BUSN1155 Canadian Business Law

Questions 1

A landscaping business is considered to be simple as that of a mow-and-go service or on the other hand, it could be one that would create certain beautiful landscapes which would help in completing the features along with certain wildlife areas and even golf holes. There have been several landscaping businesses that have been started which helps through pickup trucks or through riding of a lawn mower or a leaf blower which would also help in mowing the lawn with several other tools and devices. However, such business helps in keeping the yards of its clients neat and healthy once a week. As the landscapers are considered to grow the businesses they are frequently asked to add their helpers with more trucks which would also provide assistance and expansion to their services. Therefore, a landscape architect is considered to understand the horticulture and along with such manage the stormwater runoff where the plants would thrive in climates which would also help in using certain other land-management techniques.

Question 2

A contract is considered to be a legal contract that would be existing between the two parties which would create certain amount of legally enforceable obligations. There are certain essential elements that are deemed to be used while making a contractual obligation between the parties binding as such needs to be present before the contract is considered to be legally enforceable. The offer is considered to be a promise where one party would be proposing an offer for the services. It can be perceived through the case of Jones v Vernons' Pools Ltd, (1938) 2 All ER 626. This element usually includes certain terms and conditions which would help in understanding the duty and the obligation of the contract. It can be illustrated through the case of Smith v Hughes (1871) LR 6 QB 597. Subsequently, after such the acceptance is considered to be used where the other party to whom the offer has been made would have to accept the performance of the task for certain amount of compensation that would be specified under the contract law (Willes, 2020). It can be observed through the case of Balfour v Balfour [1919] 2 KB 571. Subsequently, mutual assent or the intention to form a legal relation needs to be provided which would show that the parties have agreed to be bound by the terms and conditions of the contract. After such, the legal capacity of the parties needs to be identified for a valid contract. Consequently, while performing contractual obligations lawful consideration also needs to exist as such would help the individuals in performing the obligations. If one of the requirements have not been met with then the contract would not be legally enforceable. It can be grasped through the case of Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1.

Question 3

The service that have been requested was to mow the land once a month for a year. The contract of service that would be required in such a scenario, would be the contract of employment as the services that would be provided by the business would be for a specific amount of time and such needs to be properly specified and updated regarding the duties and obligations as well as the compensation structure in case of non-fulfillment of duty. It can be highlighted through the case of Williams v Carwardine [1833] EWHC KB J44. The contract of employment would be between Wanda the architect. In order to enter into a contract, the issues that would arise would be regarding the legal capacity of entering into a contract and along with such the intention to be bound by the terms and conditions of the contract as Wanda’s husband had been found guilty of a criminal charge and if he had been the person entering into a contract the legal capacity would have to be determined. In addition to such, the duties and the obligations would also have to be specified as such would determine the terms and conditions of the contract and in case of non-fulfilment and breach the party liable for such breach could be in the position to pay for the damages as a form of compensation.

The potential issues that could impact the enforcement of the contract would lead to the non-fulfillment of the essential elements of the contract and along with such the actual performance of the contract which would create a potential breach for the obligations specified in the contract. Therefore, if the two parties enter into a valid contract then the parties to such contract would have to ensure the fulfillment of the conditions specified in the contract as such would determine the performance and the consideration of the obligations in the contract.

Question 4

It can be highlighted through the case of where the case was in connection Spencer v Harding (1870) LR 5 CP 561 where the case was considered to be in relation to the offer and acceptance of the contract formation and it had been held that the circular was not considered to be an offer but was an invitation to collect tenders through which an offer in contract could be made.

It can be illustrated through the case of Brogden v Metropolitan Railway Company (1876–77) L.R. 2 App. Cas. 666 where the establishment of the contract was considered to be through the acceptance of the conduct and behavior of the parties as it had been held that the contract had taken place through conduct and therefore, it had been a clear breach which made Brodgen liable.

References

Balfour v Balfour [1919] 2 KB 571. https://www.casebriefs.com/blog/law/contracts/contracts-keyed-to-calamari/the-agreement-process/balfour-v-balfour/

Brogden v Metropolitan Railway Company (1876–77) L.R. 2 App. Cas. 666. https://swarb.co.uk/brogden-v-metropolitan-railway-co-hl-1877/

Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1. https://www.casebriefs.com/blog/law/contracts/contracts-keyed-to-calamari/the-agreement-process/carlill-v-carbolic-smoke-ball-co-2/

Jones v Vernons' Pools Ltd, (1938) 2 All ER 626. http://learnlawke.blogspot.com/2013/06/intention-to-create-legal-relation.html

Smith v Hughes (1871) LR 6 QB 597. https://www.australiancontractlaw.com/cases/smith.html

Spencer v Harding (1870) LR 5 CP 561. https://ipsaloquitur.com/contract-law/cases/spencer-v-harding/

Willes,, J. (2020). Willes, J.A., 1994. Contemporary Canadian business law: Principles & cases. McGraw-Hill Ryerson. https://www.mheducation.ca/contemporary-canadian-business-law-9781259654893-can-group

Williams v Carwardine [1833] EWHC KB J44. https://casebrief.fandom.com/wiki/Williams_v_Carwardine

Do you think, “I wish a professional could write my assignment for me?” whenever deadlines come knocking on your door? Then we’ve got the best news for you! At Myassignmenthelp.co.uk, you can avail yourself of the best finance assignment help in the UK. But that’s not all! You can also explore top-notch accounting assignment help without worrying about burning a hole in your pocket.

Our affordable services have become the top choice for students looking for reliable coursework help at a moment's notice. Moreover, our experts are always available to answer your queries. So, feel free to send us your questions, and you're guaranteed high-quality homework help services 24/7