Contract Law
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Contract Law
Under contract law, the waiver of liability is legal and Brian's verbal assurances become part of the contract. According to (Jennings, 2018), contract laws are the regulations that govern a promise or set of promises when one party breaches the contract for which the law offers a remedy. Contracts are essential for businesses in counting on services, money, and supplies and are enforceable by courts in all states. In the United States, common law and the Uniform Commercial Code form the general sources of contract. While common-law comprises of traditional notions of law with modifications for particular states and lacks uniformity, the Uniform Commercial Code acknowledges that different states apply different rules on contract law. The Uniform Commercial Code eases the difficulties that arise when businesses contract across states.
Parties in any contract need to consider a waiver of liability when signing the contract. Waiver of liability is a legal document that the involved parties in a contract sign acknowledging the risks that go along with their participation. This document is valid only if it does not contradict state laws and has proper wording following the contract in the state where it was drafted. A company can waive the liability to remove its responsibility for damages that result from ordinary negligence (Jennings, 2018). Express contract is a type of contract that acknowledges written or orally agreed on contracts. Therefore, a contract can be verbal or written.
Product liability
Peta has a product liability case against the mower manufacturer Ferrari for a design defect, manufacturing defect, or failure-to-warn defect. Product liability is a legal liability that a contractor incurs for delivering a faulty product (Jennings, 2018). Product liability also arises if a product fails to do what is expected to do in the contract. The law interprets it as a breach of contract. Product liability is also rooted in tort law if someone else’s negligence leads to an injury. Therefore, social responsibility, contract law, and tort law when put together forms product liability. However, a manufacturer may not be liable for their products if the product is misused, or used abnormally. This may also apply if damage arose from contributory negligence or assumption of risks by the user (Jennings, 2018).
Claim for injuries
Lori has a claim for her injuries but she cannot recover pain and suffering damages. Worker's compensation is a monetary benefit that employees get from insurance as a payment for injuries or disability that occurs in the course of their employment. When an employee accepts worker’s compensation as part of the contract it implies that the employee forfeits the right to sue their employer. Mostly, the compensation plans cover medical fees relating to injuries suffered because of employment. The compensation is available for the employee as soon as the injury occurs on the job or they develop an illness that related to their work (Works, 2018).
The law as to worker's compensation comprises a system of rules in a particular state that is followed in paying expenses of employees who suffer harm in the course of their duties. Through the law, the affected employee can recover medical expenses, wages, payments to a disability, and any other expenses arising from their rehabilitation and retraining. The state administers the law and the employer gives mandatory contributions to finance the system (Works, 2018).
Worker's compensation differs from suing in court in that in a worker’s compensation, the employee is not entitled to benefits for pain and suffering that are awarded to punish their employers. An employee suing in court is entitled to punitive damages. For product liability, economic damages such as medical care, loss of earning capacity, pain, and psychological anguish are available for an employee to recover (Rees, 2017).