Commercial Law
Name
Institution Affiliation
商业法论文代写 There are four critical aspects that are critical during the formation of a contract. First, the legal capacity aspect suggests
Contents
Introduction…………………………………………………………………………………………………..3
1.The Case: Alan, Bernard, Charleen and Damien and Contract Formation ………….4
2.Bernard’s Legal Position and Remedies…………………………………………………………..5
3.Charleen’s Legal Position and Remedies …………………………………………………………6
4.Damien’s Legal Position and Remedies……………………………………………………………7
5.Alternative Dispute Resolution Options…………………………………………………………..8
References……………………………………………………………………………………………………….9
Introduction
A contract can be defined as a legal document that performs the tasks of binding two or more parties together. The contract serves as an essential commercial or business transaction tool in the everyday corporate world. Being an essential aspect of the business, contracts are entered in circumstances where there would be trading occurring.商业法论文代写
For this reason, a contract can be seen as a legal binding agreement between two individuals concerning a given business transaction. Anyone who is over 18 years is legally allowed to enter into a contract. People who are below 18 years old are often seen as minors and therefore are not allowed to enter into a contract unless they have a situation in which the minor is depended on the contract (Overy & Allen, 2015). It is essential to note that a contract does not necessarily have to be written or typed on a piece of paper for them to hold. The only reason why they are typed on paper is to ensure. That the parties oblige to everything that was agreed upon.
译文：
介绍
合同可以定义为执行将两方或多方约束在一起的任务的法律文件。合同是日常企业世界中必不可少的商业或商业交易工具。作为业务的一个重要方面，合同是在有交易发生的情况下签订的。
出于这个原因，合同可以被视为两个人之间关于特定商业交易的具有法律约束力的协议。法律允许任何年满 18 岁的人签订合同。 18 岁以下的人通常被视为未成年人，因此不允许签订合同，除非他们有未成年人依赖合同的情况（Overy & Allen，2015 年）。必须注意的是，合同不一定必须写在或打印在一张纸上才能让他们持有。将它们打印在纸上的唯一原因是为了确保。双方对商定的一切都有义务。
There are four critical aspects that are critical during the formation of a contract.
First, the legal capacity aspect suggests that for the contract to be presumed valid and active or in force. The participating parties must be mentally sound. Not under the influence of any substance such as alcohol or drugs.That could alter any form of cognitive judgment and must be over 18 years of age. Failing to comply with any of these conditions would make the contract invalid.商业法论文代写
Second, all parties must be willing to accept and follow all the terms and conditions that have been agreed on by the group. Third, both parties must be considerate of each other’s situations before entering the contract to ensure agreement. And lastly, both parties must have intentions of abiding by the rules of the contract. As an additional pointer due to its relevancy in this assignment, it is essential to note that sometime an agreement could be entered with a family or a friend. And therefore these are not necessarily contracts but domestic and social agreements respectively and therefore are non-legal. However, the agreements can be converted into legal treaties by creating contracts in the context of commerce.
译文：
在合同形成期间，有四个关键方面至关重要。
首先，法律能力方面表明，合同被推定为有效、有效或有效。参与方必须精神健全。不受任何物质（例如酒精或毒品）的影响。这可能会改变任何形式的认知判断，并且必须年满 18 岁。不遵守这些条件中的任何一个都会使合同无效。
其次，各方必须愿意接受并遵守集团已同意的所有条款和条件。第三，双方在签订合同之前必须考虑对方的情况，以确保达成一致。最后，双方必须有遵守合同规则的意图。由于其在此分配中的相关性，因此作为附加指针，必须注意有时可以与家人或朋友达成协议。因此，这些不一定是合同，而是国内和社会协议，因此是非法的。但是，可以通过在商业环境中创建合同将协议转化为法律条约。
1. The Case: Alan, Bernard, Charleen and Damien and Contract Formation
Based on the story making the case, it can be observed that Charleen and Alan are siblings while Bernard and Alan are friends. For this reason, the agreements between these parties are domestic and social agreements respectively. On the other hand, Damien is Bernard’s friend and therefore does not know Alan directly but learns. That he was selling his corporate law text book and written notes through Bernard. Based on what was already learned about the law of contract, it is not accurate to assume that the only contract that existed, in this case, was between Alan and Damien.商业法论文代写
译文：
1. 案例：Alan、Bernard、Charleen 和 Damien 以及合同成立 商业法论文代写
根据案情故事可以看出，查理和艾伦是兄弟姐妹，而伯纳德和艾伦是朋友。 因此，这些当事人之间的协议分别是国内协议和社会协议。 另一方面，Damien 是 Bernard 的朋友，因此并不直接认识 Alan 而是学习。 他通过伯纳德出售他的公司法教科书和笔记。 根据已经了解的合同法，假设唯一存在的合同是不准确的，在这种情况下，是艾伦和达米安之间的。
This is mainly because selling the book would entail a process of commerce.
And therefore making the other agreements contracts entered with the seller valid contracts. It was also noted that Charleen is undertaking her GCE ‘O’ levels in the same year of the transaction. And therefore she is probably below the age of 18 putting these factors into consideration. This is because one of the important aspects of entering a contract is ensuring. That the parties that are involved are over 18 years of age (MacMillan & Stone, 2012). Consequentially, it is okay to state that Charleen was not in a contract with Damien because of the age factor. A person below the age of 18 can only be allowed to enter into a contract if the situation of the items to be transacted is dire to their life or survival of the underage individual.商业法论文代写
Since this was not the case with Charleen, then it can be noted that she did not enter into the contract with her brother Alan or if she did, the contract was not valid as she is a minor.
In fact, When Alan agreed to sell the book to her. He was thinking about something else and agreed without realizing her sister her sister was serious about it. Since contracts are legally binding documents, their real purposes are to show two or more parties that have come together to fulfill a given reason.商业法论文代写
As per general rules surrounding the formation of a valid contract and in regards to the terms of sales. It can be observed that Allan first entered the agreement with Bernard on the 3rd of November 2015. When Bernard posted on Alan’s Facebook stating that after much considerations he had decided to buy the book finally. Therefore, the first valid contract was that between Alan and Bernard. The other valid contracts were between Alan and Damien as the agreements followed all the conditions that must prevail for a contract to be rendered valid.
译文：
这主要是因为出售这本书需要一个商业过程。
从而使与卖方签订的其他协议合同生效。还注意到 Charleen 正在交易的同一年达到她的 GCE “O”级别。因此，考虑到这些因素，她可能还不到 18 岁。这是因为签订合同的重要方面之一是确保。涉及的各方均超过 18 岁（MacMillan & Stone，2012 年）。因此，由于年龄因素，可以说 Charleen 没有与 Damien 签订合同。未满 18 岁的人只有在要交易的物品的情况对其生活或未成年人的生存构成严重威胁的情况下才能被允许签订合同。
由于 Charleen 的情况并非如此，因此可以注意到她没有与她的兄弟 Alan 签订合同，或者如果她签订了合同，则合同无效，因为她是未成年人。
事实上，当艾伦同意把这本书卖给她时。他在想别的事情，并没有意识到她姐姐她姐姐是认真的就同意了。由于合同是具有法律约束力的文件，它们的真正目的是表明两个或更多的当事人为了满足特定的原因而走到一起。
根据围绕有效合同的形成和销售条款的一般规则。可以看出，艾伦第一次与伯纳德达成协议是在2015年11月3日。当伯纳德在艾伦的脸书上发文称，经过深思熟虑后，他最终决定购买这本书。因此，第一个有效的合同是艾伦和伯纳德之间的合同。其他有效合同是 Alan 和 Damien 之间的，因为这些协议遵循了使合同生效所必须具备的所有条件。
2. Bernard’s Legal Position and Remedies
Being a friend of Alan on Facebook, presented an opportunity for Bernard to see Alan’s post concerning the sale of the commercial law resources. This post makes Bernard interested in purchasing the book but is a bit short of funds. And therefore communicates this to Allan, who is hesitant to sell at this price by the time he sees Bernard’s post because he found a better deal with Bernard’s friend, Damien. After Damien promises to pay the full $200. Alan tells Bernard that the amount he offered was not enough and that he had already found a new customer.商业法论文代写
Since Bernard wanted these materials, he agrees to pay the initial requested amount. And since he would not be around to collect the materials in time, he decided to post the amount to Alan, who receives the amount. The fact that Bernard had already informed Alan that he would take the book even on Facebook. And he accepted can be seen as a form of contract that was entered between the two parties. Based on the law, the contract is legit as both participants have a sound mind, and not influenced by anything that could affect their judgment. And the fact that they are both above 18 years of age. With all these factors considered, it would have been right if Allan decided to sell the resources to Bernard alone according to the agreement.
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2. Bernard 的法律地位和补救措施
作为 Alan 在 Facebook 上的朋友，Bernard 有机会看到 Alan 关于销售商法资源的帖子。这篇文章让伯纳德有兴趣购买这本书，但资金有点短缺。因此，将这一点传达给艾伦，当他看到伯纳德的帖子时，他对以这个价格出售犹豫不决，因为他与伯纳德的朋友达米安找到了更好的交易。在达米安承诺支付全部 200 美元之后。艾伦告诉伯纳德，他提供的金额不够，他已经找到了一个新客户。
由于伯纳德想要这些材料，他同意支付最初要求的金额。由于他不能及时收集材料，他决定将金额过帐给收到该金额的艾伦。事实上，伯纳德已经通知艾伦，他甚至会在 Facebook 上拿这本书。而他接受可以看作是双方签订的一种合同形式。根据法律，合同是合法的，因为双方都有健全的头脑，不受任何可能影响他们判断的事情的影响。事实上，他们都超过 18 岁。考虑到这些因素，如果艾伦决定按照协议将资源单独出售给伯纳德，那就对了。
Originally, no contract was formed between Bernard and Allan because from the Facebook post, Allan had already made it clear.
That his offer of $150 was merely insufficient and therefore he was not in a position to offer the book to him.However, when Bernard re-evaluated the situation, he later agreed to pay up the entire $200 for the resources. But Allan did not mention the fact that he had entered into another contract with Damien that looked hopeful. Because a contract must be clear, precise and open between the parties involved, the legal position of Bernard in this situation is that he entered into a contract with someone that was not open about the terms of sale of the book (Rego & De Almeida, 2002).商业法论文代写
Also, Bernard was only handed the textbook without the hand-written notes, with Allan claiming that the notes were scribbled inside the textbook. And therefore Bernard might have felt like there was no value for the money he had offered for the resources and therefore could sue for Damages. Also, the moment Alan agreed to sell the book to him. They had entered a contract, but Allan violated the contract by separating the resources and failing to sell the class notes to Bernard but Damien. The remedy for this situation is to raise the alarm for the breach of the contract. And demand a refund if the full resources would not be provided as initially agreed (The University of New Mexico, 2015).
译文：
最初，伯纳德和艾伦之间没有形成任何合同，因为在 FACEBOOK 帖子中，艾伦已经明确说明了这一点。
他提供的 150 美元只是不够，因此他无法向他提供这本书。
然而，当伯纳德重新评估情况时，他后来同意支付全部 200 美元的资源。但艾伦并没有提到他与达米安签订了另一份看起来充满希望的合同。由于相关各方之间的合同必须明确、准确和公开，因此伯纳德在这种情况下的法律立场是他与未公开图书销售条款的人签订了合同（Rego & De Almeida， 2002）。
此外，伯纳德只拿到了没有手写笔记的教科书，艾伦声称这些笔记是在教科书中潦草地写的。因此伯纳德可能会觉得他为资源提供的钱没有价值，因此可以起诉损害赔偿。还有，艾伦同意把这本书卖给他的那一刻。他们已经签订了合同，但艾伦违反了合同，将资源分开，未能将班级笔记出售给伯纳德但达米安。对这种情况的补救措施是对违约行为发出警报。如果没有按照最初商定的方式提供全部资源，则要求退款（新墨西哥大学，2015 年）。
3. Charleen’s Legal Position and Remedies 商业法论文代写
When Charleen tells Allan about his intentions of purchasing the textbook, he does not take her seriously. Considering she is a minor doing her ‘O’ levels, he does not think that she is serious about studying a corporate law textbook and therefore thinks she is joking. And thus his mind is distracted when he agrees to sell the book to her. She is, however, serious about the matter and tells her brother that he would pay the full amount by 6th of November as she had said she would.商业法论文代写
At this point, Allan had already received money for the book from Bernard who had mailed it to him, but he still had the textbook.On the 8th of November, Allan gave the original book to Bernard while he bought another book with Charleen’s funds to end up selling it to Damien. In this case, it is not evident that Charleen is compensated for her money. She had clearly noted that she was interested in the book and therefore according to her, she had the legal obligations to demand the book after paying for it. But her brother does not seem keen on ensuring her sister gets what she paid for. Instead, he ends up using her money to purchase another book that he sells to Damien.
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3. Charleen 的法律地位和补救措施 商业法论文代写
当 Charleen 告诉 Allan 购买教科书的意图时，他并没有把她当回事。考虑到她是一个未成年人，她的“O”级，他不认为她认真学习公司法教科书，因此认为她是在开玩笑。因此，当他同意将这本书卖给她时，他的心就会分心。然而，她对此事很认真，并告诉她的兄弟，他将像她所说的那样，在 11 月 6 日之前全额支付。
此时，艾伦已经收到了寄给他的伯纳德的书钱，但他还有教科书。11月8日，艾伦将原书交给伯纳德，同时他用夏琳的资金买了另一本书给伯纳德。最终把它卖给了达米安。在这种情况下，Charleen 的钱得到补偿并不明显。她已经清楚地表明自己对这本书感兴趣，因此据她说，她有法律义务在付款后索要这本书。但她的哥哥似乎并不热衷于确保她的妹妹得到她所支付的。相反，他最终用她的钱购买了另一本书，然后卖给了达米安。
Here, Charleen can raise a complaint about non-compliance as she had already paid for a product that she did not receive (Tufal, 2014).
As it was established earlier, she is a minor and therefore the agreement between herself. And the brother could not be termed as valid because if her age. However, this does not mean that she should be duped because she is underage or the fact that the contract is not valid.商业法论文代写
In her situation, the situation is different because even if she did not enter into a contract with her brother Alan, she gave him money but did not obtain anything in return from him. And thus this could be the premise of her complaint which would form her legal position. One of the remedies to this concern is that she should ask for her money back or compensation with the textbook. Which is not probable because Allan had already sold the original copy to Bernard ad used money given to him by Charleen to purchase the same book for Damien. Asking for compensation or suing for damages would be the best remedy for Charleen in this situation.
译文：
在这里，CHARLEEN 可以对不合规行为提出投诉，因为她已经为未收到的产品付款（Tufal，2014 年）。
正如之前确定的那样，她是未成年人，因此是她俩之间的协议。哥哥不能被称为有效，因为如果她的年龄。然而，这并不意味着她应该被欺骗，因为她是未成年人或合同无效的事实。
在她的情况下，情况就不同了，即使她没有和哥哥艾伦签订契约，她也给了他钱，却没有从他那里得到任何回报。因此，这可能是她投诉的前提，从而构成她的法律地位。解决这个问题的方法之一是她应该要求退款或用教科书补偿。这不太可能，因为艾伦已经把原版卖给了伯纳德，用查琳给他的钱为达米安购买了同一本书。在这种情况下，要求赔偿或起诉损害赔偿将是 Charleen 的最佳补救措施。
4. Damien’s Legal Position and Remedies
Of all the people that had bought the book from Allan, Damien was the one that got worth for his money. Even though they found out later that the book was offered for free at school, Damien had received both the book and the class notes from Allan as it was agreed in the contract. Being Bernard’s friend, Damien had heard from Bernard. That Allan was selling the textbook together with his notes and was immediately intrigued and wanted the resources to himself.商业法论文代写
He, therefore, took Allan’s number from Bernard’s form and communicated that he wanted the book and the notes and that he would pay upfront. Which Allan agreed and delivered even if the textbook that he did offer was not the original one. According to the contract they entered, Damien has no legal position to reverse this situation as he was the one who willingly entered the contract and got value for his money. Therefore, there should be no complaints even when they found out that the school offered the book for free.
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4. Damien 的法律地位和补救措施 商业法论文代写
在所有从艾伦那里购买这本书的人中，达米安是物有所值的人。尽管他们后来发现这本书是在学校免费提供的，但达米安还是按照合同中的约定从艾伦那里收到了这本书和课堂笔记。作为伯纳德的朋友，达米安从伯纳德那里得到了消息。艾伦把教科书和他的笔记一起卖掉了，他立刻被吸引住了，想要资源给自己。
因此，他从伯纳德的表格中获取了艾伦的号码，并表示他想要这本书和笔记，并且他会预付。即使艾伦提供的教科书不是原版，艾伦也同意并交付了。根据他们签订的合同，达米安没有法律地位可以扭转这种局面，因为他是自愿签订合同并物有所值的人。因此，即使他们发现学校免费提供这本书，也不应该有任何抱怨。
5. Alternative Dispute Resolution Options
Apart from the ordinary legal processes that the participants might want to participate in, there are alternative ways that could be helpful in dispute resolution. For example, the three could utilize arbitration. This is a dispute resolution strategy that entails the resolving of such types of disputes outside the court (Institute of International Commercial Law, 2016).商业法论文代写
In this case, a third party is introduced in every one of the arrangements entered by Allan. And comes up with a decision that is legally binding on either side of the participants. And the decision arrived could be enforceable in the courts in case one party is hesitant. It is essential to note that in a case like this, it would be tedious and time wasting to follow a court system to make a decision on what should happen. For this reason, the parties might opt using arbitration as an alternative dispute resolution mechanism.
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5. 替代性争议解决方案 商业法论文代写
除了参与者可能希望参与的普通法律程序外，还有其他方法可以帮助解决争议。 例如，三者可以利用仲裁。 这是一种争议解决策略，需要在法庭外解决此类争议（国际商法协会，2016 年）。
在这种情况下，Allan 输入的每一项安排都会引入第三方。 并提出对参与者任何一方都具有法律约束力的决定。 如果一方犹豫，所做出的决定可以在法庭上强制执行。 必须注意的是，在这样的情况下，遵循法院系统来决定应该发生的事情将是乏味和浪费时间的。 出于这个原因，当事人可能会选择使用仲裁作为替代的争议解决机制。
References 商业法论文代写
Institute of International Commercial Law. (2016). Certificate Program on Arbitration. Retrieved May 18, 2017, from http://iicl.law.pace.edu: http://iicl.law.pace.edu/iicl/certificate-program-arbitration
MacMillan, C., & Stone, R. (2012). Elements of the Law of Contract. University of London, 1-58. Retrieved May 18, 2017, from https://www.londoninternational.ac.uk/sites/default/files/programme_resources/laws/ug_subject_guides/elements_law_contract-subjectguide4chapters.pdf
Overy, & Allen. (2015). Basic Principles of the English Contract Law. Advocates for International Development, 1-14. Retrieved May 18, 2017, from http://www.a4id.org/wp-content/uploads/2016/10/A4ID-english-contract-law-at-a-glance.pdf
Rego, L. M., & De Almeida, C. F. (2002). Contract Law. Legal Sources, 1-14. Retrieved May 18, 2017, from http://www.mlgts.pt/xms/files/Publicacoes/Artigos/2013/PLO_-_Margarida_Lima_Rego_-2-.pdf
The University of New Mexico. (2015). Remedies for Breach of Contract. Retrieved May 18, 2017, from http://jec.unm.edu: http://jec.unm.edu/education/online-training/contract-law-tutorial/remedies-for-breach-of-contract
Tufal, A. (2014). Remedies for Breach-Damages. Retrieved May 18, 2017, from Causation: https://www.lawteacher.net/PDF/contract-law/Remedies%20Lecture%201.pdf
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