Law

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Introduction A contract is an binding and legally enforceable agreement giving rise to obligations which are enforced or recognized by law (Allen & Overy, 2013). For a contract to be valid and binding the following essential elements must be including four elements to the creation of a contract such as agreement (offer and acceptance), intention to create legal relations, consideration and legal capacity to contract. The first important of an contract is that parties should have reached agreement which is when one party makes an offer and accepted by another party. In this essay, it will analyse the scenario that contractual position of four parties with each different legal issues. Main body Overall, for the advertisement it is not a offer. An offer must be distinguished from an invitation to treat which is merely inviting others who are interested to make an offer. Moreover, the advertisement displayed is invitation to treat because there is a limited supply of the item being advertised in newspaper. According to the rules of offers illustrates that an offer must be clear and complete and must be communicated to the offeree. But there has no any communication between parties, also the information of LV handbag is not clear and complete. This case has relevant relationship between individual, thus, it is belong to private law. Tian For Tian it is only supply of information, no an offer. Because there merely giving information to the other party is not an offer. Tian just request the information of LV handbag, not made a offer at the time. On the other hand, parties did a exchange the consideration at the time, but it is not a contract. Because of Winnie made a promise, but she does not keep the LV handbag to next day for Tian.... ... middle of paper ... ...sp?tab_tab_group_id=_2_1&url=%2Fwebapps%2Fblackboard%2Fexecute%2Flauncher%3Ftype%3DCourse%26id%3D_74362_1%26url%3D (Date accessed: May, 09, 2014) Contracts (Rights of Third Parties) Act 1999. Available from: http://www.legislation.gov.uk/ukpga/1999/31/section/1(Date accessed: May, 12, 2014) Hyde v Wrench (1840) 49 ER 132 Chancery Division (Decided by Lord Langdale MR). Hyde v. Wrench – Case Brief Summary. Available from: http://www.lawnix.com/cases/hyde-wrench.html (Date accessed: May, 12, 2014) Lampleigh v Braithwaite [1615] EWHC KB J17. Contract consideration. Available from: http://www.e-lawresources.co.uk/Lampleigh-v-Braithwaite.php(Date accessed: May, 11, 2014) Oscar Chess v Williams [1957] 1 WLR 370. Contractual term or representation. Available from: http://www.e-lawresources.co.uk/Contractual-term-or-representation.php (Date accessed: May, 10, 2014)

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