Please Can you answer those questions for me It is about Law... Document Preview: Q. 1 Ali wants a block of flats build on the acre of land he owns which adjoins his land. He discusses it with many...

Name of paper:
PAGE
1
Business Law and Ethics
Running Head: BUSINESS LAW AND ETHICS
Business Law and Ethics
Name
Institution
Q 1.
In contract law, offer and acceptance form an analysis that seeks to determine whether agreement that exists between two people is valid. The agreement includes an offer that is made by the offerer to the offeree, which depicts the offeror’s willingness to enter into a contract. The contract must agree on certain terms, which indicate agreement without any further negotiations (Chen, 2007).
In the case of Ali and builder B, Ali did approach builder B and even gave him the specifications of the job and a contract to look at then he left for a holiday. Coming back, he finds a property built by builder B on his property and refuses to pay him. Ali can argue out that there was no contract of agreement that was established among them. A contract is said to work only when there is an acceptance to offer and that it has been clearly communicated to the offeree by the offeror. There also have to be consideration bargained that is induced by promise or performance.
A Bare agreement to negotiate is not binding and lacks certainty so it cannot be enforced. Butler Machine Tool Co v Ex-Cell –o Corp. Ltd seeks to expound on this when it was established that an acceptance makes the final and unqualified expression will look at the assent on the exact essential terms covered in the offer. If any of the essential terms are deemed missing, then there is no acceptance (Pathak, 2007).
This means that for a contract to be binding then both parties have to have the intent to enter into a legal binding contract. The offer has to be made and also to be accepted by both parties. The intention will be presumed once the terms are certain as the court aim at determining circumstances that surrounds the offer and the objectivity. In addition, the court looks at the intention towards creating the legal relations and assumes that the absence of evidence shows that any promises made are not legally binding.
Q2.
Most of The people assume that when a person is annoying or disturbing you, that is a form of nuisance. However, what is annoying one may not necessary be legally classified as a nuisance. Lord Wright in Sedleigh – Denfield v O’Callaghan [1940] AC 880 looks at nuisance as the wrongful interference with another’s enjoyment of their land or premises. It also looks at denying one some right or connection to their property (Buckley, 1996).
Public Nuisance
Nuisances are divided into two categories that include public nuisance and private nuisance. A Public nuisance concerns something that one does or fails to do that will eventually affect the public. This can range from things that will affect the life health morals or enjoyment of the public property in their use. Public nuisance only works if one affects the enjoyment of rights that are deemed common to everyone...