Because promises are usually kept, it is usually reasonable to rely on a promise, and promises are usually relied upon. (p. 1)
Despite its centrality to the human condition, the social practice of promising remains primitive and incomplete in comparison to other disciplines such as mathematics and linguistics (Mather, 1999). When it comes to the promises contained in contracts of any type, there are some general guidelines but these do not embrace all of the issues involved by any means. For example, "We have our basic rule, 'Keep your promises!,'" Mather advises, "But the practice of promising does not determine, in any precise way, what counts as a promise. It is generally agreed that one need not say "I promise" in order to make a promise, but we have no agreed-upon test specifying which kinds of words or actions constitute a promise and which do not. Nor does our promising…...

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References

Adams, J., & Brownsword, R. (1995). Key issues in contract. In D. Johnston & R. Zimmerman (Eds). Unjustified enrichment: Key issues in comparative perspective. Cambridge, UK: Cambridge University Press.

Beatson, J.E., & Friedmann, D.E. (eds.). 1997. Good faith and fault in contract law. Oxford: Clarendon Press.

Black's law dictionary. 1990. St. Paul, MN: West Publishing Co.

Buckley, F.H. (ed.). (1999). The fall and rise of freedom of contract. Durham, NC: Duke University Press.

Introduction Several theorists have used social contract theory to understand the government’s role in taking care of the public and addressing the public’s needs. Current political issues offer further examination of social contract theory and how it may help with understanding government obligation and public participation. Rousseau's social contract theory is best and most relevant for understanding and offering solutions to contemporary political issues like mandatory vaccination, taxation, and universal healthcare because it offers a foundation from which to explain the perceived obligations of both the government and the public. Rousseau’s version of social contract theory contrasted against other theorists like Hobbes's and Locke's social contact theories demonstrates how one interpretation of a theory may be better suited for modern political issues over others.
According to social contract theory via Locke’s interpretation, when the government remains unsuccessful in securing natural rights or fulfilling society’s best interest often recognized as the "general will"…...

All other issues are derived from this rule. Many of the modern contracts have express conditions, which are explicit contractual provisions that the parties need to abide by. The related elements that this incurs are detailed in the subchapter referring to express conditions. An interesting element of contract performances is those particular contracts that are divisible. In those cases, the parties' performance can be apportioned into pairs of matching or corresponding parts.
The part of this chapter discussing breaches of contracts starts with a classification of breaches into material and minor breaches, with each of the two being discussed in detail. Anticipatory breach is referred to and is defined and categorized in another part of the chapter.

Chapter 6 discusses general remedies for contracts and starts with basic measures that can be undertaken. The damage measures are described as being determined either based on the expectation of damages, or as restitutionary…...

Ethics and Morality: The Theories of Ethics and Morality
The subject in this case faces an ethical dilemma, where she has to choose between reporting an ethical concern and just playing along or doing nothing at all. Both choices have serious consequences -- reporting would mean that i) she loses her job and livelihood because of a confidentiality breach, and ii) she stops her organization from producing the environmentally-friendly hovercraft, and consequently, becomes the reason why the world will never enjoy clean unpolluted air. Playing along, on the other hand, would mean that she watches as 200,000 innocent lives are lost as a result of the hovercraft's incompatibility with existing models.

The subject has a duty to uphold confidentiality in all dealings that have to do with the company. Disclosing such information to the press would amount to breach of this duty. However, as a member of a corporate body, she also…...

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References

Fedler, K.D. (2006). Exploring Christian Ethics: Biblical Foundations for Morality. Louisville, KY: Westminster John Knox Press.

Tully, P.A. (2006). Refined Consequentialism: The Moral Theory of Richard A. McCormick. New York, NY: Peter Lang Publishing.

Contracts, Contract Law, And Society
Contract Law

Contracts are legally-binding agreements between two or more self-regulating parties for the purpose of furthering their commercial goals (Eisenberg, 1994). The elements of contracts, together with the laws that provide protections for the parties involved, are theoretically straightforward and appeal to common sense principles, but in practice the forging of contracts and their enforcement can at times be complex. The theories and principles that underlie contract law also remain somewhat controversial and refractory to unequivocal definitions (Schwartz & Scott, 2003). To gain a better understanding of why contracts are so important to society this essay will review the essential element of contracts and the theories supporting their use, from a social, economic, and legal perspective.

Elements of a Contract

The four basic elements of a contract are: (1) mutual assent, (2) consideration, (3) capacity, and (4) legality (Legal Information Institute, 2010). Mutual assent implies that both parties…...

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References

Contractors State License Board. (2012). What should I look for in a contract and binding agreements? California Department of Consumer Affairs. Retrieved from:  http://www.cslb.ca.gov/consumers/hireacontractor/contractsandbindingagreements.asp .

Eisenberg, M.A. (1994). Expression rules in contract law and problems of offer and acceptance. California Law Review, 82(5), 1127-1180.

"Legal Elements of a Contract." (n.d.). Kansas State University. Retrieved from  http://www.hfrr.k-state.edu/doc3109.ashx .

Legal Information Institute. (2002). U.C.C. -- Article 2 -- Sales (2002). Retrieved from:  http://www.law.cornell.edu/ucc/2 .

Contract Law
For most of us living in Western societies contracts pervade most of our waking hours, yet how often do we really think about the countless transactions that we engage in every day? Buying a cappuccino at the corner Starbucks, streaming a video on Netflix, or coming home to a mortgaged house can involve countless contracts, both unstated and written. In fact, our ability to stream videos over the internet in our own home probably involves layers upon layers of contracts. Given the importance of contracts in our everyday lives, it should come as no surprise that volumes of statutes have been crafted at both the state and federal levels which attempt to define the legal parameters of exchange relationships. Contrary to expectations, however, some controversy remains due to opaque or contradictory judicial rulings (Chirelstein, 2010, p. 1). This report will examine the basic elements of contracts, the laws governing…...

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References

Arkansas Department of Health & Human Services v. Alhborn, 547 U.S. ____ (2006).

AT&T Mobility v. Concepcion, 563 U.S. ____ (2011).

Chirelstein, M.A. (2010). Concepts and Case Analysis in the Law of Contracts (5th ed.). New York, NY: Foundation Press.

Epstein, D.G., Markell, B.A., & Ponoroff, L. (2012). A Short & Happy Guide to Contracts. St. Paul, MN: Thomson Reuters.

(University of Oslo Law School, 2005) Characteristic for the Norwegian legal tradition in the 20th century, as for the rest of Scandinavia, is the so-called "legal realism," which has emphasized considerations of justice in legal reasoning. Conceptualism and integrated theoretical systems have never been followed in Scandinavia, in other words, there is no attempt to create a unified theory of contract law, rather disputes are handled by a case by case basis, with more faith in the practices of the judges to administer and dispense justice. (Lillebakken, 1997)
orks Cited

Lillebakken, Frode. "Norway: ECTS 1996/97" University of Oslo Law School. 1996. http://www.jur.uib.no/Studier/Utland/English/ECTS/LEGAL.htm

University of Oslo Law School. "American Contract Law: Boiler Plate Essays." 2005. Anglo Project. http://www.jus.uio.no/ifp/anglo_project/essays.html...

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Works Cited

Lillebakken, Frode. "Norway: ECTS 1996/97" University of Oslo Law School. 1996. http://www.jur.uib.no/Studier/Utland/English/ECTS/LEGAL.htm

University of Oslo Law School. "American Contract Law: Boiler Plate Essays." 2005. Anglo Project.  http://www.jus.uio.no/ifp/anglo_project/essays.html

Typically, a contract will be the written version of the agreement. An agreement without a contract is often not enforceable by law. The intent to create legal relations in this instance is clear on the part of EndZone, as per their email, but is not clear on the part of Maverick. The email iterates the consideration, timing and price contained within the agreement. However, EndZone would need to prove that Maverick has agreed to these terms. Maverick did not respond to the email, and only purchased $1,000 worth of goods over that time period. EndZone must provide a preponderance of evidence and it is unlikely that a sent email, unresponded to, and allegation of an oral agreement are unlikely to constitute that preponderance. Given that EndZone will be unable to demonstrate clear consideration in the form specific products and specific prices for those products, they will be unable to…...

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Works Cited:

Uniform Commercial Code. Retrieved July 4, 2009 from  http://www.law.cornell.edu/ucc/1/article1.htm

On the part of his fellow scientists, Snow's research was resisted because it was conducted with intellectual 'leaps' of logic in his determination to find the cause, as opposed to Farr's more technical and methodological approach. Farr had the more comprehensive health surveillance program, but Snow's hypothesis and instincts were correct. Snow drew upon past studies involving smallpox, cowpox, and syphilis, to extrapolate parallel examples of how the disease was transmitted, while Farr clung to the airborne model of disease transmission popular at the time even after reviewing such studies. Farr stated that non-living or zymotic material was transmitted through the air, and hence the closer the quarters of the affected, the more apt the material would be transmitted through the air.
The commonly-held belief was that fecalized air and water were the primary conduits of the disease. Farr believed primarily that the transmission was "miasmatic" and the prevalence in…...

Financial Contracting for New Venture:
Investments in a new venture usually involve financial contracts between the entrepreneur and external investors. These external investors include venture capitalists, angel financiers, banks, private financing companies, and credits unions among others. Notably, financial contracts can have positive and negative effects on the new venture. For instance, an angel financier can add a clause on the financial contract that will not permit the entrepreneur to borrow more funds without permission from the lender. While this is likely to occur when the lending institution has a mortgage or lean on the venture's property, the clause is usually added to lessen foreclosure risk. As an individual seeking to venture in a clothing business for the Mixed Martial Arts customers to provide shirts, hoodies/fleeces, and hats, it is important to choose the most appropriate type of financial contracting with the external investor. This process of selecting the most suitable…...

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References:

Anderson, C. (2013, January 25). 8 Things You Need to Know About Starting A Fashion

Business. The Huffington Post. Retrieved January 10, 2014, from  http://www.huffingtonpost.com/2013/01/24/starting-a-fashion-business_n_2534518.html 

de Bettignies, J. (2008, January). Financing the Entrepreneurial Venture. Management Science,

54(1), 151-166. Retrieved January 10, 2014, from  http://web.business.queensu.ca/faculty/jdebettignies/docs/EntrepFinPrintedVersion.pdf

Namely, the institutions of slavery and Jim Crow that were used to constrain the growth and advancement
of African Americans are today disregarded as being directly relevant to
the fortunes and opportunities of blacks in America. This is both
unrealistic and unethical, with the denial of its lasting impact casting
American racism in an historical light rather than one which is still
present and problematic. It is thus that the social contract today serves
the interests of dominance even as it feigns to have disavowed these
aspects of itself.
A true resolution to the failures of the social contract may only
really occur when the discourse on America's racialist past and the lasting
effects of this on the current fortunes of African Americans is resolved.
In that regard, Mills regards it as largely a fiction that racial
discrimination ended in any meaningful way after the Emancipation
Proclamation; rather, racial prejudice and systematic subjugation continued
overtly well into the 20th century, continuing still today albeit…...

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Works Cited:

Mills, C.W. (2000). Race and the Social Contract Tradition. Social

Identities, 6(4).

An objective glance at history tells us that the social contract was a real and actual covenant. The first people who banded into communities formed some overt and covert covenant with their neighbors, replete with trappings, that later became known as 'legal', in order to ensure their survival within this band of fellow strangers. The racial contract, though real, did not displace the social contract. Although the social contract, as per the French revolutionists terms of liberty, equality and fraternity never existed - even amongst Whites, it was always a myth and more symptomatic of Utopia - practical forms of the social contract, albeit with variations amongst gender and race, persisted. Integrated with the social contract, however, was a racial form of contract where male supremacism characterized by Christians of the white race gained sufficient power to dominate others who did not belong to their gender or race. acial category,…...

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Reference

Mills, C. (1997). The Racial Contract, Cornell University Press, Ithaca & London

The ability to end or terminate the contract is unilateral. Gabbard expresses the fact that changes must also be unilateral. The terms in settling a dispute must be predetermined before entering contract. The Government contract gives the authoritative party the right to audit the books of the company selling the product or service. In this court case, the government was allowed to appeal the case won by Agredano resulting in a reversal of the former court ruling.
Government Contract Comparison to Uniform Commercial Code/Contract

The U.C.C. Or commercial contract is less formal and authority to enter a contract is assumed by the parties involved (Gabbard, 2011). In a UCC the terms are not detailed or written out in a formal document as required by a government contract. In fact the details are implied (Gabbard, 2011).

Analyzing and Evaluation Example: Carpet Cleaning Contract

For example in a UCC contract with a carpet cleaner, it…...

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References

Cengage Learning, (2011). Buyer beware applies to vehicle bought by the government.

June 12, 2010 from  http://www.swlearning.com/blaw/cases/sales/0410_sales_01.html 

Gabbard, E.G. (2011). Relationship of far and ucc in subcontracting. Retrieved June

10, 2011 from fasmg. org/farucc. htmlhttp://www.

Liberal equality is another principle that was propagated by awls and focuses on the removal of artificial obstacles or man made obstacles as opposed to the natural liberty principles. awls here argues for the removal of inequalities which act as disadvantages to some people and this can be achieved trough giving them a just share of the primary goods the society has to offer. This principle neglects the natural endowments natural disadvantages. Another philosopher, onald Dworkin therefore argues that even if these social primary goods are assembled yet the people with natural disabilities are not given some form of insurance, then they would still be disadvantaged (Matthew Clayton, n.d:8).

The concept of democratic equality deals with liberty and equality. It brings into perspective the basic freedoms and rights like those of speech and assembly among the others. It states that each individual should be accorded these in order to ensure the…...

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Robert Cavalier et.al. (2012). John Rawls: A Theory of Justice (1971). Drury College. Retrieved October 10, 2012 from  http://caae.phil.cmu.edu/cavalier/Forum/meta/background/Rawls.html 

Leif Wenar, (2012). John Rawls. Retrieved October 10, 2012 from  http://plato.stanford.edu/entries/rawls/ 

Matthew Clayton, (n.d). Liberal Equality and Ethics. Retrieved October 10, 2012 from  http://www2.warwick.ac.uk/fac/soc/pais/people/clayton/research/liberalequality/liberalequality.pdf

The purpose of the take-or-pay clause is to allocate the respective risks of the production and sales of natural gas between buyers and sellers.
According to Gaille, "The seller bears the risk of production. To compensate seller for that risk, buyer agrees to take, or pay for if not taken, a minimum quantity of gas. The buyer bears the risk of market demand. The take-or-pay clause ensures that if the demand for gas goes down, seller will still receive the price for the contract quantity delivered each year."

Although there are other salient risks involved, the two main risks hedged against are the two described above.

2.2.2.1 Transfer of volume risk. According to Meyer, Myers, Kolbe, Leonard and Baker, "Take-or-pay contracts are often signed in transportation industries precisely to shift risk of revenue variances away from the suppliers who have sunk costs in the right-of-way to the suppliers of the operating services…...

Title: Navigating the Crossroads of Authority: Exploring the Legitimacy and Limits of Power in Political Theory

Introduction:
At the crux of political theory lies the intricate interplay between authority and power, a dynamic relationship that has sparked debates and shaped paradigms for centuries. This essay delves into the multifaceted concept of legitimacy, interrogating the foundations of authority and the boundaries of power. Through a comprehensive analysis of historical and contemporary perspectives, we will explore the challenges and complexities of legitimizing power, the tensions between various sources of authority, and the implications for political practice and social justice.

1. The Sources and Foundations of....

1. The Concept of Justice in Rawls and Nozick's Political Theory:
- Analyze and compare John Rawls' and Robert Nozick's theories of justice.
- Discuss the implications of their views on social and economic equality.
- Evaluate the strengths and weaknesses of their respective arguments.


2. Utilitarianism vs. Deontology: A Comparative Analysis:
- Compare and contrast the ethical theories of utilitarianism and deontology.
- Explore the strengths and weaknesses of each theory in terms of their application to political decision-making.
- Discuss the relevance of these theories in contemporary political debates.


3. The Legitimacy of Political Authority:
- Examine different theories of....

1. The Enlightenment ideals significantly influenced the outcome of the American Revolution by promoting concepts such as natural rights, liberty, and the social contract theory, which served as the foundation for the colonists quest for independence.

2. The Enlightenment philosophy, particularly the ideas of John Locke on individual rights and the consent of the governed, inspired American revolutionaries to challenge the authority of the British monarchy and demand self-governance.

3. The works of Enlightenment thinkers like Montesquieu, who advocated for the separation of powers in government, influenced the drafting of the American Constitution and helped shape the political....

1. The Enlightenment's emphasis on individual rights and government by consent provided the ideological foundation for the American Revolution, inspiring colonists to challenge British authority and demand self-governance.

2. The Enlightenment ideals of natural law and the social contract theory shaped the Declaration of Independence, which asserted the inherent rights of the colonists and justified their separation from Great Britain.

3. The Enlightenment's belief in reason and scientific inquiry fostered a questioning spirit among colonists, leading them to critically examine British policies and recognize the need for reform.

4. Enlightenment principles influenced the development of the American Constitution, which established....