发布时间：2020-04-20 热度：
留学生Law essay毕业论文代写
第一，法律毕业论文选题时选择自己认为比较熟悉的部门法。几年来法律课程的学习，同学们各自在不同的部门法领域里肯定会各有千秋。有的同学民法部门的问题体会较深；有的同学程序法的学习、思考更为全面细致；还有的同学基础理论的学习可能想法更多。对一个问题，在写法律毕业论文时，能够综合考虑，从立法、执法的角度考虑，并把平时碰到的问题站在不同的方位深入进一步学习、探讨，也就达到我们完成毕业论文的目的了。
第二，选好部门法后，注意自己平时知识的积累，看看这一方面还有哪些欠缺的地方。几年的学习，某一部门法的所有问题不一定都能搞通，这个时候，需要回忆一下，看看所选部门法有些什么基本理论问题，与所选法律毕业论文题目相近相通的一些理论问题是不是还不太清楚，扫清动笔前的一些障碍，非常必要。对于自己运用起来还不太得心应手的一些知识，赶快抓紧时间去给予更多的关注。理清思路，多阅读一些课外的有关书籍也是非常重要的。这样，宏观上、微观上你都有了进一步的考虑、思索，拿起笔的时候不至于为一些基本的问题而再影响你写作时的思路了
Clear communication methods need to be availed especially in order to settle instances of non-compliance to the contract terms. The objective of this memo is to highlight the legal risks as well as opportunities present in the process of contract creation. Some activities to undertake in order to avoid the occurrence of the risks will be addressed as well as how a business enterprise can obtain benefits resulting from opportunities availed in the simulation. The common legal traps which exist when making a contract include accepting in totality the contents of the contract without first of all understanding in totality what the contract entails. In case one fails to raise any queries regarding the contract through filling in non-compliance statements, the contents of the contract are deemed as fully binding. Managers need to be fully aware of what makes up a contract for instance letters, telephone calls or meetings so as to avoid the risk of getting into a contract while still in the process of negotiation. Negotiations are vital in the contract making process since there is no standard contact (Avila, 2007). Both the parties to a contract need to adequately negotiate so as to come up with amicable objectives and targets vital to both parties. All legal provisions permit negotiations before a contract is deemed effective.
The Boilerplate principle in the making of contracts refers to making a standardized contract. Here the parties to the contract have the provisions which generally govern the contracts as well as stipulating the legal and business importance for the intended contract arrangement. To minimize the perceived risk in bleaching the entire contract, it's fundamental that organization's managers be aware of the conditions or warranties which form the contract and follow them to the latter. By considering the various terms involved in the contracts, the risk of bleaching the conditions to a particular contract is reduced. Instances of having the contract repudiated will be minimized as well, and it will not be possible for the other party to the contract to discharge the terms involved (Avila, 2007).When the conditions and warranties of the contract are adhered to, then instances of unplanned damages will be averted as well.
Another imperative principle to various business contracts relates to the entire status to the contract terms. This principle implies that the aggrieved party can result into legal action owing to failure of fulfillment of a requirement to the prepared contract. Contractual obligations are thus derived from statements alone. The manager thus need be aware of the obligations which come about prior to deliberately becoming a signatory to any contract. Being aware of the various ways in which a contract can be set aside is vital. For example, a void contract means that it was never in existence whereas voidability implies that one party can make a contract ineffective. A contract which is unenforceable implies that both parties to the contract can choose to have recourse in court as a remedy (Blum, 2007). All these unbecoming risk may be averted by various considerations from managers prior to instituting the contract.
A binding contract ought to be voluntary not coercive. The manager should always engage in voluntary contract whereby moral considerations can be established on legal-grounds or even events which are always justified and not offensive to any party. Through legal considerations, it can be established whether the contract will be binding or not. Misrepresentation which involves giving false information regarding a product or service out-rightly makes any contract to be literally nullified. It is vital for the managers not to make false statements regarding any product that would call for legal actions from brand loyal clienteles. Instances of fraud in factum and inducement are risky and should be avoided at all cost. A valid contract is not liable to compensatory damages, exemplary damages or liquidated damages (Blum, 2007). The manager will avoid the risk of compensatory damages which are usually given to the detrimental party to the contract. Instances of duress as well as undue influence while entering into a contract need be done away with. While duress involves threatening to harm a party to the contract so as to compel a manifestation of a transaction, it renders the contract void once the other party proves that duress was indeed used during contract instituting procedures by any party. Undue influence which primarily involves a particular party to the contract taking advantage of a position held by other parties to the contract also vitiates contracts when the court establishes this. The manager need not coerce the parties to the contract to enter into any contract arrangement.
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