How there can be a legally binding contract in family and social matters, & to determine how it helps our family and social life. Illustrate &explain
Introduction
There may or may not have legally binding contracts for family and social issues that depend on the matter arose during this period. In addition to the offer, acceptance and consideration, the final ingredient to complete a contract which is enforceable by law is that the parties must intend to create legal relations. Without it, there is a binding contract. Under British law, an agreement supported by consideration is not enough to create a legally binding contract; the parties must intend to create legal relations. Often, the intention to create legal relations is expressly stated by the contracting parties. In other situations, the law easily involves intention, because of the nature of the business relationship between the parties. It is generally accepted that for social and family organization is absent, but the parties intend to create legal relations in commercial agreements. It is assumed that this doctrine was not clearly established until 1919.
1. The rule in Pinnel’s Case – Foakes v Beer (1884) 9 App Cas 605
2. <href=”#cite_ref-16″>^ Eastwood v. Kenyon (1840) 11 Ad&E 438
3. <href=”#cite_ref-17″>^ (1809) 2 Camp. 317.
4. <href=”#cite_ref-18″>^ Collins v. Godefroy (1831) 1 B. & Ad. 950.
5. <href=”#cite_ref-19″>^ See, e.g., Shadwell v. Shadwell (1860) 9 C.B.N.S. 159.
6. <href=”#cite_ref-20″>^ e.g. In Germany, § 311 BGB
7. <href=”#cite_ref-21″>^ For a detailed and authoritative account of this process, see A. W. B. Simpson, A History of the Common Law of Contract: The Rise of the Action of Assumpsit, (Oxford University Press: Oxford, 1975).
Social issues / questions
Social problems, also called social issues that affect all businesses, large and small. Even in relatively isolated areas, sparsely populated group will meet social problems. The list is huge social problems and is not identical from one region to another. Sometimes, social problems arise when people have very different views on how to handle certain situations such as unplanned pregnancy. While some people might consider abortion as a solution to this problem, other members of society remain firmly opposed to its use, In itself, the disagreements on how to solve the problems of creating divisions in social groups.
Other issues that could be considered social problems are not as common in Bangladesh, the United States and other industrialized countries, but they are huge problems in developing countries. It would be easy to assume that a social problem only affects those affected by it directly, but this is not the case. The spread of AIDS, for example, has created more social problems because it is expensive, is a danger to all members of society, leaving many children without parents. HIV / AIDS is not a problem, but a cause of many complexes. Similarly, the U.S. unemployment rate affects not only the unemployed, but affects the whole economy.
In addition, countries that allow multiple political parties and free expression of speech have another problem when it comes to tackle some of the problems affecting society. It is the diversity of solutions, which may mean that the country can’t commit to a way to solve a problem, because there are too many ideas that work on how to solve it.
2. <href=”#cite_ref-43″>^ Not to be confused with a product warranty, which is always referred to as a ‘guarantee’ in law.
3. <href=”#cite_ref-44″>^ Poussard v. Spiers and Pond (1876) 1 QBD 410
4. <href=”#cite_ref-45″>^ Bettini v Gye (1876) 1 QBD 183
5. <href=”#cite_ref-46″>^ As added by the Sale of Goods Act 1994 s4(1).
Social problems are the following:
· Race and Ethnicity
· Gender
· Sexual
· Education
· Health and Medicine
· Alcohol and Drugs
· Crime and Justice
· Social disorganization
Race and Ethnicity
Term race refers to groups of people who have differences and similarities in the biological characteristics considered by society as socially significant, which means that people treat others differently because of them. An example of a racial category is Asian (or Mongoloid) with its associated color facial, hair and body type characteristics. However, too many exceptions to this type of racial grouping found to make racial categorizations really viable.
Racism is prejudice based on physical characteristics of social importance. A racist believes that some people are superior or inferior to others on the basis of racial differences. Approve the racist segregation or separation of physical and social categories of people.
Ethnicity refers to shared cultural practices, perspectives and distinctions that separate a group of people to another. In other words, ethnicity is a common cultural heritage. The most common characteristics that distinguish the various ethnic groups are the descent, the sense of history, language, religion and ways of dressing. Ethnic differences are not inherited, they are learned. Most countries today are composed of different ethnic groups. Ideally, countries strive pluralism where people of all ethnicities and races remain distinct, but social equality.
Sexual orientation
Sexual orientation is attraction emotional, sexual or romantic feelings for someone else. There are several types of sexual orientation. For example: heterosexual, homosexual and bisexual.
As people move from childhood to adolescence and beyond, bodies grow and change. The same goes for emotions and feelings. During the years of adolescence, hormonal changes and physical puberty lead to awareness of sexual sensations. It is common to ask and sometimes worry new sexual sensations.
Crime and Justice
Criminal justice is the system of practices and institutions of governments to maintain social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts. Those accused of crime have protections against abuse of powers of investigation and prosecution. The criminal justice system consists of three main parts: (1) Legislative (create laws), (2) award (courts), and (3) corrections (jails, prisons, probation and parole conditional). In the criminal justice system, these separate agencies work together both under the rule of law and the principal means of maintaining the rule of law in society.
Family problems / issues
There are many different families. Some have two parents, while others have only one parent. Sometimes there are parents and grandparents raising their grandchildren. Some children live in foster families, adoptive families, or blended. Families are more than groups of people who share the same genes or the same direction. They should be a source of support and encouragement. This does not mean that everyone hears all the time. Conflicts are part of family life.
Family problems are:
- The prevalence of possible difficulties of family life;
- Women returning to work after maternity leave;
- The transition to school;
- The effects of separation on grandparents
- The lack of work,
- Family relationships,
- Flexible work arrangements, support for children at risk of abuse and neglect and so on
Divorce and children
Single parents who have experienced a divorce must adapt their lives to account for the expected decline in income, a change in the house or in the neighborhood and reducing the time available to spend with children. Unlike the parents of the individual life, the divorced are often not used to meet the needs of every single day, often confusing for parents and children. It is also common for newly divorced parents to increase their consumption of drugs or alcohol, which could lead to crime, an unstable environment for children and legal problems.
Separation and divorce, and the events are that led to them, disrupting the stability and predictability that children need. Apart from the death of a close relative, divorce is the most stressful events that can affect a family.
Children must be able to express their feelings to an adult listener. Counseling can provide children with an adult who, unlike their parents, do not worry about their feelings. Children adapt better when parents cooperate and focus on the needs of the child.
Delinquency
Children of single parent families are more often involved in criminal activities than those living in households where both parents. With one parent working one or more jobs to support the family, adolescents are more likely to be unsupervised and participate in criminal acts, such as crimes of alcohol, drugs, violence, truancy and property.
Low-income
Households consist of a single parent working are generally in a lower income level than those with two earners. Families living in poverty or just above the poverty line are less available resources to promote a healthy environment for children. Therefore, low-income families living in neighborhoods are less desirable than high incomes. These conditions are often characterized by violence, crimes against property and fewer educational opportunities.
It is almost impossible to avoid, and even people who live together in the same house does not always agree smoothly. In general, however, it was mentioned that social problems tend to refer to issues that affect people living in a society.
Contract
A contract is an agreement that was voluntarily entered into a lawful object by two or more parties, each of which is intended to create one or more legal or them. The elements of a contract are “food” and “acceptance” by “competent persons” with legal swapping “account” to create “the reciprocity of obligation.”
Contract law varies greatly from state to state, including differences in the common law versus civil law, the impact of the law received, including England in the common law countries and civil law in regional legislation. In contract law, for example Australia, there are 40 laws that affect the interpretation of the contract within the Commonwealth (federal / national), and 26 other acts in the area of ??New South Wales. In addition, there are 6 international instruments and conventions that apply to international relations, as the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention).
Origin and scope
Contract law is based on the principle enunciated in the Latin phrase pacta sunt, usually translated as “agreements must be kept”, but more literally means “pacts must be kept”. Contract law can be classified as is usual in civil law systems, as part of a general law of obligations and liability, unjust enrichment and restitution.
Bilateral and unilateral contracts
Contracts may be bilateral or unilateral. A contract is a bilateral agreement in which each of the parties to the contract makes a promise or set of promises to the other party or parties. For example, in a contract of sale of a house, the buyer agrees to pay the seller $ 200,000 in exchange for the promise of the seller to deliver the title.
In a unilateral contract, only one party to the contract makes a promise. A typical example is the reward contract: A promises to pay a reward to B if B is a dog. B has no obligation to find a dog, but A is obliged to pay the reward to B if B does find the dog. The consideration for the contract here is the dependence of B in A or B. Promise to waive his right to do what I wanted at that time was engaged in the discovery of the dog.
- <href=”#cite_ref-15″>^ The rule in Pinnel’s Case – Foakes v Beer (1884) 9 App Cas 605
2. <href=”#cite_ref-16″>^ Eastwood v. Kenyon (1840) 11 Ad&E 438
3. <href=”#cite_ref-17″>^ (1809) 2 Camp. 317.
4. <href=”#cite_ref-18″>^ Collins v. Godefroy (1831) 1 B. & Ad. 950.
5. <href=”#cite_ref-19″>^ See, e.g., Shadwell v. Shadwell (1860) 9 C.B.N.S. 159.
Who has not the capacity to contract?
Some people do not have the legal capacity to enter into a binding contract.
When it comes to legally binding agreements, some people have not always considered the legal capacity (or “capacity”) contract. In legal terms, basically, is presumed not to know what they are doing. – These minors and the mentally ill, for example – are placed in a special category. Minors (under 18 years old in most countries) do not have the capacity to enter into a contract. If they enter into a contract, the contract is considered “voidable” by them (as the person who did not have the capacity to conclude the agreement in the first place). Cancelable means that the person did not have the ability to contact the contract may be terminated or allowed to proceed as agreed. This protects the party does not have the ability to be forced to go through an agreement that benefits their lack of understanding.
1. Read more: <href=”#ixzz2LXHASvrz”>http://www.livestrong.com/article/536203-single-parent-family-social-problems/#ixzz2LXHASvrz
2. Retrieved from: Chris Field, Western Australian Ombudsman
3. http://onlinelibrary.wiley.com/journal/10.1111/%28ISSN%291540-4560
a. <href=”#cite_ref-66″>^ New York Civil Procedure Law and Rules § 7501, et seq.
b. <href=”#cite_ref-67″>^ Beatson, Anson’s Law of Contract (1998) 27th ed. OUP, p.21
Elements of a contract
- Mutual consent
- Offer and Acceptance
- The intention to create legal relations
- Review
- Legal Capacity
- Consent
- Contracts illegal and void
Acceptance and Judgments (family and social binding contracts)
In national legislation is generally accepted that the parties did not intend to tell legal relations. In many national agreements, such as those between husbands and wives, parents and children, there is no intention to create legal relations and no intention that the agreement must be litigated.
However, this attitude seems to have changed social arrangements today. Balfour v Balfour Freeman ranks as a “marriage of Victoria” and considers marriage today “less regulated” and “more dependent on individual choice.
The presumption that the parties to the internal agreements are not intended to create legal relations may be rebutted in a number of ways. There is a finite list of methods by which the presumption may be rebutted. There is, however, one or two restrictions on the type of information that can be taken into account. Firstly, the context in which the agreement was reached was often a factor in persuading the court to rebut the presumption.
Second, the presumption may be rebutted where the parties acted to their detriment on the basis of the agreement that was reached between the parties. This factor is not always sufficient to rebut the presumption; you can have your example of Jones v Padavatton.
Acts of Ms. Jones offered to pay for his daughter, Mrs. Padavatton to study law, if she (the girl) has left the U.S. and came to England. This is what he did. Mother bought a house in London that the girl lived in; maintenance is paid by income from other tenants.
Finally, the mother and daughter fell and Mrs. Jones took steps to repossess the house. It held that, even if the circumstances were such that he could not do that if the tenant has none other than his daughter, there was no evidence that the case is dismissed the classical hypothesis internal agreements that are not contracts.
Judgment of the Court held that there was no binding contract. Although there had been a national contract if the parties were not related, there was insufficient evidence to rebut the presumption against national agreements.
There can be no legally binding contracts in family matters and avoid social situations that are viable created by members of the family live in a society. To avoid this, marked by serious problems or issues in society or the family must have some links that may legally prevent these problems. By hiring one can face any situation strange and perhaps better solutions at the end of the trials.
- <href=”#cite_ref-3″>^ Willmott, L, Christensen, S, Butler, D, & Dixon, B 2009 Contract Law, Third Edition, Oxford University Press, North Melbourne
2. <href=”#cite_ref-4″>^ Hans Wehberg, Pacta Sunt Servanda, The American Journal of International Law, Vol. 53, No. 4 (Oct., 1959), p.775.; Trans-Lex.org Principle of Sanctity of contracts
3. <href=”#cite_ref-5″>^ 2008 Merriam-Webster online dictionary
4. <href=”#cite_ref-6″>^ (1870-71) LR 6 QB 597
5. <href=”#cite_ref-7″>^ R. Austen-Baker, ‘Gilmore and the Strange Case of the Failure of Contract to Die After All’ (2002) 18 Journal of Contract Law 1
Conclusion
The reality is that if we as individuals are not willing to change where we are, our society will not change even if we really want to change. Any problems may be the only person capable of change, itself. And as a group, we can change things for the better. I think the main social problem is people are lazy. People make mistakes when they think you can judge the thoughts of others. You must be very careful when you make these posts on the comments others have posted here. This type of behavior is a clear example of the lack of respect for the feelings and ideas of others.
They say it is not individuals, but society and how it was done or how it occurred. Do not misunderstand: the company is a clear reflection of its people, and when they lack critical thinking can talk about how the messages of others are stupid, etc. It’s too personal to say that the others.
1. Wilmot et al, 2009, Contract Law, Third Edition, Oxford University Press, page 34
2. <href=”#cite_ref-12″>^ Restatement (Second) of Contracts § 32 (1981) (emphasis added)
3. <href=”#cite_ref-7″>^ R. Austen-Baker, ‘Gilmore and the Strange Case of the Failure of Contract to Die After All’ (2002) 18 Journal of Contract Law
4. Balfour v Balfour; Jones v. Padavatton; BalfourVBalfour1919 (Jones v. Padavatton [1969] 1 WLR 328),
5. <href=”#cite_ref-1″>^ http://contracts.uslegal.com/elements-of-a-contract/
6. <href=”#cite_ref-3″>^ Willmott, L, Christensen, S, Butler, D, & Dixon, B 2009 Contract Law, Third Edition, Oxford University Press, North Melbourne
1. English Law
(I) Books and Articles
Ewan McKendrick, Contract Law – Text, Cases and Materials (2005) Oxford University Press ISBN 0-19-927480-0
P.S. Atiyah, The Rise and Fall of Freedom of Contract (1979) Clarendon Press ISBN 0-19-825342-7
Randy E. Barnett, Contracts (2003) Aspen Publishers ISBN 0-7355-6525-2
Scott Fruehwald, “Reciprocal Altruism as the Basis for Contract,” 47 University of Louisville Law Review 489 (2009).
(II) Judicial Decisions
Beatson J, Anson`s Law Of Contract (28th ednOxford, Delhi) available at http://netk.net.au/Contract/05Intention.asp
Ewan Mckendrick, Contract Law (6th edn Palgrave Macmilan, Hampshire 2005) at http://www.australiancontractlaw.com/law/formation-intention.html
Michael Furmston, Cheshire, Fifoot & Furmston’s Law of Contract (15th Indian edn Oxford, Delhi 2007) at http://netk.net.au/Contract/05Intention.asp
Jill Poole, Text Book on Contract Law (8th edn Oxford, London 2006) at http://www.google.co.in/search?hl=en&q=intention+to+create+legal+relationship+in+social+and+domestic&meta=&aq=f&oq=
Mindy Chen-Wishart, Contract Law ( 5th edn Oxford, London 2007) www.usyd.edu.au/lec/subjects/Merritt%20v%20Merritt.
Avtar Singh, Law of Contract and Specific Relief (9th edn EBC, Lucknow 2006) http://netk.net.au/Contract/Rose.asp
Chris Field, Western Australian Ombudsman at http://www.legalindia.in/intention-to-create-legal-relations-in-1-domestic-and-social-agreements-2-commercial-agreements
Pateman, C. (1988). The sexual contract. Stanford, CA: Stanford University Press. http://www.livestrong.com/article/536203-single-parent-family-social-problems/
<href=”#ixzz2LYXyHKQF”>How to Create a Legally Binding Contract Online | eHow.com <href=”#ixzz2LYXyHKQF”>http://www.ehow.com/how_4464813_create-legally-binding-contract-online.html#ixzz2LYXyHKQF
http://netk.net.au/Contract/Esso.asp
http://netk.net.au/Contract/Edwards.asp
http://vantech.vsb.bc.ca/ss/pm/law12/online/online/contract/cases.htm
http://en.wikipedia.org/wiki/Rose_and_Frank_v._J.R._Crompton_and_Brothers_Ltd.
http://www.lawteacher.net/Intention%20Cases.php
http://en.wikipedia.org/wiki/Baird_Textile_Holdings_Ltd_v._Marks_&_Spencer_plc.
Appendices
Executory contracts and young
Supply contracts for “necessities” of general application. There are no absolute rules to identify what is “necessary”, but do not understand the kind of things that young people need to live a reasonable lifestyle. Includes basic concepts such as:
- Food;
- Clothing;
- a place to live;
- Medicine and so on.
Also included are contracts for youth education, learning, or something very similar, it can be shown to benefit the young person. While the court has not yet addressed the issue specifically, mobile phones are probably not necessary.
The recruitment of young people in this situation will have to pay a reasonable price (although this may not be the contract price) staples actually sold and delivered. (“Delivery” is a technical term. Generally, delivery takes place when the seller has given the buyer the right to take the goods out.) Where basic necessities have been sold, but there was no delivery, the young need not take delivery or pay for goods.
No executory contracts and young
Two types of contracts are not required for a young person, namely:
· Contracts that are not necessities, and
· Contracts Ø borrowed money or provided (i.e. any form of credit agreement).
When a young person has paid money under a contract is not mandatory that the money can not be recovered if no benefit is received by the young. The young may refuse to make any further payments under the contract. It is true that holds assets that are not necessities. It seems to have become the property of the young person unless the young person has fraudulently misrepresented his age.
Even after 18 years, a person cannot confirm a previous contract and be bound by it. Any amount paid by a young man in such circumstances can be recovered.
Mutual consent
At common law, mutual consent is usually achieved by the offer and acceptance that is met when an offer is an acceptance that is incompetent and does not alter the terms of the offer. This latter requirement is known as the “mirror” rule,If a purported acceptance does vary the terms of the offer, not an acceptance, but a cons-offer and, therefore, both a rejection of the original offer. The Uniform Commercial Code provides in particular the mirror image rule in § 2-207, although the UCC only governs transactions in goods to the United States.
Offer and acceptance
The most important feature of a contract is that one party makes an offer for an arrangement that another accepts. You can call it a contest of wills or consensus ad idem (meeting of minds) of two or more parties. The concept is somewhat controversial. The obvious objection is that the court cannot read minds and the existence or otherwise of agreement is judged objectively, with only limited room for questioning subjective intention: see Smith v. Hughes. There must be evidence that the parties had each from an objective point of view, engage in conduct manifested his agreement, and the contract is formed when the parties have complied with this requirement. An objective point of view means that it is only necessary that somebody gives the impression of offering or accepting contractual terms in the eyes of a reasonable person, I really wanted to make a contract.
Account
The examination is given by the promise of a promise in exchange for something of value given by the promise of a promise. Typically, the thing of value is a payment, even if it may be an act or an act of abstention.
The exam consists of a legal detriment and a bargain. Legal injury is a promise to do something or refrain from doing something that you have the legal right to do so, or willfully make or refrain from doing something in an agreement. A business is something that the promise (the part that promise or offer) wants, usually one of the legal problems.
Other jurisdictions
Civil law systems take the approach that an exchange of promises, or a concurrence of wills autonomous, rather than a change in the rights of the base value is correct. So if you promised to give me a book and I accepted your offer without giving anything in return, I would have a legal right to work and could not change his mind about giving me as a gift. However, in common law systems the concept of culpa in contrahendo, a form of “foreclosure” is increasingly used to create obligations during pre-contractual negotiations. Estoppel is an equitable doctrine that provides for the creation of legal obligations if a party has given a guarantee of another and the other is based on safety, to their detriment.
The intention to create legal relations
There is a presumption of commercial agreements that parties intend to be legally bound. In addition, many types of domestic and social agreements are unenforceable on the basis of public policy, for instance between children and parents. An early example is Balfour v Balfour. Contract with similar terms, Mr. Balfour had agreed to give his wife £ 30 per month in maintenance while living in Ceylon (Sri Lanka). Once he left, they separated and Mr. Balfour stopped payments. Mrs. Balfour brought an action to enforce payment. On appeal, the Court held that there was no binding agreement, and that there was not enough evidence to suggest that they were intended to be legally bound by the promise.
The case is often cited in conjunction with Merritt v Merritt. Here, the court distinguished the case from Balfour v. Balfour because Mr. and Mrs. Merritt, although married again, were estranged at the time the agreement was concluded. Therefore, any agreement between them was made with the intention to create legal relations.
Procedures and written contracts and / or illegal and void
A contract is not written, not spoken, also known as “a contract implied by the acts of the parties”, which can be either implied in fact or implied in law, may also be legally binding . Contracts implied in fact “real” contracts that are of no different remedy than “benefit of the market,” as mentioned above.
Oral contracts are usually valid and therefore legally binding. However, in most jurisdictions, certain types of contracts must be in writing to be enforceable. This is to prevent frauds and perjuries, hence the name of fraud laws. For example, an unwritten contract would be unenforceable if for the sale of land.
Contracts that do not meet the requirements of the common law or the legal status of fraud are not binding, but not necessarily vanish.