Academic Master

Laws and International Laws

A Numbered Ticket Provided By A Valet Parking Attendant Or Dispensed By An Automated Machine At The Entrance To A Parking Structure

In this scenario, the case for a contract will be formed, with the payment for parking being made on the variation of either weekly, monthly or any other form of payment. However, from a critical perspective, the ticket being issued by the valet to the car owner will be treated as an agreement rather than being appropriate for a contract. This type of scenario is likely to have little to no chances of any disputes or miscommunications between the two parties since they agree on their respective roles and the part they play in fulfilling their duties and consents.

A “boilerplate” agreement provided by a cellular provider to subscribers or by a bank to credit card account holders

The scenario of a “boilerplate” contract is an agreement that is formed by two parties, the retailer and the consumer. The contract, being a standard form, is consistent with various terms & clauses. Most of these terms are supported by the ancillary terms, as support for them. One of the cases that put the contract into a conflicted scenario is that the consumer is oftentimes found to be ignoring these terms and conditions, signing them without any care and later regretting it. Courts have found this to be a harsh use of the terms and have ordered their removal from the contract.

The oral exchange at a restaurant when a waiter takes your order for dinner

The scenario of an oral exchange taking place in a restaurant with the waiter taking your order for dinner presents the scenario in which you, as the customer, must make a definitive impression on the waiter about your order. Any individual who is ordering at the restaurant, being a customer, is required to convey their messages to the waiter in a clear and definitive way to clarify what their demands are. There are chances of miscommunication if the customer has not made up their mind and being confused, they present an unclear demand for the waiter to list down. Given this condition, the individual is the one responsible for the outcome in this scenario since they are the ones putting an order. The waiter, being responsible and dutiful, can also assist the customer by noting down the order and presenting it to the customer so they can confirm if that is what they have mentioned. This will help clarify and clear away any misconceptions before they occur. This can be best exemplified by the example of Chinese people, who often use calculators to make price-based negotiations. This is a good example of both parties being in a contract while having a mutual agreement over the terms of the contract formed between them.

A “formal” contract, such as a lease agreement for office space

In the case of the formal contract being formed for a lease agreement for office space, it is normally formed between two parties, such as the Tenant and the Landlord. The agreement forwarded by the Landlord includes basic information about lease agreements, an addenda, and exhibits. These signify all of the terms and clauses that the tenant is bound to follow if they are to form an agreement with the Landlord. In this scenario, the landlord has to be clear about the conditions of the contract in order to clarify them for the tenant and who the customer or client is in this case. Any miscommunications and disputes that arise in this agreement are mostly related to the tenant being ignorant about the terms they sign into, which later backfires on them alone.

References

Radin, M. J. (2012). Boilerplate: The fine print, vanishing rights, and the rule of law. Princeton University Press.

Weatherly, J. E., & Carey, C. R. (2000). U.S. Patent No. 6,023,687. Washington, DC: U.S. Patent and Trademark Office.

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