1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.

Slides:



Advertisements
Similar presentations
Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
Advertisements

Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
15-1 McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.
Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
Business Law and the Regulation of Business Chapter 13: Illegal Bargains By Richard A. Mann & Barry S. Roberts.
1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
Sometimes government legislatures enact statutes that declare certain types of agreements unenforceable, void, or voidable Examples: –New law changes the.
© 2010 Pearson Education, Inc., publishing as Prentice-Hall 1 CAPACITY AND LEGALITY © 2010 Pearson Education, Inc., publishing as Prentice-Hall CHAPTER.
1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
Chapter 15 Legality and Public Policy Twomey, Business Law and the Regulatory Environment (14th Ed.)
Capacity and Legality Statute of Frauds Drafting Tips Class 2.
Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning Chapter 16 Contracts: Legality and Public Policy Twomey Jennings Anderson’s.
Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
Chapter 11 Formation of Traditional And Online Contracts
© 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. Twomey & Jennings BUSINESS LAW Chapter 16 Legality.
Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
P A R T P A R T Contracts Introduction to Contracts The Agreement: Offer The Agreement: Acceptance Consideration Reality of Consent 3 McGraw-Hill/Irwin.
CHAPTER 13 LEGALITY OF SUBJECT MATTER AND PROPER FORM OF CONTRACTS DAVIDSON, KNOWLES & FORSYTHE Business Law: Cases and Principles in the Legal Environment.
15-1 Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin.
Contract Law for Paralegals: Traditional and E-Contracts © 2009 Pearson Education, Upper Saddle River, NJ All rights reserved Capacity and Legality.
Legality, Consent, and Writing. “A verbal contract isn’t worth the paper it’s written on.” Samuel Goldwyn, Hollywood producer “I am not young enough to.
Legal Purpose CHAPTER TEN. 10 | 2 Copyright © Houghton Mifflin Company. All rights reserved. The Effect of Illegal Agreements What happens when the goal.
1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
Copyright © 2009 by Pearson Prentice Hall. All rights reserved. PowerPoint Slides to Accompany CONTEMPORARY BUSINESS AND ONLINE COMMERCE LAW 6 th Edition.
Does a minor have the capacity to enter into an enforceable contract? What does it mean to disaffirm a contract? Does a minor have the capacity to enter.
© 2011 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 12 Capacity and Legality Chapter 12 Capacity and Legality.
Contractual Capacity Chapter 13. Limited Capacity  Minors  Incompetent Persons Intoxication Mentally Incompetent Persons.
Chapter 16: Legality and Public Policy
© 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.
Capacity and Legality Chapter 12. Capacity Contractual capacity – the threshold capacity required by law for a party who enters into a contract to be.
1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
Click your mouse anywhere on the screen when you are ready to advance the text within each slide. After the starburst appears behind the blue triangles,
P A R T P A R T Contracts Introduction to Contracts The Agreement: Offer The Agreement: Acceptance Consideration Reality of Consent 3 McGraw-Hill/Irwin.
Click your mouse anywhere on the screen when you are ready to advance the text within each slide. After the starburst appears behind the blue triangles,
COPYRIGHT © 2011 South-Western/Cengage Learning. 1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears,
1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
Legal Environment for a New Century. Click your mouse anywhere on the screen when you are ready to advance the text within each slide. After the starburst.
Chapter 9 Formation of Traditional And E-Contracts.
Fundamentals of Business Law Summarized Cases, 8 th Ed., and Excerpted Cases, 2 nd Ed. ROGER LeROY MILLER Institute for University Studies Arlington, Texas.
CHAPTER 17: ILLEGALITY AND PUBLIC POLICY. Learning Objectives: Status of Illegal Contracts Agreements in Violation of Statutes Agreements in Violation.
1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
CHAPTER 11 Agreement Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle.
Chapter 14: Contracts – Capacity and Legality
Chapter 14: Contracts – Capacity and Legality
CHAPTER 21 Warranties and Product Liability
CHAPTER 33 Life and Death of a Partnership
Capacity and Legality By Dhoni Yusra.
CHAPTER 10 Introduction to Contracts
CHAPTER 7 Negligence And Strict Liability
CHAPTER 12 Consideration
CHAPTER 36 Shareholders Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle.
CHAPTER 21 Warranties and Product Liability
Social Responsibility
CHAPTER 14 Capacity and Consent
Chapter 16 LEGALITY AND POLICY
CAPACITY AND LEGALITY CHAPTER 12
Legality For a contract to be enforceable, it must be formed for a legal purpose. A specific clause in contract can be illegal, but rest of contract.
Chapter 12 Capacity and Legality
Presentation transcript:

1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide or previous slide.

2 Quote of the Day “Gambling is the child of avarice, the brother of iniquity, and the father of mischief.” George Washington, United States President

3 Contracts that May Violate a Statute  Wagers  Licensing Statutes  Usury These types of contracts will be discussed further on the next slides.

4 Wagers  A gambling contract is illegal unless it is specifically authorized by state statute.  Internet gambling sites often operate from a legal location, but most states outlaw online betting.  Someone taking out a policy on the life of another must have an insurable interest in that person -- or else it becomes a “wager” on their life.

5 Licensing Statutes  When a licensing requirement protects the public, any contract made by an unlicensed worker is unenforceable.  When a licensing requirement is designed merely to raise revenue, a contract made by an unlicensed person is generally enforceable. Usury  Usury laws prohibit charging excess interest on loans.

6 Contracts that May Violate Public Policy  Restraint of Trade  Exculpatory Clauses  Bailment Cases  Unconscionable Contracts  Adhesion Contracts These types of contracts will be discussed further on the next slides.

7 Restraint of Trade  To be valid, an agreement not to compete must be ancillary to a legitimate bargain.  Sale of a Business When a noncompete agreement is ancillary to the sale of a business, it is enforceable if reasonable in time, geographic area, and scope of activity.  Employment A noncompete clause in an employment contract is generally enforceable only if it is essential to the employer, fair to the employee and harmless to the general public.

8 Exculpatory Clauses  Generally enforceable when the affected activity is in the public interest, such as medical care, public transportation, or some essential service.  Generally unenforceable when it attempts to exclude an intentional tort or gross negligence. the parties have generally unequal bargaining power. it is not clearly written and readily visible. Part of a contract that attempts to release you from liability for injury to another party.

9 Bailment Cases  Exculpatory clauses are very common in bailment cases.  Bailment means giving possession and control of personal property to another person.  The person giving up possession is the bailor, and the one accepting possession is the bailee.

10 Unconscionable Contracts  An unconscionable contract is one that a court refuses to enforce because of fundamental unfairness.  The two factors that most often led a court to find unconscionability were: oppression -- meaning that one party used its superior power to force a contract on the weaker party; and surprise --meaning that the weaker party did not fully understand the consequences of its agreement.

11 Adhesion Contracts  Adhesion contracts are standard form contracts prepared by one party and given to the other on a “take it or leave it” basis.  They are generally enforced when the two parties are of equal power, but when the parties are unequal, the contract may be ruled unconscionable.

12 “No matter how profitable a particular contract clause may appear to be, it is worthless if it is illegal. Make sure your agreement is lawful.” “No matter how profitable a particular contract clause may appear to be, it is worthless if it is illegal. Make sure your agreement is lawful.”

13 Link to the Internet  Clicking on the orange button below will link you to the website for this book. (You must first have an active link to the internet on this computer.)  Once there, click: Online Study Guide, then Your choice of a chapter, then Practice, then Internet Applications  You should then see web links related to that chapter. Click here! Click above to return to the slide show.