Six Essential Elements Of A Contract Case Study

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Question 1
Six essential elements of a contract:
- Intention to create legal relations
- Agreement – Offer and Acceptance
- Consideration or Form
- Legal Capacity
- Genuine Consent
- Legality of Object

Question 2
The rules for acceptance differs between contracts by post and instantaneous communication.

Instantaneous communication refers to email or SMS (short messaging system). If an acceptance is sent through email or SMS, it is deemed accepted only if the person making the offer opens the email or reads the SMS.

If the acceptance is sent through post, it is deemed accepted from the time the letter has been posted and not the time it is received. This is acceptable only if both parties agree to have a postal acceptance.

Question 3 …show more content…

A condition subsequent exists when a contract gets terminated upon the happening of an event. The purchase of the car involves a signed contract with the stated clause / ‘condition’, ‘if you are not completely satisfied with the car, return it in good condition within 7 days and we will give you your money back’. ‘Subsequently’, after purchase of the car, if the customer does not like the car, he can return it in good condition within 7 days for his money back in full, and the contract is terminated.

Question 5 This is a case scenario of a domestic agreement made verbally, or in other words, made expressly. The first essential element to create a contract is ‘Intention to create legal relations’. In a contract, there needs to be intention to create legal relationships, and it should not include simple domestic or social agreement. In this case, there was a domestic agreement made by Peter to make a dress allowance of $1,000/year to Mary. Thus, it cannot be a term of a contract. As it is a domestic agreement, it cannot be formally a term of contract. Consequently, there is no breach of contract as such a term (non-existent in legal contracts) is not legally bound. Therefore, Peter is not legally bound to pay the $4,000 requested by Mary. In conclusion, Mary is not entitled to the

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