example of an contract law essay

Contract Law: The Case Study Essay

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A contract is a mutual agreement of obligation between two people or parties reaching consent. In most cases, such commitments are enforced by the law. The arrangement involves one side making an offer, which the other party accepts. A contract consists of such elements as offer and acceptance, appropriate consideration, and legality (Eisenberg, 2018). The parties involved should also have the contractual capacity to commit to the pact. Applying the law in contracting means that there are consequences if any participant forfeits the rules pertaining to the engagement. Therefore, breach of contract necessitates legal measures for failing to honor the deal or hindering the execution of the promise by the other party. This negligence is a case of punitive damage for which the complainant requires compensation for money and time wastage.

The scenario presented involves two individuals, Johnny, who is not a merchant under the Uniform Commercial Code, and his neighbor Mark, from whom he offers to buy a car for $30,000. The latter requires some time to consider the offer to which Johnny agrees and puts down in writing that his proposition is going to remain open for fourteen days. After a week, Johnny sees another car that fascinates him, buys it and informs Mark of his intention to revoke the initial offer. In response, Mark insists that Johnny’s proposal was in writing and still holds it. Johnny apologizes, saying he cannot keep the agreement but promises to give mark $10,000 for the assistance that he had received from him in the previous year around the house. Appeased, Mark accepts only for Johnny to annul his second pledge after a week. The former decides to sue Johnny for breach of contract on the two commitments, buying the car and the $10,000 offer.

There was a valid contract between the two, but Johnny dissipated both Marks’s time and money. He Hastily offers to buy the car instead of informing him that he hasn’t made a final decision and needs to check more cars before settling on one. Johnny also made the mistake of writing down his promise to Mark. Purchasing a car requires a lot of research and inquiries instead of choosing the first option due to the availability of more varieties that might even be cheaper in the market. After being approached by Mark, Johnny should have told him that he had not made a final decision because he still wanted to look around; therefore, he was unwilling to commit. The promising note written by Johnny caused the car to be withheld from other customers willing to purchase it. Mark, the car owner, had the opportunity to sell the machine, but he had the integrity to hold it. Johnny’s actions concerning the car are wrong, and he deserves to pay for them.

There is evidence of an oral contract between Mark and Johnny, although it is related to the first agreement, which Johnny also broke. He acknowledges Mark’s help on his property and offers to compensate him, making the latter cancel his initial disappointment on the car contract. This agreement makes Johnny legally liable to atone for all the words he fails to honor.

Breach of a contract is concluded when a party involved fails to perform their role and doesn’t give a valid excuse. In this view, the elements of a contract are not fully satisfied; therefore, Mark has an entitlement to take legal action against Johnny (Luntz et al., 2017). Having kept his part of the agreement, Mark deserves compensation for indemnity.

Eisenberg, M. A. (2018). The Theory of Efficient Breach. In Foundational principles of contract law . Oxford University Press.

Luntz, H., Hambly, D., Burns, K., Dietrich, J., Foster, N., Harder, S., & Grant, G. (2017). Torts: Cases and commentary ( 8 th ed.). LexisNexis Butterworths.

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Home — Essay Samples — Law, Crime & Punishment — Contract Law — The Contract Law: The Case of Jim, Laura, and the Automobile Purchase

The Contract Law: The Case of Jim, Laura, and The Automobile Purchase

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Updated: 29 March, 2024

Words: 819 | Pages: 2 | 5 min read

Table of contents

The essentials of a legally binding contract, analysis of the automobile purchase agreement, the legal standing of the oral agreement.

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93 Contract Law Research Topics & Essay Examples

📝 contract law research papers examples, 💡 essay ideas on contract law, ❓ contract law research questions.

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Law Essay Examples

10+ Winning Law Essays Examples | Boost Your Grades Now

Published on: May 8, 2023

Last updated on: Jul 19, 2024

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Are you looking for inspiration to get started on your law essay? If so keep reading! 

As a law student, you're expected to have excellent writing skills. Your essays should be well-structured, articulate, and persuasive. However, it's not always easy to know where to start or how to approach your writing. 

That's where law essay examples come in - they provide a valuable resource that can help guide you through the process.

In this blog, we'll explore the law essay examples on different topics. Moreover, we will analyze the structure and format of a law essay. 

So, let's get started!

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What is a Law Essay? 

A law essay is a written assignment that requires the writer to analyze and evaluate legal issues, cases, or concepts. 

The purpose of a law essay is to demonstrate a student's understanding of the subject matter. It also shows the student's ability to present an argument in a concise manner. 

Want to gain more knowledge on how to write a high-quality law essay? Check out this video for insightful tips!

University Law Essay Examples

Let's take a closer look at some excellent university law essay examples that highlight the proper use of references.

Law Reflective Essay Example

Law Enforcement Essay Example

Law Reform Essay Example

Law Research Essay Example

Below, you will find some additional law essay samples that you may come across in your university assignments.

First Class Law Essay Example

Law School Transfer Essay Example

Law Essay Format and Structure

A well-structured and formatted law essay is essential for receiving high marks. Here are some key elements that should be included:

1. Introduction

• The introduction should introduce the main arguments of the essay.
• The first sentence should be attention-grabbing.
• The introduction should provide concise information about the broader significance of the topic.
• It should lead into the body of the essay.
• Each paragraph should have a clear topic sentence.
• The paragraph should include supporting evidence and analysis.
• The paragraphs should be logically connected.

3. Conclusion:

• The conclusion should summarize the main arguments of the essay.
• It should not introduce new information.
• It should demonstrate the significance of the arguments.

Let's take a look at an example of a well-structured law essay:

Check out the following pdfs for a better understanding:

Law Essay Format pdf

Law Essay Introduction Example pdf

Specific Law Essay Topics

Let's take a look at some specific law essay topic examples that can provide a foundation for deeper analysis.

Criminal Law Essay Example

Case Law Essay Example

Law Case Analysis Essay Example

Contract Law Essay Example

Ilac Law Essay Example

Public Law Essay Example

Critical Analysis Law Essay Example

Contract Law Essay Example Offer Acceptance

Additional Law Essay Samples

Let's explore some of the most frequently assigned law essay topics for writing assignments.

Development of Welfare Legislation for Animal Testing

Legal Analysis of Donald Trump's Leadership Style

Torts of Negligence and Battery in Medical Law

The Frustration of Contract in the Coronation Cases

Effectiveness of Gun Control Laws in the United States

The Unjust Intersection of Police Brutality and Racism

Nike Faces Gender Discrimination Lawsuit

A Dream to Become a Lawyer

Hate Crime Laws

Law Essay Writing Tips and Best Practices

Writing a law essay can be a rewarding and fulfilling experience. Here are some tips and best practices to help you write a successful law essay:

• Understand the assignment: Before you start writing your essay, make sure you understand the assignment requirements. This includes the topic, formatting requirements, and any specific instructions from your professor.
• Research extensively: A good law essay requires thorough research on the topic. Make use of primary and secondary sources, such as case law, legal journals, and academic articles, to support your arguments.
• Plan your essay: Before you start writing, plan your essay structure. This includes an introduction, body paragraphs, and a conclusion. The body paragraphs should be organized logically, with each paragraph focusing on a specific point or argument.
• Use clear and concise language: The language used in a law essay should be clear, concise, and precise. Avoid using jargon or technical terms that may be unfamiliar to the reader. Use plain language that is easy to understand.
• Cite your sources: In a law essay, it is important to cite your sources properly. Use the appropriate citation style, such as APA or MLA.  Make sure to include a bibliography or reference list at the end of your essay.
• Use reputable sources: Ensure that your sources are reputable and reliable. Use academic databases, such as LexisNexis or Westlaw, to find legal cases and journal articles.
• Seek feedback: It can be helpful to seek feedback from your professor or a peer before submitting your essay. This can help you identify any areas that need improvement and ensure that your arguments are persuasive and well-supported

Common Mistakes To Avoid In Law Essay Writing

Here are some most common mistakes to avoid when writing a law essay:

• Failing to answer the question: Make sure that your essay clearly answers the question posed.
• Lack of clarity: Ensure that your essay is clear, concise, and well-organized.
• Plagiarism: Avoid plagiarism by properly citing all sources used in your essay.
• Inaccurate legal analysis: Ensure that your legal analysis is accurate and supported by legal authority.
• Poor syntax: Use proper grammar and syntax to ensure that your essay is well-written and easy to understand.

How To Edit And Proofread Your Law Essay 

Here are some great tips to perfect your law essay:

• Take a break: Take a break before editing and proofreading to ensure a fresh perspective.
• Review for clarity: Review your essay for clarity, ensuring that your arguments are well-supported and easy to understand.
• Check for accuracy: Check your essay for accuracy, including legal analysis and citations.
• Check for grammar and spelling: Check for proper grammar, spelling, and punctuation.
• Read aloud: Read your essay aloud to catch any errors or awkward phrasing.

To sum it up!

Writing a law essay requires careful planning, extensive research, and attention to detail. Throughout this blog, we have explored different law essay examples. We have also discussed the format and structure of a well-written law essay. 

By avoiding common mistakes and following best practices, you can write a successful essay. However, if you find yourself struggling with your law essay, do not hesitate to seek help from CollegeEssay.org .

We offer top-quality essay writing service to students at all academic levels. 

Get in touch with our law essay writing service now and say ' write my essay ' and let us help you achieve your academic goals!

Also, give our AI essay writing tools a try!

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Understanding breach of contract law in California

• September 9, 2024

Jennifer Anderson

If I can be frank for a moment, breach of contract law in California is not all that different than it is in other areas of the country. That said, it never hurts to look at the relevant law within a jurisdiction to suss out any peculiarities.

Fortunately, California offers a very methodical way to do this. Specifically, if you simply dig into the Judicial Council of California Civil Jury Instructions (or “CACI,” which stands for Ca lifornia C ivil I nstructions), you will not only find precisely what you need to prevail on a breach of contract claim within the state, you will also find references to every statute, rule, and case precedent that impacts your case.

In this post, we’ll walk you through that process, relying primarily on Series 300 of CACI , which provides everything from instructions on contract formation to contract interpretation to affirmative defenses to damages – and quite literally, everything in between. 

We’ll break down the basics of breach of contract law in California, including reference to some of the major questions people often have about this body of law ( e.g., “is an oral contract enforceable in California?”). We’ll try to do so using plain English, which is not exactly what you’ll find within CACI.

In doing so, we’ll link to the specific jury instructions we’re relying on. Please note, if you scroll down beneath the instructions themselves, you will find further information about the primary and secondary sources behind each instruction.

Alternatively, if you visit pages 81 – 228 of CACI, you’ll find more nitty-gritty details about California contract law than you ever thought possible.

There’s a lot to get through here, so let’s dive in.

What is breach of contract law in California?

In California, a breach of contract occurs when two (or more – but for simplicity’s sake, let’s stick to two) parties enter into a valid contract, one of  them does everything they’re supposed to do under the contract, and the other one doesn’t live up to the terms. If the first party was harmed by that failure, we’ve got ourselves a breach.

To give a simple example, let’s say a landowner and a tenant enter into a rental agreement where the tenant agrees to pay $3,000 per month in exchange for the right to live in an apartment in downtown Los Angeles. If the tenant stops paying rent before the lease is over, the landowner is harmed because they’re not getting the money they’re owed.

That’s a breach of contract (so long as there’s not an excuse for not paying – more on that later).

Is every failure to do something a breach of contract?

Nope. Before a plaintiff can prove that a contract has been breached, they have to prove that a valid contract was created . That means that the parties came up with an agreement that was clear enough so they both understood what they were supposed to do. They also have to exchange something of value for the agreement to be enforceable. 

In our prior example, our tenant agreed to pay two grand a month in exchange for a place to live.

That’s a contract. If, however, one person agreed to pay another person $3,000 a month in exchange for nothing, there is no contract because there’s no exchange of value.

In other words, that lucky dog who was receiving $3,000 per month for nothing can’t sue for breach of contract when the payments stop rolling in.

Can an oral contract be breached?

I don’t even need to translate CACI to answer this question because the instruction on oral contracts is so clear: “Oral contracts are just as valid as written contracts.” So, yes, a breach of contract claim can be based on an agreement that never made it to the page.

But you didn’t think the answer was going to be that easy, did you? California Civil Code section 1622 tells us that “[a]ll contracts may be oral, except such as are specially required to be in writing.” Well, that begs a question that – fortunately – is answered by Civil Code section 1624 . 

It tells us that certain contracts are invalid unless they are in writing. Among them:

• (1) any agreement that can’t be performed within one year;
• (2) a promise to pay somebody else’s debt;
• (3) a real estate sales agreement or a lease agreement for more than one year, and so on.

What if the contract terms aren’t clear?

Trust me, many a litigator has paid their kids’ college tuition by fighting over poorly worded contracts. So, what happens if one party understands a contract one way and the other party thinks it means something totally different?

Well, whenever contract words or phrases are disputed , we start with looking at what the parties intended at the time they created the contract.

In doing so, you can look at the ordinary meaning of the language at issue and any circumstances at play when they were coming up with the terms.

Let’s go back to our landowner/tenant situation. What if the lease agreement says, “Tenant shall pay $3,000 per month by the 1st day of every month so long as the apartment is in good condition”? In August, the tenant stops paying rent because the kitchen sink is backed up and, to her, that is a “ not good ” condition.

The landowner, on the other hand, thinks the tenant should buck up, buy some Draino, and pay her rent.

If the landowner sued the tenant for the unpaid rent ( i.e. , breach of contract), the jury would almost certainly be called upon to determine what the parties meant by the phrase “good condition.”

In doing so, they could rely on the common meaning of that phrase. Additionally, they could look at any relevant circumstances that existed when the lease agreement was signed. 

Let’s say, for example, that Los Angeles County had seen a disturbing trend of plugged kitchen sinks causing sewer overflow (and resultant illness) in the year prior to the parties signing the lease. Let’s further say this issue was so bad that it was reported on widely and that the City Council was considering ordinances to outlaw clogged kitchen sinks.

Those conditions might be relevant to the jury in determining what our two parties meant when they agreed on the term “good condition.” A silly example, perhaps, but you get the point.

Are there any defenses to a breach of contract claim?

I thought you’d never ask. Yes! Of course there are defenses. In fact, CACI Instructions 330 to 338 set forth the Affirmative Defenses that are available in breach of contract law actions.

While we don’t have room to discuss them all here, let’s take a brief look at a couple of the greatest hits.

Bilateral mistakes occur when both parties were mistaken about the terms of the contract and at least one of them wouldn’t have entered the contract if they’d understood things better.

For example, let’s say our landowner/tenant signed a lease agreement after the tenant viewed a “model” apartment. The lease expressly contemplated a fourth floor apartment.

Yet, when move-in day came around, the only vacant unit was on the 24 th floor – the landowner just made a typo in the rental agreement. If our tenant had a fear of heights (something that would prevent him from entering into the lease), she would probably have a valid defense if she refused to move in and pay rent.

Undue influence will get you out of a breach of contract claim if the other party to the contract unfairly pressured you to enter into it based on some clandestine knowledge they had about you.

Imagine if our landowner knew the tenant was being stalked by an ex-boyfriend and used that information to pressure her into moving into a place she really couldn’t afford. That might be a defense to a breach of contract claim.

What kind of damages are available in a breach of contract action?

The damages in a breach of contract are varied, and I invite you to review CACI 350 to 361 to get the full run-down. Generally speaking, however, contract damages are supposed to put the plaintiff in as good a financial position as they would have been if the breach never happened.

You know where I’m going next, right? Yep, back to our rental situation. Now, let’s say our tenant paid a $6,000 deposit to the landowner before moving in and finding that the place was completely unlike the “model” unit she’d previewed. That one had all new appliances; her unit had broken, dilapidated appliances.

The model unit had working toilets; this one had a bucket on the floor of the closet. Obviously, our poor tenant isn’t going to move in. But our landowner refuses to return the deposit. When she sues him (and she inevitably will), she can recover $6,000. She cannot, however, recover more than that because that’s all she lost by virtue of the breach (again, generally speaking).

So, there you have it; California breach of contract law in a nutshell. There’s obviously so much more to it but what’s important is that you now have a great resource for finding all the relevant law you need for your breach claim.

Go read those 140+ pages of CACI and get what you’re owed!

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