What are the different types of labour relations?
- What are the different types of labour contracts?
- What are the different types of labour disputes?
- What are the different types of labour rights?
- What are the different types of labour standards?
- What are the different types of labour organizations?
- What is the law of Collective Bargaining?
- What is the law of Industrial Relations?
- The different types of business structures available in Canada.
- The pros and cons of different business structures in Canada.
- The different types of business licenses and permits available in Canada.
- The different laws that apply to businesses in different industries in Canada.
- The different laws that apply to businesses operating in different provinces in Canada.
- The different types of business taxation in Canada.
- The different laws that apply to businesses operating in different jurisdictions in Canada.
- The different types of employee benefits and entitlements available in Canada.
- The different types of employment contracts available in Canada.
- The different laws that apply to businesses when hiring employees from other countries in Canada.
- The different types of business insurance available in Canada.
- The different laws that apply to businesses when making claims on their insurance policies in Canada.
- The different types of intellectual property protection available in Canada.
- The different types of patents available in Canada.
- The different types of trademarks available in Canada.
- The different types of copyrights available in Canada.
- The different types of business litigation in Canada.
- The different types of business arbitration in Canada.
- The different types of business mediation in Canada.
- The different types of business relationships available in Canada.
There is no one specific way to choose the right topic in business law to write about. However, students should consider their interests and the requirements of their chosen degree program when selecting a topic. Additionally, students should choose a topic that is likely to be of interest to their readers.
There are many reasons to choose AssignmentBro for business law assistance . We have a team of experienced and qualified writers who can provide high-quality business law papers. We also offer a money-back guarantee if you are not satisfied with our services.
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An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time.
The Contract Law Basics chapter of this course is designed to help you plan and teach the elements of contracts in your classroom. ... Topics Key Terms and Concepts Covered ... Contract Assignment ...
Best Essay Topics on Contract Law Contract Law: Josh Hartly's and the Car Dealer Case This essay examines a case study that outlines the nature and application of the mutual mistakes policies in a contract law. Both Josh and the sales person enter into the contract. Contract, Violations, and the UAE Federal Law
🏆 Best Contract Law Topic Ideas & Essay Examples Contract Law: PepsiCo and a Harrier Jet Contest Prize The theory of objectivity in a contract implies that for an offer and acceptance to take place, the reasonableness of the offer and acceptance should be considered, thus other than the mutual consent of the […]
As discussed above, there are various topics in contract law assignments. However, they will only be of a few certain types, some of which are enlisted below:- Case Study Contract Law Assignments Any case study requires a comprehensive analysis of any factual case and takes into consideration the point of view of the writer.
The Law assignment relates to the legal studies that may include anything from basic essay writing (argumentative, explanatory, comparative, and reflective papers) and reviews to court hearings and analytical projects. Depending on your specialty, it is possible to write about forensics or criminal science.
Assignment on crucial topics of this module contract law the institute of legal studies mock exam may 2021 submitted : dua ahsan questions attempted (in order. ... prior to the doctrine of frustration in contract law, there were no remedies available for such situations and both parties could not be freed from their contractual obligations, and ...
The following are the contract law topics that could cover a vast range of legal aspects on which assignments frequently appear for dissertation homework - Why is it essential for small scale entrepreneurs to have proper knowledge of contract law? A primary study from the perspective of the UK.
Law of contract assignment very helpful assignment University Varsity College Course Law of Contract (LACO6211) Academic year2018/2019 Helpful? 20 Comments Please sign inor registerto post comments. Students also viewed Lu 1 laco - very helpful notes. - The Law of Contract in South Africa Lu3 laco - very helpful notes.
Interesting Business Law Topics for Research Paper. Here are some of the most well scoring and attention-grabbing business law topics to write about for your dissertation -. The role of Law of Contracts in Business Transactions. Interpretations of The Law of Contract. A thorough investigation of the Contract Laws. The importance of Commercial ...
Contract Review and Annotation Assignment. ... The Quiz: Cumulative Examination of Contract Law Topics will cover the Learn material from the entire course. The Cumulative Exam will be open-book ...
The best law and international law assignment topics for writing an outstanding law assignment-: 1. Contract law assignment topics-: 2. Administrative law assignment topics-: 3. Property Law Assignment topics-: 4. Human Rights Law Assignment topics -: 5. Civil Law Assignment topics-: 6. Constitutional Law Assignment-: 7.
This is known as "contract assignment.". Generally, all rights under a contract may be assigned. A provision in the contract that states the contract may not be assigned usually refers to the delegation of the assignor's (person who assigns) duties under that contract, not their rights under the contract. In modern law, the phrase ...
Predictive Office Memo Assignment: 150: Contract Review and Annotation Assignment: 150: Draft Annotated Letter Agreement Assignment: 200: Quizzes (3 at 50 pts each) 150: Quiz: Cumulative Exam of Contract Law Topics: 200: Total Points: 1010
Contract Law Essays (Page 1) Looking for contract law dissertations? we have a range of dissertation content available at our sister website UKDiss.com including example contract law dissertations, proposals, literature reviews and dissertation topic and title examples. Duress in Contract Law Example essay. Last modified: 7th Sep 2022
Assignment of contract refers to transferring contractual rights and liabilities under the contract to the third party with or without the other party's concurrence. For instance, X owes Y Rs. 1,000, and Y owes Z the same amount. In this case, Y is under obligation to pay Rs. One thousand to Z and has the right to receive Rs. 1,000 from Z.
We have listed for you below 10 dissertation topics and ideas on contract and comparative law. Please feel free to use this information to point you in the right direction. Example Dissertation Topics & Ideas 1. Does Consideration have a place in 21st Century Contract law?
The law of contracts: This area of business law deals with the formation of contracts, as well as the rights and obligations of the parties to a contract. The law of torts: This area of business law deals with the liability of businesses for the wrongful acts of their employees or agents. Property law: This area of business law deals with the ...
An assignment [1] is a legal term used in the context of the law of contract and of property. In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee. [2] An assignment may not transfer a duty, burden or detriment without the express agreement of the assignee.
Day Topics Key Terms and Concepts Covered; Monday : Contract assignment basics : Assignment of rights, donative assignment, assignor, assignee, obligor, obligee, rescission clause, condition ...
Students will create a business newspaper in Canva and report on different contract law topics. They will be researching and writing articles based off of the rubric guidelines. ... This FREE RESOURCE is a great and fun way for students to learn the basics of contracts. This assignment gives THREE half-completed contracts for students to ...
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