BUSINESS LAW

CONTRACTS AND ECONOMIC DEVELOPMENT OF EASTERN EUROPE

                                                11/16/04


The concept of contract law has been developed through years. It deals with how different procedures have been used to help solve contract conflicts. Contract law reflects real business experience since it can be traced back to the days when in order to solve a dispute English courts used the lex mercatoria, which were the commercial rules that merchants used when doing business across borders.

A contract is the legal relationship that consists of the rights and duties of the agreeing parties growing out of promises. Contract law, governs the enforcement of such relationship.        

Different states have developed different contracts laws within the United States. Nevertheless, the basic rules are the same in all states.

The case I used in this presentation was the case between Ardente Vs. Horans. The Horans offered to sell their house in Newport, Rhode Island.  Ardente offered to pay $250,000 for the property. His offer was communicated to the Horan’s through his attorney. The Horans indicated, in a reply through their attorney, that the bid was acceptable. The Horans’ Attorney prepared a sell contract and sent it to Ardente for his signature. Ardente’s Lawyer then returned the signed contract, with a check for $20,000 and a letter stating: “My clients are concerned that the following items remain with the real estate: a) Dining Room

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set and tapestry wall covering in the dining room; b) fire place fixtures throughout; c) the sun parlor furniture. I would appreciate you confirming that these items are a part of the transaction, as they would be difficult to replace.”

The Horans did not agree to include those items in the sell, so they refused to sign the contract and returned the check to Ardente. He sued the Horans for specific performance of the contract (order by court requiring the party who created the wrong to perform the obligations she promised in the contract). The trial’s judge held that ...

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