Harrison's Business Human Resource Function

Contracts:Capacity, Legality, Asset, and Form

(9-1, 9-2 and 9-10)

9-1 Voluntary Consent

Discuss fully whether Jerome can set aside this contract.

Voluntary consent may be lacking because of mistake, fraudulent misrepresentation, undue influence or duress. A party who demonstrates that he or she did not genuinely agree to the terms of a contract can choose either to carry out the contract or to rescind (cancel) it and this avoid the entire transaction. In Jerome case he falls under the undue influence. Undue influence arises from relationships in which one party can greatly influence another party, overcoming that party's free will. So Jerome contract is therefore voidable because he entered the contract with Phillip under undue influence lacks voluntary assent. Jerome is considered elderly people that are under influence of guardian by Phillip. Phillip is pretty much taking advantage of Jerome so the contract is voidable.

9-2 Contracts by Minors.

Discuss fully Kalen's liability in this situation.

In this situation Kalen can disaffirm the contract with his landlord because he is a minor. Disaffirmance, the legal avoidance, or setting aside, of a contractual obligation. Even though Kalen is minor he can be responsible for the rest of the contract when he become an adult. And Kalen had returned his goods to the landlord such as his key to the apartment. The contract can be voidable but Kalen will probably have to pay for the rents until the year end.

9-10 For Critical Analysis

What do you think? Should the Statue of Frauds be replaced by the state government? If not, should it be changed in some way?

Statue of Frauds is a state statute that which certain types of contracts must be in writing to be enforceable. The primary purpose of the Statue of Frauds is to ensure that, for certain types of contracts, there is reliable evidence of the contracts and their terms. Yes, I think that the act has caused more fraud than it has prevented because everyone can sign the written promise. Now days, sometime and some days the court house would just accept papers and don't check i.ds like when people need to change their car titles but just need a signature and that's it. I think so that the Statue of Frauds should be repealed by the state governments because of now days there are so much fraud and scams going on. If the Statue of Frauds really helps then there shouldn't be news everywhere about frauds and scams. If the government doesn't repeal it, then I think they should be change in some way. Like have the written are more consent by the people who sign the written agreement, and have it signed in from of a public notarizers