Sources Of Contract Law

Sources Of Contract Law
Writing Assignment MD Fantasir Rahman A contract is a legally enforceable agreement between
two or more parties that creates an obligation to do or not do particular things. The sources of
contract law are usually governed and enforced by the state laws where the agreement was made.
Depending upon the subject matter of the agreement (i.e. sale of goods, property lease), one of two
types of state law may govern a contract: The Common Law: The majority of contracts (i.e.
employment agreements, leases, general business agreements) are controlled by the state 's common
law a tradition–based but constantly evolving set of laws that are mostly judge–made, from court
decisions over the years. The Uniform Commercial Code (UCC): The common law ... Show more
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Example sitting in a Bus can be taken as example to implied contract between passenger and owner
of the bus. Unilateral contract an exchange of a promise for an act. In certain contracts one party has
to fulfill the obligations, where as the other party has already performed the obligations. Bilateral
contract: There must be at last two parties to the contract, the exchange of one parties promise for
another parties promise. Void contract: A Contract that failed to satisfy all or any of the essential
elements of a contract and which is not enforceable by the court. Any contract not enforceable by
law is said to be void. A void contract has no legal fact. It confers no right on any person and created
no obligation. Voidable contract: A contract that gives one of the parties the option of withdrawing,
A void able contract is one which can be avoided and satisfied by some of the parties to it. Valid
Contract: An agreement that satisfied all the essential of a contract and which is enforceable through
the court is called valid contract. Executed contract: A contract of which all the terms have been
performed. Quasi contract: There are certain dealings, which are not contracts strictly, though the
parties act as if there is a contract. The contract Act specifies the various situations that come within
what is called Quasi contract. Elements of legal contract: The
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Contract Law
Issue "The mere existence of the core elements of offer, acceptance, and consideration will not
guarantee a legally enforceable contract". Discuss. A contract is an agreement which normally
consists of an 'offer ' and an 'acceptance ' and involves the 'meeting of the minds ' or consensus
between two or more parties with the intention to create a legally enforceable binding contract.
Therefore in this essay, the four core elements needed for the formation of a contract such as offer,
acceptance, and consideration and intention to create legal relations will be discussed briefly. Offer
An offer is a proposal whereby the parties are willing to contract on a specific set of terms, made by
the offeror with the intention that, if the ... Show more content on Helpwriting.net ...
The case regarding the nature of such consideration is Chappell v Nestle which expressed the view
that a 'peppercorn ' could constitute valuable consideration if stipulated by the promisor, even if the
promisor was not fond of peppers and would discard the corn. Past consideration is not good
consideration as consideration must come into existence either with or after the promise. Where the
stipulated consideration predates the promise, it will not be considered good consideration.
Therefore in, Roscola v Thomas [1842], the promise was not binding because the only
"consideration" provided for a promise about the soundness of a horse was entering into the original
contract which had occurred before the promise was made. 'Existing Public Duty' is one situation
where no consideration occurs when the promisee is already under a public duty to perform an act
and the same act is purported consideration. In Glassbrook Bros Ltd v. Glamorgan County Council
[1925], the police were providing protection over and above what is considered legally effective and
therefore due to the sufficient consideration the mine owners should honour their promise of
payments. The next situation for insufficient consideration where there is no detriment would be
'Repeating an existing duty owed to the promisor'. In Stilk v Myrick [1809], the remaining crew of
sailors did what they were contractually required to do and therefore there was no consideration for
the

Contract Law Consideration
2011–2012 Assessment 1 Nick would be suing Angela claiming the full arrears and the return of the
car. Nick can only succeed if he can prove there is no consideration. Consideration can be defined
by Sir Frederick Pollock, approved by Lord Dunedin in Dunlop v Selfridge Ltd [1915] AC 847
where each party must give something in return from what is gained from the other party; 'An act or
forbearance of one party, or the promise thereof, is the price for which the promise of the other is
bought, and the promise thus given for value is enforceable.' The traditional definition in Currie v
Misa (1875) LR 10 Ex 153; (1875–76) LR 1 App Cas 554 has been criticised where 'a valuable
consideration, in the sense of the law, may consist either ... Show more content on Helpwriting.net
...
Certain requirements must be met in order to use this Doctrine being that there must be an existing
contractual obligation between the parties which is clear in Nick and Angela's case being in a 9
month contract, there must be clear and unequivocal terms which here Nick made the promise for
Angela to pay less until fully recovered. The promisee must have altered his/her position to his/her
detriment in reliance therefore it would be in inequitable to go back on the promise but I believe that
Nick could argue here that there was no reliance as Angela is in a better financial situation. It must
be inequitable for the promisor to go back on his promise and it was said in Coombe v Coombe
[1951] 2 KB 215 that the doctrine may only be raised as a defence: 'as a shield and not a sword', this
is applicable for Angela's case. The lottery win by her husband Willy would not have any relevance
in this case as he is not contractually obliged in any way to give Angela money being a third party
husband. It may be argued that Angela is acting with 'dirty hands'. She continued to pay the reduced
rent for a week even though she had recovered from her illness and this may insinuate she was
acting inequitable. Another argument against Angela is that she made a significant financial gain 3
months after paying the reduced amount and she has a duty to Nick to inform him of any change in
circumstances as in the case of With v O'Flanagan [1936] Ch 575. Angela

Contract Laws in Australia
(i) Focussing only on the contract law issues raised by these facts please advice Joseph and Adcom
Pty Ltd as to what legal rights follow from the above mentioned facts. All Australians are affected
by the Contract laws starting from buying a sandwich to selling a house, hiring contractor for any
function or getting engaged in a joint venture. The enforcement of promise is governed by the
general rules of Contract Law. Now these rules of contract laws are normally derived from the
decisions made by judges in different court cases which are further known as 'Case Law' or
Legislation. All type of agreements comes under these rules: Commercial deal between two business
groups, purchase/sale of a property; all are governed by the rules of contract law. Understanding
contract– An agreement made between two or more parties which are intended to be legally
enforced is termed as contract. When one party makes an offer to the other party and the other party
shows an intention to accept it; the contract arises. Contracts can be documented or oral and parties
can enter into a contract in different ways – > By signing a document > Providing agreement over
the phone > Submitting agree option on the web page. Understanding "Standard Form Contract"–
This is the type of contract which is used majorly in today's scenario and many unfair practices arise
due to this contract form. There is no specific definition provided by unfair contract terms for
"standard form contract". In a broad

The Remedies And Consequences Of Contract Law
What is a breach of contract
When a breach of contract happens, the parties who involved should find out the remedies and
consequences of breaching an enforceable contract. There are main three remedies which are suit for
specific performance, liquidated damages and injunction. The first remedy is suit for specific
performance which means compelling the parties to perform exactly what they had agreed in the
agreement. While the second remedy is liquidated damages which means call for a specific penalty
if the contract terms are not completed on an agreed–upon date, such as penalty payments or repair
costs, medical expenses, car rentals and loss of wages. The third remedy is injunction which means
stop something from being done. These three main remedies are important when we are dealing
with the breach of contract.
Damages
Specific performance
Injunction
Damages
In contract law if a party breaches a contract then the court can award damages to compensate the
innocent party. Damages are issued in order to put the injured party in the same position as if the
contract had been performed.
The rules that apply to damages are subject to the application of the rules of causation, remoteness
and to mitigate loss.
Repudiation involves the bringing to an end the contract. This remedy is only available for a breach
of condition as opposed to breach of warranty:
Bettini v Gye (1876) QBD 183 Case summary
Bettini agreed by contract that they would perform as an

Contract Law
General Introduction For parties to be bound by an agreement, it must first be determined if a prima
facie valid and enforceable contract exists. A contract can be defined as an agreement containing
promises made between two or more parties with the intention of creating certain legal rights and
obligations and enforceable in a court of law [1]. For a legally binding contract to exist the
following elements must be satisfied: 1. An offer must exist 2. The offer must be accepted 3.
Consideration must pass between the parties 4. The parties must intend the agreement to be legally
binding 5. The parties must have the legal capacity to enter into a contract 6. The contract cannot be
for an illegal ... Show more content on Helpwriting.net ...
In applying this case, the offer made by Boris would terminate the original offer. Therefore,
Michael's response constitutes a counter–offer not an invitation to treat. Another matter for legal
consideration is whether Boris accepted the counter– offer and if the method of acceptance was
legally binding. An acceptance converts the promise of the offeror into an agreement[6]. The
acceptance by Boris to Michael's counter–offer contained two key elements: ← A willingness to
take what was exactly offered (i.e. the sale of the car); and ← An agreement to pay the price
required (i.e. $800). The facts presented clearly indicate upon receipt of Michael's letter, Boris
accepted the offer and promptly replied by post creating a simple, bilateral contract – 'a promise for
a promise'. The exchange of such promises creates an enforceable contract. In contract law, the
offeror can establish the method of acceptance and the acceptance must comply with the
requirements in the offer before an agreement is completed. The facts provided indicate, Michael as
offeror, failed to prescribe any method of acceptance. There is an assumption that if no method of
acceptance is prescribed, acceptance is to take the same form as the offer[7]. Given Boris replied by
the method of offer, being post, it can be concluded that Boris complied with the method of
acceptance by posting the letter of acceptance. Having determined there

The Law of Contract
Law of Contract
The word "Contract" means a legally binding exchange of agreement or promises between two
parties which the law can enforce. Contract law is originated from the Latin phrase know as "pacta
sunt servanda" means promises has to be kept. Any kind of violation of any kind of contract is fully
recognized by any law of the land and the result of such violation can be provided. In general life,
almost every citizen makes contract everyday. For example, when purchasing a house, written
contract is required.
However, in most cases majority of contracts are made verbally, for example in a case where a
student purchasing a biology textbook from a fellow student, or purchasing a pizza at the Pizza Hub.
Contract law can also be categorized as is habitual in civil law systems, as part of a general law of
obligations along with tort, unjust enrichment or restitution.
Puff
It's a statement from any person such as sales talk which does not contain any legal relations.
Therefore anything heard from a puffer has no action in contract and such statements are normally
taken to be wrong. The puff does not result to any liability because it doesn't contravene any section
of the law.
Representative
It's defined as a pronouncement, statement or any declaration of truth made in persuading another
party or person into an agreement and which does induce them to go into an agreement, but the
author of the statement only intended to deceive the partner by providing a false

Business Law Contracts Essay
LEGT 1710 Assignment 2 Introduction Harry (H) who is the father of James (J) is attempting to sue
J for a breach in contract and is seeking damages of $30,000 which he believes is the outstanding
amount that is owed to him by J. This case touches on the fundamental concepts of contract law
where H can only claim damages if the formation of a valid contract between the two parties is
evident via the elements of a contract, including intention, agreement, consideration, legal capacity,
genuine consent and legality of objects must be established. Once these elements are satisfied, the
terms of the contract need to be evaluated to deem whether the contract between H and J is
enforceable. Once it has been established that the contract is ... Show more content on
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b) Agreement For there to be an agreement, the elements of offer and acceptance need to be
properly satisfied. H offers to deliver the timber for $90,000, which then becomes binding when J
accepts this offer by promising to pay the sum total of $90,000 for the timber, which is unqualified
acceptance (Lawbook, 2006, 7.1.370). The offer is communicated and accepted by word of mouth
(Felthouse v Bindley). Therefore it can be concluded that there is sufficient offer and acceptance
between H and J for tha agreed additional $30,000. c) Consideration Consideration is the exchange
of "something for something", or it must be the exchange of promises (Carter, Peden and Tolhurst
2007). In this case, J asks for a supply of timber in return for the promise to pay $60,000 as well as
an extra $30,000. This consideration can be considered as good consideration as the exchange of
promises occurs after the verbal contract had been established, unlike in Roscorla v Thomas which
indicates past consideration, where consideration is made after the act has been perfomed. This
consideration is also adequate as set up by the precedent in Chappell & Co Ltd v Nestle Co Ltd
which shows that consideration must have some value, just as the timber, and the promised $30,000
have some value and as both parties are seen to gain some benefit from the exchange. However, it
can be argued that there may be insufficiency of

M1 contract law
In this assignment I will be giving advice to Rick's girlfriend on whether she has a legal right to
return the laptop that Rick bought for her. I will be analysing whether a valid contract was formed
and who it was formed with. As Rick's girlfriend didn't buy the laptop and is under the age of 18 she
wouldn't be able to return the laptop as there has been no contract formed with her. However we can
assume that her boyfriend is over the age of 18 and as he bought the laptop this means the contract
was formed with Rick instead of Rick's girlfriend. The type of contract that was formed with Rick
was a standard form contract this is a type of a contract is a legally binding contract between two or
more parties, in which one side of the party ... Show more content on Helpwriting.net ...
So the court held that the waistcoats were not a necessity and therefore there was no valid contract
formed between the minor and tailor. We can link this to Rick as when he bought the laptop, he
intended to give the laptop to his girlfriend which means that when the contract was formed and if
he was under the age of 18, the contract wouldn't be valid due to the fact that the laptop is not a
necessity to him neither does it benefit him as he isn't using the laptop. But because we are
assuming that Rick is over the age of 18 it would not matter whether the laptop was a necessity or a
benefit to him as he can form a valid contract. When the contract was formed we are assuming that
there was no misrepresentation. Misrepresentation is where a false statement of fact or law which
induces the representee to enter a contract. From the scenario we can assume that there has been no
misrepresentation. But if there had been any misrepresentation we would assume that's it innocent
misrepresentation which is when the representor had reasonable grounds for believing that his or her
false statement was true. But it is very unlikely that any had happened but if there had of been the
shop wouldn't have known this as the box was sealed the only people who could of know that the
laptop was damaged would be manufacturers. To conclude this assignment the advice I would give
to Rick's

Contract Law From Law And Economics Perspective
b. Contract Law from Law and Economics Perspective
Voluntary exchange is of the utmost importance in being able to transfer resources from less to more
valuable uses and to the hands of those that value them the most. This process of exchange does not
face many obstacles when the parties to a transaction can perform their obligations in a
simultaneous manner. In today's world, most transfers of resources occur through contracts and
require agreements as to how, where, and at what price the transfer will occur at some time in the
future. This is why protection of contract rights is essential.
While voluntary exchange would not necessarily break down entirely without any form of contract
law, it would be highly inefficient. In a legal ... Show more content on Helpwriting.net ...
If efficiency is not enforced through contract law it will bias investment toward economic activity
that can only be conducted in a short time period. This will reduce efficiency in the market and lead
to misallocation of resources.
Here is a simple example of how the lack of contract law's existence would affect how parties
interacted in the sale of goods and services. Professor Chrisman has advertised that he has a hog
(not to be confused with a pig), worth $100 to him, for sale and now has two potential purchasers.
Buyer one, Professor Todd, has offered to purchase the hog today from $150 (he is risk adverse and
believes that price of pigs is going to increase drastically over the next year). Buyer two, Professor
Hesch, has offered to purchase the hog next Saturday at graduation for $200. If Professor Chrisman
lives in a system without contract law he will accept Professor Todd's offer of $150 today because
he will be worried that Professor Hesch will change his mind before graduation and Professor Todd
will have bought another hog. The law's failure to enforce contract law has caused an inefficient
misallocation of resources because Professor Chrisman cannot enforce the promise made by
Professor Hesch and will not be incentivized to take the risk of selling the hog to him.
The single purpose and goal of all contract law is to impose contract liability only where it creates
incentives to encourage value maximizing conduct in the future.

Contract Law And Sale Of A Valid Contract
Contract Law This scenario raises the question of whether Pierre has entered into a valid contract
with any of the Parties outlined below, where there must be: (i) an agreement which is created by a
valid offer and a matching acceptance; (ii) an intention to create legal relations; and (iii) a set of
promises which are supported by consideration. If all of these exist, Pierre would be in breach of his
contract, as a consequence of selling the car to Marya. Natasha The first issue for Pierre is whether
Natasha can claim that the advertisement is a valid offer to accept or whether the advertisement is
merely an invitation to treat. According to Trietel, "an offer for sale is an expression of willingness
to contract on specific terms made with the intention that it shall become binding as soon as it is
accepted" . In contrast, where there is evidence that Pierre merely intends to start negotiations, by
showing a willingness of inviting offers from other people, he is said to have made an invitation to
treat. For instance, in the case of Gibson v Manchester City Council it was held that the words "may
be willing to sell" constituted an invitation to treat, since they only demonstrated a willingness to
begin negotiations and did not display any contractual intent to be bound. Advertisements are
generally invitations to treat and not offers for sale. Thus, in the case of Partridge v Crittenden it
was held that an advertisement that was placed in the newspaper selling

Effects Of Contract Law On Society
Effects of Contract Law on Society As defined by The Law Dictionary, a contract is "an agreement,
upon sufficient consideration, to do or not to do a particular thing." (1) Basically, contracts are
promises that are enforceable by law. And, if one party does not keep his promise, the law provides
a remedy by the breaching party. In order for a contract to be enforceable by law, the contract must
include a valid offer, an acceptance of the offer, and adequate consideration. Contacts are primarily
governed by statutory and common law. Uniform Commercial Code The Uniform Commercial
Code (UCC), according to the website USLegal.com, "is a set of laws that provide legal rules and
regulations governing commercial or business dealings and transactions." (2) The Uniform
Commercial Code was published in 1952 but has seen several revisions since that time. The UCC
has been adopted by all states though it may not be exact among all states. The UCC provides
regulations for the sale of personal property and helps bring standardization to business laws so
there can be some standard of "uniformity amongst the states." (3) The UCC is broken into nine
articles that each addresses a different area of commercial law. Elements of a Contract The three
main elements of a contract are offer, acceptance, and consideration. Each element must be present
in order to have a legally binding contract. First, one party, the offeror, makes a valid offer to
another party, the offeree.

Contract Law Essay
Department of Law Formative Coursework Cover Sheet This form MUST be completed and
submitted as the front page of any non–assessed coursework submitted to the Department of Law –
coursework without a suitable coursework cover may not be passed on to the correct member of
staff for marking. Student ID: Student Name: Chloe Paloschi Module code: 4005 Module Title:
Contract Law Tutor Group: H Tutor name: Davor Jancic Read the following statement carefully and
sign below: I hereby confirm that the submitted document represents my own work in all respects,
except in so far as is indicated either in the text or in the footnotes; and that I have acknowledged by
express reference any use of material derived in whole or in part from any other published source.
Signature of student: Chloe Paloschi (1) When forming a contract, the requirements of offer and
acceptance have to be met. Offer; intimation of a willingness to enter a legally binding contract, is
the first step to enter into an agreement. Additionally, the second requirement is acceptance, when
the offeree must accept the offer. A fundamental requisite in order to establish and finalise an
agreement is that offer and acceptance must correspond between the parties. Here, we encounter the
intricacies of dealing with contract formation, specifically "the battle of the forms". Whereby at the
time of entering a contract, both parties attempt to impose their respective standard terms and
conditions. In

Contract Law
Contract is an agreement between two or more competent parties in which an offer is made and
accepted, and each party benefits. No contract can come into being unless the following features
exist: an actual offer, an acceptance, consideration (this means that each party will contribute
something of a material value to the bargain) and an intention to create legal relations. The
agreement can be formal, informal, written, or just plain understood. (a) For a contract to exist the
offer must be made and then accepted. An offer may be defined as a statement of the terms put
forward as the basis of the bargain which carries with it a promise, express or implied, to adhere to
the terms. A legally binding offer will include clearly stated ... Show more content on
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Counter–offer has an effect of canceling the original offer and so the original offeror can decide
whether to sell it to somebody else at the price he has stated and the terms of the original offer. To
conclude it can be stated that Bernard's letter was not a mere enquiry of negotiation, but a counter–
offer, which Anton didn't accept. Therefore there was no contract between Anton and Bernard and
Anton was free to sell the boat to Celine. However from the other point of view, it can be argued
that Bernard's phrase that he is willing to accept Anton's offer identifies that he is just asking some
further information and tests out whether further negotiation with Anton is possible. This means that
the original offer was not destroyed, but due to the fact that his reply was vague it can be considered
not enforceable, as offerees should explain them clearly as well as the offerors. Therefore no
contract took place in this situation. (b) In this scenario Bernard replied by return of post, and
accepted Anton's original offer. Usually, communication is effective only when it reaches the offeror
or the offeror's place of business. However, Postal rule is a well–known legal principle in contract
law. The postal rule of acceptance of an offer became entrenched in the common law of contact in
the English courts and therefore in the Australia courts during the nineteenth century. And the postal
rule is an exception to the general rules of contract law in common

Sample Of Contract Law Reflection
Reflection 1 The principle of contract law Sir George is referring to, is Freedom of Contract; it is
that any party can make a legally binding agreement based on mutual agreement and free of choice
with no government interference. The two basic principles are that they can enter into a contract
with whomever they like and they can agree on whatever terms and conditions they like. In 1875,
when this statement was made public policy was not discussed often and thus it was not the major
part of debates between the Executives and the Legislatures. Now, there are many laws which
promote public policy and any contract established between parties must abide by it. For example, if
you enter into a contract with somebody to work at a wage lower than the minimum wage it would
be against public policy. Sir George stated that the utmost necessity in the formation of contract
should be the freedom to contract, over public policy. If an Australian High Court judge said
something similar today, it would be against the law, as earlier freedom of contract was unrestricted;
earlier referring to the views of Sir George. He believed that freedom to contract was the principle
of any contract as very few people discussed public policy at that time, unlike today where judges
are supposed to understand the concept of public policy. Reflection 2 The binding elements of a
contract are offer and acceptance. Offer is an expression of willingness to contract. Say if someone
asked if they can buy your

Contract & Agency Law
Payment, similar to consideration, is one of the four elements of a contract. Consideration is
something of value in a contract or agreement between two parties. Both parties must be providing
something of value to the other party. It is an act or promise to do (or not to do) something in return
for value and the value given is enforceable. All the law need is 'valuable consideration '. For
example, if Jack has offered to pay S$10 for a hammer worth S$100, that is considered valuable
consideration. There are three types of consideration in law: executory consideration, executed
consideration and past consideration. In this case study, the agreement of payment between Food
Enterprises Ltd and Nerd Private Ltd, clause 2.2 indicates that ... Show more content on
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Confidential information is not property, but you can control access to it, and license its use or
transfer it to another person. In Singapore, most employees will need to acknowledge the staff or
employees handbook or code of conduct upon joining the company. Some companies require its
employees to acknowledge it on an annual or bi–yearly basis. In one of these clauses, indicates that
information of the company is to be treated with utmost confidentiality. However, as much as either
party tries to keep all information confidential, there tend to be obligations of confidence. This
exists when this is an express obligation due to the relationship they share. Thus, the law implies
that one party must know of the confidentiality of the information. Obligations of confidence are
present in the following relationships: fiduciary relationships, company officers and employees, and
employment. In clause 6.1 of the Services Terms and Condition, any confidential information is
available for use only in connection with the agreement. It may also be reproduced or reasonably
copied for the performance of obligations by the receiver. In the case of Vandashima (Singapore) Pte
Ltd and Another vs Tiong Sing Lean and Another (2006) SGHC 132, the first defendant, Tiong,
employed by the first plaintiff, Vandashima (Singapore) Pte Ltd, was holding a high post in the
company. He misused his authority and power to trade

Contract Law Essay
Contract Law
1.On 2nd January 1999, Sarah reads in a local newspaper, "The BrightonBugle", that a well known
local sports enthusiast, Mick Muscle, was offering £5,000 to the first person to swim from Southsea
to the Isle of Wightbefore 10th January, 1999. Sarah, a keen swimmer, set about her preparations.
On 6th January, 1999, a retraction appeared in "The Hove Herald' stating that Mick's original offer
was cancelled and, instead, the prize was now to be £500 to the first person to cycle from Brighton
to Oxford before 12th January, 1999. Sarah was a regular reader of "The BrightonBugle" and no
other newspaper. She did not see the retraction in "The HoveHerald".
On 9th January, Sarah went ... Show more content on Helpwriting.net ...
On appeal, the advertisement was held to be an 'invitation to treat', since it was necessary to protect
the advertiser from liability in Contract should demand for the advertised goods exceed supply.[3]
As a result, the appellant's criminal conviction was quashed.
In contrast, advertisements may sometimes be construed as being an offer if they are of the
unilateral type, where one party promises something in return for the specified act of another. The
general rule in Contract Law is that acceptance must be communicated to the offeror, but in
unilateral offers, performance of the specified act constitutes acceptance [4]. In Carlill v Carbolic
Smoke Ball Co.[5], the defendants advertised that they would pay £100 to anyone who contracted
influenza after using their smoke ball for a specified period, and that £1000 had been deposited in a
bank as proof of their sincerity. Mrs Carlill bought and used the smokeballl in accordance with the
manufacturer's instructions but then contracted influenza, so claimed her reward. The defendants
claimed that the advertisement was an

The Law Of Contract Essay
Semester 1
The Law of Contract Essay
Introduction
The case study which I have chosen is Case Study 4. A contract is a legally enforceable agreement
which the courts will enforce and it is between two or more legally distinct parties which is called a
Bilateral Agreement, e.g. a buyer and a seller in a contract for the sales of goods. However it is
possible for more than two individuals to be involved in a contract e.g. partners in a firm or
shareholders in a limited company which is called a Multilateral Agreement. A legally enforceable
agreement or contract has two basic elements – an offer and an acceptance of that offer. This can be
expressed in a simple formula as:
Offer + Acceptance = Contract
Cast Study 4
"Louise is walking down ... Show more content on Helpwriting.net ...
An invitation to treat can most effectively be explained with reference to the phrase 'make me an
offer which I may or may not accept'. This is a marketing tactic which provokes an offer. This was
accepted by Louise it was not an offer to her it was her who made the offer to buy it. As Louise sees
the advert displayed on the shop window which is an offer to her, by believing that the price is really
that low priced of such a popular and expensive product by not wasting more time she quickly goes
inside the shop and accepts to buy the goods. But however she is told by the sales rep that this is a
misrepresentation as the advertisement is wrongly priced and it is not for £25 but is for £250.
Misrepresentation
A misrepresentation occurs when a party states a false statement of fact, or misleading conduct
which forms a contract as the other party is encouraged or induced to enter into an agreement. It is
usually after the contract has been formed that the party who relied on the statement will discover
that it was factually false. A contract could also result in being voidable in misrepresentation. It is
also up to Louise who is the victim of misrepresentation if she wants to take any steps against the
company. The innocent party which is Louise would not have entered into a contract at first place if
she had known that the statement made on the poster outside the shop window was in fact false. She
also has evidence of the poster outside the shop window which

Contract Law : The Contract Essay
Contract Law: Contract comes in a distinctive way like shapes & sizes or bond needs to set up by an
individual who is making the agreement and should be recognized by the person who is marking the
agreement and he/she needs to verify that a person who signed the agreement fulfills the conditions.
It can isolate into two sorts, which are lawful or unlawful & oral or reported. In like manner law
legitimate frameworks, an agreement (or casually known as an assertion in a few words) is an
understanding having a legal item gone into intentionally by two or more gatherings, each of whom
expects to make one or more lawful commitments between them. Legitimate opinions are those
assertions, which are marked and stamped whereas unlawful claims are those understandings, which
are not sealed or signed. However, Oral agreements are indeed hazardous because if circumstance
turns out badly then there is no real way to demonstrate it. Along these lines, it 's been exhorted that
it needs to reported so that putting the agreement in report additionally verifies both sides what 's
being guaranteed before they concur because if one gathering breaks the agreement without taking
authorization from the other party can be punished according to contract law. For instance, on the
off chance that you go to a hotel and book yourself a space for a night that ends up being grimy or
something not living up to expectations, it is qualified for being exchanged. It doesn 't have to have
a particular

The Contract Law Of Contract
Form of law that rules oral and written agreements attendant with exchange of goods and services
money and properties. It includes topics such as the nature of contractual obligation limitation of
actions – freedom of contract – privacy of contract – termination of contract and convers also
agency relationship commercial paper and contract of employment, if you are employed you'll no
doubt have a contract when you buy house insurance or but the house itself there will be a contract
even buying half a dozen eggs or a newspaper from the comer shop will be governed by the law of
contract Contract can be also defined as below Contracts are enforceable promises, or unpaid
agreements that govern economic exchange Free market economy relies ... Show more content on
Helpwriting.net ...
The parties may settle one term at a time, but their contract turn out to be complete only when they
assent to the final term. An agreement is binding if the partiesconcur with esteem to the
essentialterms and intend the agreement to be binding, even though all of the parts are not definitely
fixed. The capacity of thegoodsare usually indispensable terms of the contract that must be agreed
upon if the contract is to be applied. Offer An offer is a promise to act or renounce from acting
which is made in exchange for a return promise to do the same. Some offers expect not another
promise being returned promise to do the same , Some offers antedate not another promise being
returned in exchange but the performance of an act or forbearance from taking action , for example
a painters offer to paint someone's house for $100 is probably conditioned on the homeowners
promise to pay upon completion while a homeowners offer to someone $100 to have his or her
house painted is probably conditioned upon the painters successfully performing the job , In either
case an offerees power of acceptance is created when the offeror carries a present committed to
enter a contract in certain and definite terms that are connected to the offeree. Offers that are not
disallowed withdrawn or revoked generally continue until the ending of the time period specified by
the offer or if there is no time limit specified until a reasonable time has passed ,

Contract Principles Of Contract Law Principles
Introduction:
Billy ('B') has been asked by his father, Choy ('C') to work on the farm with Maggie ('M'). B does
not know whether he is entitled to $20 000 and to a share in the farm. B does not know whether he
is in a contract with C for these items and is trying to scrutinise if he is entitled to these items.
To discover whether there is a valid contract and whether B is able to sue C for breach of any
existing contract, facts of the problem must be identified, then laws that are relevant to this case
must be deliberated on the basis of contract law principles. Once investigations are completed and if
a contract discovered, the terms of this contract must be outlined. B will be then advised whether he
can file to sue, which would allow him to make claims on the extra $20 000 and a share in the farm
that he is entitled to.
Is there a contract?
In order for a valid contract to exist, six prerequisites must be met. A contract must have an intention
to create legal relations, an agreement, consideration, legal capacity, genuine consent and legality of
objects. However legal capacity, genuine consent and legality of objects do not have much relevance
in the case between B and C. Evidence must be given in order to prove that the parties involved
hand an intention to make a legally enforceable contract. In this case, there is an implied non–
commercial agreement. The non–commercial agreement is a domestic agreement where the parties
involved are between two family members;

Contract Law
Part 1 A contract is an agreement between two or more parties, which can be legally enforceable. A
contract maybe written or oral, although an oral agreement can be difficult to prove in court. In
order for a contract to exist it must include four elements, that being offer, acceptance, intention and
consideration. (Sweeney & O'Reilly 2007 pg 160). A contract only exists when an offer has been
accepted, an offer has the intention to be legally binding and the willingness to contract on certain
conditions (Butt 2004 pg306). Accepting an offer means agreeing to the contract and in essences
agreeing to the terms of that contract, an offer can't be withdrawn or rejected and only the offeree is
able to accept the offer, this acceptance must be ... Show more content on Helpwriting.net ...
Although given the presumption they are open to being rebutted by establishing that the facts show
otherwise, the courts tend to look at the circumstances surrounding the agreement and the effect of
the agreement on the parties but that does not apply in the case between Mary and James (Gillies &
Niloufer 2009 pg 75). As with the case Balfour v Balfour [1919] 2 KB 571 the courts agreed since
the agreement between the husband and wife was of a domestic nature it was presumed that the
parties did not intend to contract, also because the wife had not provided consideration to the
promise that was made to her by her husband and since there was no actual acceptance between
them they have not contracted (Sweeney & O'Reilly 2007 pg 197). In Balfour v Balfour it was seen
to the courts that there would be little effect on Mrs Balfour if her husband didn't pay her a monthly
allowance as it was of a small sum of money, it could be argued that this applies to James as there
would be very minimal effect on him if he didn't receive the toys at a lower cost. As stated in Jones
v Padavatton [1969] 2 ALL ER 616 although an agreement was made between the mother and
daughter for the daughter to live in the mothers house rent free, it was said that a contract doesn't
exist because the agreement wasn't intended to be enforceable by the law, as it was of a

Contract Law
Business Law Assignment; Mistake in contract law, is a factual misunderstanding that may lead to a
failure of a meeting of the minds. Unilateral mistake is mean that is only one party is mistaken, but
the other party knows, or ought reasonably to be aware of the mistake. Contract may be void or
voidable. Void is a contract that is no legal effect. While, voidable is an agreement that may be
affirmed or rejected at the option of one of the party. The reason why Lord Denning took the view
that these two cases could not be reconciled and how the apparent conflict between these two cases
was resolved by the decision in Lewis v Averay was explain.
The first case under unilateral mistake is Boulton v Jones(1857). In this case, the contract ... Show
more content on Helpwriting.net ...
The plaintiffs, Phillips found out the cheque was dishonoured after the rogue was sold the ring to the
defendant. Therefore, the plaintiffs sued the defendant to claim back his jewellery. However, end up
the defendants had good title to the ring and the contract is not void. This is because the plaintiffs
was intended to deal with the rogue before the rogue pretended to be Sir George. There was no
mistake of identity can found in this case.
The anomalies between Phillips v Brooks (1919) and Ingram v Little (1960) was identified and
explained. In Phillips v Brooks (1919), the issue is who did Phillips intend to contract with? The
real Sir George Bullough or the person standing in front of him? Since the plaintiffs in this case had
checked the detail of the rogue but that was the detail of the real Sir George. While in the case of
Ingram v Little (1960), the issue is did the original seller take sufficient steps to check the identity of
the person in front of her? In the case, the plaintiffs also had checks the information and detail of the
rogue in front of her but did she took the correct and efficient steps to check the identity? Lord
Denning said that the two precedent cases of Phillips v Brooks (1919) and Ingram v Little (1960)
cannot be reconciled. There are three reasons why he said the decisions of the two cases were in
conflict. The first reason is the material facts in Phillips v Brooks (1919) and Ingram v Little (1960)
were indistinguishable. In

Contract Law
Contract Law Introduction In the following case note I will examine the High Court case; Smart
Telecom Plc. V Radio Teilefis Eireann & Glanbia Plc. [2006] IEHC 176. The essence of this
case is one involving a request for tenders put forward by RTE for sponsorship and the subsequent
refusal of Smart Telecom's referential bid thereto. The questions raised were (1) whether referential
bidding was a permissible term of RTE's offer and (2) if not, were they were obliged to re–tender
the contract for failure to inform Smart as such and equally liable for break of contract. Mr. Justice
Kelly ruled against Smart Telecom, upholding the judgment made in The Harvela Case (1986) – one
with very similar facts. Both Kelly J. and Lord Templeman ... Show more content on
Helpwriting.net ...
20. Smart claimed an order for specific performance of the contract allegedly entered (damaged in
lieu of specific performance are claimed as an alternative). 21. They also sought an injuction
restraining RTE from awarding the sponsorship to Glanbia. 22. Smart also seeks a declaration that
RTE was in breach of contract failing to inform it that a referential bid would be invalid. 23. A
further declaration is sought to the effect that the conduct of the tendering process by RTE was
rendered invalid and void because one bidder was told that referential bids were invalid and Smart
was not. Ratio Decidendi Kelly J. decided that – "on the true construction of the RTE offer, the
making of a referential bid was impermissible. That finding is supported by reference to the wording
of the offer and by high judicial authority from England and Wales and from New York. " He is of
the view that there is much to be said for the opinion of Lord Templeman to the effect that – "where
referential bids are sought there ought to be an express provision in the invitation permitting such
bid's to be made. Patent unfairness results unless that is done. Such unfairness would be inconsistent
with the object which was sought to be achieved in the RTE offer." He also concludes that RTE's
email response to the referential bidding query – "did no

Contract Law Is A Legal Agreement
A. Introduction Contract law is a legal agreement through which single or several persons are
obliged to bind together towards single or several persons to perform certain task. It deals with
understanding and enforcement of written agreement between two different parties. A contract exist
when an offer is proposed to a party and is accepted. In order to create a binding agreement, there
must be offer and acceptance. Acceptance of an offer means an unconditional agreement between
parties and becomes final and binding once communicated of being accepted. It may be oral, written
or acceptance by way of conduct. It is a response to the offer made. An offer made by one party and
accepted by the other party makes it a binding agreement. For an example, Micheal offers a job to
Cherry in his organization on terms and conditions specified in lieu of compensation of $40,000 per
month. Once Cherry accepts the offer, an agreement shall come into existence. The various terms
that creates a binding agreement: Multiple Parties: Two or more people shall come together and
make a contract. One person cannot get into a contract with it. 1. Offer: An offer is promising or
proposal by one person to another person, class of people or to the whole world. It might be an offer
to do certain acts or give something. An offer becomes binding once it is accepted by the party to
whom the offer is being made. An offer can be withdrawn by an individual before they accept the
proposed offer. In order to

Contract Law
"The parties to an executory contract are often faced, in the course of carrying it out, with a turn of
events which they did not at all anticipate – a wholly abnormal rise or fall in prices, a sudden
depreciation of currency, an unexpected obstacle to the execution, or the like. Yet this does not in
itself affect the bargain which they have made..." (per Lord Simon in British Movietonews Ltd. v.
London and District Cinemas [1952] A.C. 166 at 185). Discuss this dictum and explain the respects
in which it needs to be qualified. This quote refers to the doctrine of frustration. In order to adhere to
the essay question, it is important to establish what frustration is. The essence of frustration was
identified in Davis Contractors Ltd v ... Show more content on Helpwriting.net ...
In the last phrase of this dictum , Lord Simon concluded that although exceptional circumstances
may exist, courts must take cautious steps when walking through the door of interpretation and they
must never turn their backs on the terms contained in contracts. To Invalidate a contract may carry a
greater legal consequence than initially foreseen by the courts. A question to raise is; what if a party
to the contract anticipated a future turn of event but assessed the risk involved and notwithstanding,
entered into the contract. Should the court step in to cut the tight rope from such a person's neck
when he or she is facing the guillotine? The role of the courts is to seek justice and not to bail us out
when things are not going our way. For now, there are certain events that can amount to frustration
and the courts can fall back to these precedents to make an informed decision. These events include
physical impossibility, non–occurrence of a particular event, supervening illegality, death or
incapacity for personal service, requisitioning of ships and interferences with chaterparties, sale and
carriage of goods, building contracts, change in the law and performance of only one party affected.
Only few of these will be discussed further. Physical impossibility is concerned with where the
performance of the

Law of Contract
contract but do not appear to be a relevant issue here. While it is possible for offers to be "made to
the world"1, K 's advertisement is an "invitation to treat"2. It cannot be construed as an offer as it
shows no intention on K 's part to be bound to its terms, in contrast to the wording of the
advertisement in Carlill v Carbolic Smoke Ba// Co3. Thus A 's letter to K dated 21 April is the first
possibility of an offer. However the terms of this letter are too vague to be construed as an offer.
This is because an offer must contain all the terms necessary for the contract to come into
existence4. Offering to work for a fee "between $12000–$20000" is not certain enough to constitute
an offer and the letter is more appropriately ... Show more content on Helpwriting.net ...
Thus consideration passes from both parties16 and is of a precise 7 Ibid 8 Felthouse v Bindley
(1862) 11 CB (NS) 869 9 R v Clarke (1927) 40 CLR 227 10 Eg Entores LTD v Far Eastern Corp
(19550 All ER 493 & 495 11 Manchester Diocesian Council for Education v Commercial and
General Investments Ltd [1969] 3 All ER 1593 12 Eliason v Henshaw 4 Wheaton 225 (1819) 13
Adams v Linsell (1818) 2 B & Ald 681 14 (1887) 2 AC 666 15 (1988) 14 NSWLR 523 16 Dunlop
Pneumatic Tyre Co v Selfridge & Co Ltd [1915] AC 847 nature17. The fact that this conduct occurs
in a business setting between two parties acting at arms length also creates a presumption that there
is a common intention to create legal relations, a presumption that is not rebutted by any contrary
facts18. The Terms of the Contract In order to determine the terms of the contract it is important to
have regard to the terms of the offer only. The only terms that could arise out of the previous
negotiations are those referred to in the offer itself or that the courts would imply as necessary to
give the contract "business efficacy"19. This is particularly the case if the signed contract is seen as
the basis of the agreement, which is likely. In this case the parol evidence rule will generally
preclude any evidence of intention inconsistent with the signed document20. There is nothing in the
offer letter or contract sent by K to A which imports any of the previous negotiations. Thus once the
offer is

Termination of a Contract
Part AA contract may be discharged or brought to an end at any time after formation and there are
several ways in which this can happen. One party may avoid a contract – for example, for
unconscionable conduct by the other; one party may terminate the contract before performance is
complete – for example, for breach; or the contract may be performed to the satisfaction of the
parties. The contract of sale that takes place at a supermarket checkout is for all purposes completed
at the time the money is paid and the goods are given to the customer. The rights attached to the
contract persist for longer; for example, it is an implied term of the contract that the goods are of
merchantable quality and whether this is satisfied might ... Show more content on Helpwriting.net ...
Such a breach occurred in Hochster v De la Tour . De la Tour engaged Hochster as a courier in
April, with the appointment to take effect on 01 June. Three weeks before commencement, De la
Tour informed Hochster that his services were no longer required. This was clear anticipatory
breach entitling Hochter to damages for breach of contract, because De la tour had indicated his
intention to be no longer bound by his contractual obligations. Discharge by Frustration This occurs
when the contract cannot be fulfilled due to unexpected events or possibilities that radically change
the nature of the contract (Pentony, Graw, Lennard & Parker, 1999). This occurred in Taylor v
Caldwell , where Taylor contracted to hire a building for a concert. Shortly before the concert, a fire
destroyed the building. The building was essential to the performance of the contract, and this
contract was terminated by frustration due to there being no building as a result of the fire.
Summary A contract is discharged when the obligations created by it cease to be binding. Generally,
commercial parties to a contract will avoid going to court and often their contracts will contain
arbitration and similar clauses, which enable differences to be settled outside courts but normally
with legal assistance. In some instances, the discharge stems from the failure of one of the parties to
fulfil his or her obligation under the

Contract Law Cases
Ratio Decidendi A n advertisement with element of reward is a public offer. Case Carlill v Carbolic
Smoke Ball Co [1893] Facts An advert placed for 'smoke balls ' to prevent influenza. offered to pay
£100 if anyone contracted influenza after using the ball. Deposited £1,000 with the Alliance Bank to
show their sincerity in the matter. The plaintiff bought one of the balls but contracted influenza Held
she was entitled to recover as (a) The deposit of money showed an intention to be bound, therefore
the advert was an offer; (b) It was possible to make an offer to the world at large, which is accepted
by anyone who buys a smoke–ball; (c) The offer of protection would cover the period of use; and
(d) The buying and using of the ... Show more content on Helpwriting.net ...
Products on display are only an Fisher v A shopkeeper displayed a The knife had not, in law, been
Bell [1960] flick knife with a price tag 'offered for sale. According to the in the window. The law of
contract the display of an invitation to treat and not an offer. Restriction of Offensive Weapons
Act 1959 made it an offence to 'offer for sale ' a 'flick knife '. The shopkeeper was prosecuted in the
magistrates ' court Harvey v Facey [1893] The plaintiff sent a telegram to the defendant to sell
property. Telegraph lowest cash price. The defendant reply was "lowest cash price is £900". The
plaintiff telegraphed "we agree to buy ..... for £900 asked by you". article with a price on it in a shop
window is merely an invitation to treat. It is in no sense an offer for sale the acceptance of which
constitutes a contract. It was held that the defendant's telegram was not an offer but simply an
indication of minimum price the defendant would want. An Offer must be distinguished from a mere
supply of information An Harris v Auction of sale of furniture advertisemen Nickerson was
advertised in a t is only an newspaper London broker [1873] invitation to saw the advertisement and
It was not an offer as it was not clear definite or unequivocal from the advertisement that the
auctioneer wanted to sell the items treat and not an offer. travel to London to attend the sale the
items had been withdrawn from the sale before he arrived

Contract Law For The English Law
Contract Law What is a contract? There is no exact definition of a contract stated in the English law,
but a contract simply occurs when two or more people comes to an agreement, under the law, to
refrain or to do something having a legal relations and not just an exchange of mutual promises. In
common English law, there are 3 essential points in order to create a contract, which is, the
agreement, contractual intention, and consideration in both parties. Typically, an agreement can
happen when one party makes the offer, which is then accepted by the other party. To decide if the
agreement is valid, the court will have to do an objective test. The " freedom of contract " has an
important impact on the English law of contract today since it allowed parties the freedom to make
any agreement they want to make as long as they are legal and also that the agreement doesn't
include any form of unfairness or unjustified influence. In this essay, it will cover when a contract
arise and the different ways a contract may come to an end under the English Law. Firstly, a contact
arises when the first party makes an offer to the second party and expresses the willingness to
contract on specific terms if there is a proper acceptance of it. An offer can be made between one
party to another one party and one party to any member of a party or one party to the world at large.
Offer may be bilateral or unilateral. The most common one is the bilateral contract; an agreement
that both parties

Contract Law : Contract Laws
Elizabeth Richardson Professor Harris Business Law April 29, 2015 Contract Law Contracts are in
every aspect of life. From buying a car to being employed, contracts govern all areas of life. By
definition, a contract is "an agreement creating obligations enforceable by law" (Cornell University
Law School). "A contract in its most basic definition is nothing more than a legally enforceable
promise" (National Paralegal College). That means that any contract that is made legally, which will
be discussed later, will hold up in a court of law. The two different parties that join together to form
an agreement have to do their part of the contract as it is stated within. Contract law is in place to
assure that this happens in the time frame agreed upon while making the contract. "Contracts that
were mutually entered into between parties with the capacity to contract are binding obligations and
may not be set aside due to the caprice of one party or the other unless a statute provides to the
contrary" (Burton). The courts have a very important job when dealing with cases that concern
contracts. If the courts did not enforce contracts, businesses could not function properly. Contract
law prohibits parties from backing out of their agreements without consequences. This assures that
when a party joins into a contract, he/she will receive the service or good that they desire. While
courts have to uphold the law on contract, they cannot make contracts that were not previously
agreed

Contract Law Regarding Sales Transaction
In contract law concerning sales transaction, a Right to Cover is a remedy that is available to a
buyer under Article 2 of the Uniform Commercial Code (UCC), which governs the sales of goods.
The UCC states a buyer may use a cover as a protection in an action of a breach in a sales contract.
The buyer, in good faith, would purchase substitute goods when the seller violated the contract and
fail to deliver the goods the buyer has asked for. The buyer can recover from the seller the difference
of the cost of cover and contract price with any additional incidental or consequential damages. In
other words, after the seller breaches the contract, the buyer is able to look for reasonable substitute
goods. Then the buyer would have the damages recover from the seller. For example Bob, the buyer
owns a hair salon. Bob orders 15 boxes of shampoos from John, the seller. John runs a hair supply
store. Bob specifically orders the Green Tea scented shampoos. In his order, Bob states that he must
have the shampoos by January 21. Bob pays the full contract price of $30 per box (a total of $450)
to John. However on January 21, John delivers 15 boxes of peppermint–scented shampoos. The
goods are nonconforming because the shampoos are not what Bob has ordered. One option that Bob
has is to cover or purchase reasonable replacement goods. Bob then decides to contact another
supplier; Susan to order the Green Tea scented Shampoos and having it deliver on the same day. But
Susan's hair supply

Aspects Of Contract And Business Law
UNIT 21: ASPECTS OF CONTRACT AND BUSINESS LAW Name: Bernadette Gonzales Tutor:
Daniel Pratt http://businesslawfaculty.blogspot.co.uk/2012/09/contract–law–part–i–offer–
unqualified.html TASK 1: P1: Identify the legal criteria for offer and acceptance in a valid contract.
What is a contract? A contract can either be written implied or spoken agreement between two or
more people legally binding. Once contract has been the offeror will have to keeps promises
provided in the contract and the offeree will have to follow all the terms and condition in the
contract will. If one party fail to follow their obligation in the contract condition in the contract they
make take legal consequences. Verbal agreement: A verbal contract is when two parties agrees
through spoken word, therefore bound by talking with each other also known as "verbal agreement".
This contract often happen between family and friends. On the other hand, it can also happened to
business people who trust each other to agree to bind legally just by talking to each other. Written
Contract: A written contract is when detailed information about contract are included in a document
signed by each party. Written Contract are commonly used by business as they are clear and concise
which could help minimise litigation. For example, before starting a job employees are given an
employment contract that has all the terms and condition that they have to do as a requirement from
employment legislation. Here are

Contract Law Essays
Contract Law On Monday Samantha offered to sell her oboe to Penny for £1,000. Penny replied "I
will buy it if I can raise the money". Samantha promised that she would not sell the oboe to anyone
else before Saturday, and added that Penny could collect the oboe at any time before noon on
Saturday. On Wednesday, Penny phoned and left a message with Samantha's daughter, Anne, saying
that she had got the money and would collect the oboe on Saturday morning about 10.30am. Anne
forgot to tell her mother about the phone call. On Thursday morning Samantha was entertaining
friends and discussing the sale of her oboe. Gillian was interested and offered to buy the oboe for
£1,300. Samantha ... Show more content on Helpwriting.net ...
If this were to be considered such, then the acceptance would not necessarily be binding. Samantha
then promised that she would not sell the oboe to anyone else before Saturday and added that Penny
could collect it anytime before noon on that day. Then on Wednesday, there is a phone call from
Penny hoping to reach Samantha to tell of confirmation of accumulating the money required to
purchase the oboe. Unfortunately, Samantha was unavailable and her daughter Anne took the phone
call. Penny left a message with Anne that she had the agreed sum of money and would collect the
oboe on the agreed day at 10.30am, in this case the Saturday of the same week. Anne then forgot to
tell Samantha about the message. Could this still be taken as acceptance of the offer by Samantha?
Penny had passed on the acceptance, but it was to Anne, not to Samantha. On the Thursday,
Samantha was entertaining friends and the subject of the sale of the oboe came into conversation.
One of her friends, Gillian, was interested and offered Samantha £1300 for the oboe. Samantha was
obviously very happy with this offer, as it was £300 over the amount she had offered Penny. She
accepted the offer from Gillian and a contract was formed. In any other circumstances, this would
be a very simple and straightforward contract, but due to outstanding issues with Penny, shadows
were cast over its legitimacy. If

Law 421 Contracts
Contracts
Contracts are an important part of everyday life. They are an essential part of business. As a student
of a business law class, I will discuss in this paper several aspects of contracts. This paper will give
a definition of a contract and the essential elements necessary to form a valid contract. It will briefly
discuss breach of contract and the difference between a material breach and a nonmaterial breach of
contract. Examples of legal and equitable remedies available for breach of contracts will be
highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will
be addressed. Finally, three types of common contracts personally and professionally encountered
will be mentioned.
A ... Show more content on Helpwriting.net ...
Contracts can be discharged by complete performance or material non performance of the
contractual duty. For example: A contractor does not do any work promised on a bathroom, or
almost none, then the homeowner does not owe him anything. Therefore, the homeowner – the non
breaching party is discharged and the contractor is liable for the breach of contract (lectriclaw,
2012). A cancellation can be effected if one party breaches the contract, or a termination can occur
when either party lawfully ends the contract for anything other than a breach. In this case, all
executor duties are discharged on both sides but in the event of a partial breach, there is still a right
to seek a remedy (lectriclaw, 2012). Procedures dealing with all aspects of contracts are a part of
everyday transactions and can affect every individual on one level or another.
In everyday living, contracts can be a basic part of individual life. On a personal level, there are
several types of contracts that have been encountered. These contracts are life, health, and
automobile insurance that is a benefit for the person insured in case something happens such as a
death, a hospital stay or a car accident. Also, there are employment contracts that are signed when
one accepts a job such as an employment application, and service contracts such as contractors
performing work on my home. These are basic examples of how contracts affect everyday life on a
personal

The And Of Contract Law
There can be multiple advice offered to Aaron based on this problem in regard to Contract Law.
Some of the prominent topics that arise include the intention to create legal relations and capacity,
along with offer and acceptance. Of course there are other topics which need to be mentioned, such
as consideration and freedom of contract, which correspond to the situation at hand but are minor in
this context. There are numerous cases that relate to Aaron's situation which can shed some
information on his legal standing, for example 'Hyde v Wrench' [1840] and 'G Scammell and
Nephew Ltd v HC & JG Ouston' [1941] . These particular cases broaden the scenario on
communication, and what can be expressly implied in a commercial context. ... Show more content
on Helpwriting.net ...
These include intention to create legal relations, agreement, consideration, and capacity . Expanding
on each of these elements collectively, to fully form a contract both parties must understand the
terms, the form and purpose of the contract must be legal, and the most relevant to this problem, the
parties must consent before the formation takes place. To reassure Aaron, he must understand that
the courts will need very clear evidence that a contract has been formed and will not accept
vagueness from both parties. 'Even when a valid contract has come about as a result of
compliance...an agreement may fail due because of its vagueness or incompleteness' For the courts
to determine if any communication existed at all, they need to determine whether the offer was
orally communicated or written down. The Sale of Goods Act 1979 defines how a contract of sale is
made. 'Subject to this and any other Act, a contract of sale may be made in writing, or by word of
mouth, or partly in writing and partly by word of mouth, or may be implied from the conduct of the
parties' . In this case the offer might have been presumed as orally communicated, due to the
messages on the phone and answering machine, but Aaron had no knowledge of this prior to selling
the car to a third party. This was prominent in the case of 'Taylor v Laird' [1856] which gives an
insight into the very issue at hand. The claimant, who wanted extra payment due to his services at
sea, led to the court's

law of contract
Contracts Summary DAMAGES – REMEDIES FOR BREACH OF CONTRACT THE
INTERESTS PROTECTED Fuller and Perdue, "The Reliance Interest in Contract Damages" There
are three principle purposes in awarding contract damages: restitution interest – object is the
prevention of unjust enrichment by the defaulting promisor at the expense of the promisee reliance
interest – object is to put the plaintiff in a good position as he was before the promise was made
expectation interest – object is to put the plaintiff in as good a position as he would have been had
the defendant performed the promise Wertheim the ruling principle of awarding monetary damages
for breach of contract is to place the plaintiff in the same position as he would have ... Show more
content on Helpwriting.net ...
when demand exceeds supply, only nominal damages are awarded for breach of contract Loss of
Chance Chaplin v. Hicks Facts: P was deprived opportunity to be interviewed; "beauty contest
case". 4 criteria must be met to recover damages for a lost chance: (1) Plaintiff must establish, on
balance of probabilities, that 'but for ' defendant 's wrongful conduct, the plaintiff had a chance to
obtain a benefit or avoid a loss (on balance of probabilities) (2) Plaintiff must show that the chance
lost was sufficiently real and significant to rise above mere speculation (3) Plaintiff must
demonstrate that the outcome, that is, whether the plaintiff would have avoided loss or made gain
depended on someone or something other than the plaintiff himself (4) Plaintiff must show that the
lost chance had some practical value P was awarded proportionate damages for her loss of chance
Multi–Malls v. Tex Malls Facts: D's breach resulted in a 20% change of rezoning the land for
valuable use awarded damages for loss of chance, because lost an opportunity to profit of 20%
REMOTENESS B.C. Saw Mills Facts: P sued D, blacksmith, for unskillful repair causing his late
arrival to his marriage ceremony. parties should not be held liable for damages that were not
reasonably foreseeable, within the contemplation of the parties at the time the contract was made
Hadley v. Baxendale Facts: P sent shaft to be repaired, but the delivery was delayed,

Law Binding Contract
Task A Issue The main issue that needs to be addressed here is whether there is binding contract
between the two parties, Baldcure Ltd. and Gary Knudenut, and consequently whether Gary can sue
under that contract. Rule A contract is a legally enforceable agreement between two or more parties.
To be valid, a contract must comprise of the following elements: – agreement (offer + acceptance) –
intention – consideration – capacity to contract – consent – legality In order to establish whether
there is a binding contract between Gary and Baldcure we need to consider the existence of these
elements. One of the essential prerequisites of a contract (bilateral or unilateral) is agreement.
Agreement ... Show more content on Helpwriting.net ...
Sub Issue 3 The issue that need to be considered further is whether there is an intention to create a
legal relationship between Gary and Baldcure Ltd. Rule: In general, intention exists where can be
demonstrated that there is an agreement. The law in this area requires an evidence of implied
intention of the both parties to be bind by an agreement. (Pentony, 2003, p 57). Two presumptions
need to be considered: – parties in commercial relationship intend to create a legally binding
contract – parties in domestic or social relationship do not intend to create a legally binding
agreement Balfour v Balfour (1919) 2 KB 571. Application: If we apply the law to the facts, the two
parties, Gary and Baldcure have genuine consent to be in a commercial relationship. Conclusion: To
conclude, there is a commercial relationship between Gary and Baldcure Ltd and therefore applies
the presumption that they intended to enter into a binding agreement. Sub Issue 4 The next issue is
the existence of consideration by Gary and Baldcure Ltd. Rules Consideration is defined as "an act
of forbearance, or the promise thereof which is the price paid for the promise of another, and the
promise thus given for

Scots Law of Contract
All of the case studies are concerned with the Law of Contract, specifically the formation of a
contract and the differences between an invitation to treat and a contract. We will investigate each
consumers's specific contract or lack thereof individually and advise Bruce on his legal position. A
contract is an agreement between two or more parties which in Scotland does not need to take a
specific form, as a spoken agreement is still equally as enforceable as a written contract in certain
circumstances such as in most social and domestic arrangements. A contract creates a legally
binding bond between the parties involved. Contracts are made everyday sometimes without even
realising it from buying a coffee to buying a house. A ... Show more content on Helpwriting.net ...
The area of Law concerned in this case is The Law of Contract specifically relating to the revocation
of an offer and counter offers. The case Wolf and Wolf vs Forfar Potato Co Ltd (1984) directly links
to the case between Bruce and Ken. As Bruce is once again dealing with the Law of Contract
specifically the non–acceptance of an offer, he is under no legal obligation to sell Ken the rare vinyl
at the original price of £40. When Ken rejected the original offer he created a counter offer which in
Scots law is a completely new offer and caused Bruce's original offer to lapse and was up to Bruce
to decide wether or not to accept the new terms, after Bruce rejected the counter offer all offers
between Bruce and Ken had lapsed. When Ken came back insisting that there was a contract
between them and he was entitled to the album Bruce was in fact under no legal requirement to give
Ken the vinyl as all offers had lapsed and no contract existed between then. In the case of Fisher v
Bell (1961) a shopkeeper had displayed a flick–knife in his window with a price tag next to it but
under the restriction of Offensive Weapons Accontents Restriction of Offensive Act (1959) it was
illegal to sell hire or offer to sell or hire any knife which had a blade that opened automatically, on
December 12 1959 the shopkeeper was brought to trial alleging that the defendant had broken the
law by offering to sell the knife in his shop. The

Sources Of Contract Law

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