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Essay about the different types of contracts
Questions on the types of Contracts
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The simple definition of agreement according to the oxford dictionary is a situation which people share the same opinion or accept each other’s opinion. In law agreements are informally known as contracts. Agreement in contract often requires a meeting of minds between the contracting parties which is described as a consensus “ad idem”. This brings us to the definition of contract, although it is difficult to give a definite answer to the definition of contract law, but it could be said as an aspect of law relating to agreement and promises. It is an agreement giving rise to obligations enforceable by law. The general perception of contract law is to know which agreement to enforce and which steps to take in enforcing those agreements should anything go wrong and also remedies that should be awarded to the parties being affected should anything go wrong with the contract. There are different types of contract, these are: oral contract which involves making an offer and the offer is being accepted by word of mouth, …show more content…
Normally, the general principle of contract formation is, contracts are formed by the parties involved in the contract with the terms of the contract clearly specified. Every contract formed should have an offer, acceptance, consideration and intention to create legal relations and certainty. OFFER; according to “contract law (Palgrave Macmillan 2011), an offer is said to be a statement by one party in willingness to contract on terms clearly stated and these terms are being accepted by the other party who the contract will be addressed to. An offer can be made orally, in writing or by conduct like in the case “carlil and the carbolic smoke ball”. In talking about offer, we have to talk about ‘invitation to treat’ because, sometimes a statement does not really intend in creating immediate acceptance or not necessarily an
In order to have a valid contract, there are six elements that need to be established. The following is a defined list of these elements, as well as analysis pertaining to the case at hand.
Within the Social Contract Theory, living within a society requires us to have rules and laws. This gives people the groundwork for how people and governments cooperate. Individuals receive stability when they live in a social structure. This gives them security from other individuals that may want to do them wrong. In order for them to receive this protection, they have to give up some freedoms, such as being able to steal without receiving punishment. Individuals need to commit to helping make society secure, and happy.
Contracts are legally enforceable promises. There are two requirements for contract formation: agreement and consideration. An agreement involves a valid offer being made by an offeror to an offeree and said offer being validly accepted by the offeree and communicated to the offeror. The second requirement is consideration, meaning the two parties exchange something of legal value. Contracts serve the purpose of ensuring stability, predictability, and certainty, as well as deterring defection, in business dealings. The objective theory of contract law states that only the language of the contract should be considered in contract interpretation. This theory ignores entirely the intent of the parties. However, contract law is largely
A Theory of Justice is the magnum opus of 20th century social contract theorist and political philosopher, John Rawls. A bit of background into this work is that social contract theory had fallen out of favor with political scientists and philosophers since the last 18th century, with the success of the American Revolution and the apparent triumph of John Locke and Democracy. However, with the advent of modern globalization, the emergence of America as a superpower, but the growing concern of socio-economic disparity necessitated a revisiting of the social contract, what it means, how societies and governments were best constructed.
The requirements that must be recognized to establish the formation of a legally binding contract are offer, acceptance, consideration, mutuality of obligation, and capacity. An offer is a promise to act or refrain from acting, which is made in exchange for a return promise to do the same (Hirby, 2016).
Explain why it is important to have an intention to create legal relations when making a contract and why is consideration of the parties to the agreement necessary-:
There are three basic essentials to the creation of contract which will be recognised and enforced by the courts. These are: contractual intention, agreement and consideration.
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.
A contract actually starts when the other party makes an offer (offeror), and then it is accepted by
An invitation to treat is an invitation to form a proposal, and thus there is no legal consequences. (Nabi Baksh and Arjunan, 2005) An offer must be differentiated from an invitation to treat. (Lee and Detta, 2009) In this question, Roland was making an invitation to treat when he displayed the price tag on the car vehicle. Actually, he is inviting customers to form an offer to him. When the customers consent the price and discussed with Roland, both of them actually are making the offer. In this situation, it is depends on whether Roland want accept or not. Thus, Bernie is making an offer when she consent to buy the car stated as RM10 000. Bernie implies her willingness to buy the car marked RM10 000 with the expectation of Roland will sell the car to her at this price. Obviously, Bernie is the offeror. A contract will come into being when the people who forms the invitation treat accepts the offer of the customer, for instance Roland accept the offe...
Based on common law and precedent, the English law of contract has been formulated and developed over a number of years with it’s primary purpose to provide a regulated framework within which individuals can contract freely. In order to ensure a contract is enforceable there are certain elements which must be satisfied, one of which is the doctrine of consideration. Lord Denning famously professed; “the doctrine of consideration is too firmly fixed to be overthrown by a side wind” . This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law.
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,
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.
The area of law that is required in order to form a legally enforceable contract is agreement.
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.