Essay Sample on Green Clean Contract Risks and Liabilities

Introduction

The relationship between the real estate agent and the manager represents properties that are protected by the interest of the market. This means that the business law provides contract fundamentals that protect all people. A contract is a promise or agreement between business partners. The deal between the parties fell apart but the agent was not paid a commission as per the agreement in the contract. Instead, the manager formed a new Company contending that the terms of the contract had been breached. Despite the relationship in the real estate business between Scheerer and Fisher negligence of the contract was intentional, and therefore compensation was the only option as by the directives of the court's law. The criminal law and civil law provides different types of punishments for a wrongdoer to protect the consumer (Speidel, 1969). The primary goal is to address the wrongs that are done by compelling for the compensation of damages or injuries. The criminal law, on the other hand, takes a stance of punishing the defendant or the wrongdoer against the damages.

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Lucy, on the other hand, is involved in a contract of buying a farm owned by Zehmer which is basically known as Ferguson farm. In this case, there is a contract risk and liability in the fact that after the agreement the parties part ways denouncing that the whole matter was a joke. The conception can be categorized under the umbrella of a tort which refers to the civil wrongs done to a person and can result in damages or loss. The tort law is classified into three that is, intentional, negligence, and strict liability torts (Baumann &Friehe, 2016). For this business, the tort is negligence, liability, and intentional. However, according to business law, the drinks and binding money for the bargain categorize it as a negligence tort in farm business agreement (Peluso & Lund, 2013). Negligence is a careless act that is intentionally done by the defendant to the plaintiff. However, under the contract agreement and law, the plaintiff has to provide elements of negligence for the court to offer a just judgment. Thus the court provides the plaintiff with an arbitrary right of performance with equity and reasonableness.

According to the unconscionable bargaining case of the Supreme Court in Nassau County, the plaintiffs are protected by the law by punishing the defendant to pay for them for the contract. Another case is also seen in the New York Court of Appeals on the case Hamer verses Sidway (Speidel, 1969). The nephew Hamer is compensated over the promises made about refraining from the actions such as alcoholics and gaming activities.

Conclusion

In conclusion, provided the type of contract in the act, promises must be fulfilled to comply with the law. The principles of the law provide a strong source of guidance and empowerment to the parties involved hence safeguarding of businesses. This means that parties involved have no obligation to revoke the promises at any time before the fulfillment of what is considered viable.

References

Baumann, F., & Friehe, T. (2016). Learning-by-doing in torts: Liability and information about accident technology. Economics Letters, 138, 1-4.

Peluso, N. L., & Lund, C. (2013). Introduction. In New Frontiers of Land Control (pp. 7-22). Routledge.

Speidel, R. E. (1969). Unconscionability, Assent and Consumer Protection. U. Pitt. L. Rev., 31, 359.