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)
The decision of the House of Lords in City of London Building Society v Flegg marks a key stage in how the balance is drawn between occupiers and creditors in priority disputes; the seeds of which were originally planted in the Law of Property Act 1925. It posed a serious challenge to the conventional understanding of overreaching and the machinery of conveyancing.Ref ?
The four elements of a contract are the agreement, the consideration, contractual capacity, and a legal object. The oral agreement between Sam and the chain store satisfies the agreement element of a contract definition because when the chain store offered to sell Sam 's invention at their stores, Sam accepted by agreeing to ship 1000 units in exchange. The second element of a contract, the “consideration of each party,” is satisfied because Sam and the chain store have something to give the other (1000 units of the invention in exchange for the exclusive sales of the product at their stores). The third element is “contractual capacity,” which may or may not be fulfilled since we do not know Sam 's age or whether
9. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003). Legal Studies for Queensland, Volume 1, ForthEdition, Legal Eagle Publications: Queensland. 10. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003).
The Incorporated Council of Law Reporting for England & Wales. - Counsel [24] See footnote 22 – but page 61 [25] GEOFFREY, Marshall, Constitutional Theory, Clarendon Law Series, Oxford 1971 Chapter1 – the Law and the constitution, part 3. Dicey’s doctrine and its critics. [26] REGINA v HER MAJESTY'S TREASURY, Ex parte SMEDLEY, [COURT OF APPEAL], [1985] Q B 657, 19 December 1984, (c)2001 The Incorporated Council of Law Reporting for England & Wales [27] MITCHELL, JDB, Constitutional Law, 2nd edition, Edinburgh, W Green & SON LTD, 1968, Convention, page 31 [28] See footnote 22 but page 64
Andrews N, Strangers to Justice No Longer: The Reversal of the Privity Rule under the Contracts (Rights of Third Parties) Act 1999 (2001) 60 The Cambridge Law Journal 353
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
part of the Doctrine Hedley Byrne and Co. Ltd V Heller and. Partners Ltd (1964), Rondel V Worsley (1969).
An offer can be made to one person or a group of persons or to the world at large. The offeror is bound to fulfil the terms of his offer once it is accepted. The offer may be made in writing, by words or conduct.
In Krell v. Henry {1903} a plea of frustration succeeded because the court held that the common purpose for which the contact was entered into, could no longer be carried out. But in the same year for similar set of facts, the Court of Appeal decided in Herne Bay v. Hutton [1903] that the contract had not been frustrated because the "common formation of the contract" had not changed. It clearly was a policy decision which shows the reluctance of the courts to provide an escape route for a party for whom the contract ha...
Defendant sent plaintiff a document titled ‘Agreement for Sale’ and the letter indicates that if Mr. Storer sign the Agreement and return it, the defendant will send Mr. Storer the Agreement signed on behalf of the council in exchange. Therefore, Mr. Storer signed and returned the ‘Agreement for Sale’, however, the defendant refused to sell the property to Mr. Storer. The court held that to a reasonable man, the defendant letter appeared to commit to sell the property if plaintiff returned the signed document. Thus, it was an offer.
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,
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...
There is no contract unless and until the offer is accepted by the person to whom the offer is addressed. It can be made orally as in writing or by conduct. For acceptance to be valid in law the rules on acceptance must be satisfied. Acceptance must be unconditional and final.