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Questions on the types of Contracts
Importance of contract law conclusion
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Introduction
United Kingdom has three legal systems. English law applied in England and Wales and Northern Ireland Law applied in Northern Ireland. English law can be determines as an art, and it is described as having its own legal doctrine, distinct from civil law.
A contract is a written agreement with terms and conditions. The signing parties should observe the terms and conditions until the expiration of the contract, or end date (Business Dictionary, 2013).
The first requirement for making a contract is an offer. It is a promise by the offeror to do something and to pay the price of the offer. There are at least two parties of the contract and different types of contract. It depends of the needs of the parties.
LO 1.1, 1.2, 1.3 Impact of Different Types of Contract and Terms in Contracts
The different types of contract can be classified in different ways. The law recognizes that the legal contract must be verbal, written or mixed. In the written contract all the terms and conditions are written in it, the contract is signed by all the parties and there is an assumption of all the terms of the agreement. In the verbal agreement there is a faith of the parties involved in the contract and it will be difficult to prove in contrast of the written contract.
There are many distinctions between the different contracts:
-Deeds and simple contracts-Deeds is a contract under the seal and sometimes is similar as the ordinary contracts. The liability is based on a promise. It is a written contract. Simple contracts are ordinary contracts.
-Bilateral and unilateral contracts-In a bilateral contract the promise of one the sides is exchanged by the promises on the other side. In a unilateral contract the promise o...
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...ving in mind that the pool is empty and there is no any notice for that, Mark might bring a claim for his trunks.
Conclusion:
In every organization should have some rules. To be the business successful all the rules must be written and supervise periodically. In an organization should have a good manager with qualified and responsible employees. Each of them have to know its responsibilities and to have duty of care. In the situations mentioned above the legislation protects both the rights of owners and visitors alike. Each person has equal rights, but in the same time should respect the rights of others.
References:
1. Cooke, J. (1992) Low of Tort. 3 rd edition. Pearson Professional LTD. ISBN: 0 273 62710 4
2. Reference. Com. [Online]. Available at: http://www.reference.com/motif/society/four-elements-of-negligence, (Accessed, 17.12.2013).
Whether oral or written, the contract must manifest a mutual intent to be bound expressed in a manner capable of being understood, and include a definite offer, unconditional acceptance and consideration.” (Express Contract 2016) The above definition is a much clearer explanation with key elements outlined; 1. mutual intent, 2, expressed in a manner capable of being understood, 3. definite offer, 4. unconditional acceptance and 5. Consideration.
Contracts are legal binding agreements whether verbally or written between two or more competent people. They also can be contractual agreements between businesses for services or goods, employment, trade, or lease. Regardless of what type of contract the parties are entering there are six elements they need to follow in order to come to a successful legal understanding. Contracts are built on the fundamentals of offer and acceptance, intention to create legal relations, consideration, legal capacity, consent, and illegal and void contracts. Any contract which represents false statements, unwarranted
A contract requires that the parties intend to enter into a legally binding agreement. That is, the parties entering into the contract must intend to create legal relations and must understand that the agreement can be enforced by law. The intention to create legal relations is presumed, so the contract doesn 't have to expressly state that you understand and intend legal consequences to follow. Stan insists that the $100.00 was a deposit on the car and was meant to be part of the contract to buy the car. Stan is very persistent and insistent that Jim and Laura have contracted to buy the car; therefore, the $100.00 will be applied to the purchase price of the car.
The English contract Offer and Acceptance General principles There are three basic essentials to the creation of a contract which will be recognised and enforced by the courts. These are: contractual intention, agreement and consideration. The Definition of an Offer. This is an expression of willingness to contract made with the intention (actual or apparent) that it shall become binding on the offeror as soon as the person to whom it is addressed accepts it. An offer can be made to one person or a group of persons, or to the world at large.
Cownie, F and Bradney, A. (2002) English Legal System in Context, London, Butterworths, pp. 293-4.
A contract is an agreement which has its specified terms and conditions between two or more parties in which there is a promise to do something in return for a benefit.
Contracts are legally binding between two or more parties this is so that offeror can provide an offer this tends to be based on terms agreed by the offeree, however sometimes the offeree may not full accept the terms so they would counter-offer, once both parties have accepted the contract the terms and conditions come into effect automatically. There are three forms of acceptance these are: written, verbal and online. Written and online are safest because there is a paper trail to prove that the parties have agreed to a legally binding contract, however a verbally agreed contract needs a third party to witness the agreement however this become void if the third party cannot remember, or is no longer able to say whether or not they saw an agreement between the two parties. This report will look specifically into three contracts: Kelner v Baxter (1866), Spice Girls v Aprilia World Service BV (2000) and a contract of employment (pages 3 - 5).
Textbook on Torts 8th edition. Michael A.Jones [2] P419. Textbook on Torts 8th edition. Michael A.Jones [3] The Law of Torts. 9th edition.
The meaning of English Legal System is stated out by Cownie and Bradley in the English Legal System book . There are many sources that build up the English Law as it is today. The main sources of English Law consist of Common Law, parliamentary legislation and delegated legislation. As stated in Gary Slapper & David Kelly’s English Legal System book , there are many different interpretations of the phrase ‘source of law’ where in this book the law is made up of three main sources; where in Martin Hunt’s “A” Level Law , though there are different sources that make up the English law, these sources are differentiated in two main categories with various minor sources.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
One of the last remaining strongholds of classical contract law is the notion that contracts require offer and acceptance therefore, in order for a contract to become binding, offer, acceptance, consideration and intention to create legal relations must exist. However contracts are formed in different ways for each different circumstance. (Shawn Bayern, Offer and Acceptance in Modern Contract Law: A Needles Concept, 103 Cal. L. Rev. 67, 102 (2015)
TORTS v. LAW OF CONTRACTS, TORTS v. LAW OF CRIMES AND TORTS v. QUASI CONTRACT: A COMPARATIVE STUDY
A contract is generally considered to be an exchange of promises or an agreement between parties which in due course legally binds the parties; this can be enforced by the English Law. A contract is always, referred to the basic foundations of Contract Law, which refers to promises being kept amongst two parties. It is clear that all people make contracts nowadays and do not even consider for a moment that they are forming contracts; these can be formal or informal, oral or written.
Contracts and agreements have many key differences. A contract is an agreement between two parties that is legally binding. In order for a contract to be valid and have legal standing, it must have four requirements; consideration, contractual capacity, and legality. Without all four of these requirements it is not considered a contract and has no legal standing. An agreement is an understanding or some type of arrangement between two or more parties and does not need to have the four requirements that a contract must have. Most of the time, agreements are informal and not enforceable by law.
Contracts play a basis part in our everyday lives as well as for the businesses transactions (Lee and Detta, 2009). A contract defined as a voluntary agreement to exchange of promises, services, and things which can be enforceable by law (Lee and Detta, 2009). Besides, a contract also known as agreement where there is a legally binding contract between the parties, promisor and promisee (Lee and Detta, 2009). However, not all agreements become contract recognizable in law because there are parties who have no intention to create a legal relations or the agreement is offend against the law and is illegal (Lee and Detta, 2009).