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Overview of a Court Case

 

            Question: "Do you think that Joseph and Mary Smith have a case in respect of their claim against Cauchemar and Son? Use relevant statue applicable case law to support a discussion which will outline the possibility (or not) of a successful claim". .
             Introduction.
             The existence of laws, especially contract laws, form a fundamental part of the contemporary global legal system. These laws are highly essential, forming the cornerstone of a society which largely depends on market free exchanges. The free exchanges rely on voluntary and legal engagements between persons. Therefore, with the voluntary and legal engagements, contract laws become paramount. The contract laws are essential, as the voluntary agreements cannot work in the absence of the law. This is because the contract law helps in making the agreement between parties enforceable and legally binding. The enforceability implies that one party to the contract can ask for payment of damages in case one party breaches the agreement. Therefore, this paper will provide a discussion on Mr. Joseph and Ms. Mary Smith's case. The paper will focus on Mr. Joseph and Smiths case, in respect to, their claim of asking for payment of damages from Cauchemar and Son. .
             Discussion.
             According to Andrews (2011), a contract refers to a voluntary agreement binding two or more parties in the exchange of services or valuable items. On the other hand, Cooke (2007) defines a contract as a lawful enforceable agreement binding two or more parties engaging in a given act. However, for the agreement to be legally binding, the parties must have the will to create legal relations. In this regard, the agreement can be either written or oral. For example, when an individual seeks to lease a building for commercial purpose, the two parties must draft a contract. The contract defines all the legal requirements and the agreements binding the two parties on the conditions surrounding the use of the building.


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