The Individuals Regarding Contract Law

1565 Words7 Pages
Within this essay advice will be administered to the three individuals regarding contract law. For any of the cases below to pursue a claim in court there is a process to be completed. The first step in perusing a case in the county court would be for the claimant to start a letter of claim. This is where all of the details of the claim are put on the form to make the court aware of the reasons for the case being brought into court. This then clarifies to the court and the defendant what the issues are. The second thing to do when pursuing a case in court would be to fill in a claim form. This is called the issue of claim. This would then be served on the defendant. The defendant then responds either admitting the claim or saying why they are defending it. If the defendant doesn 't respond a judgement may be made in the favour of the claimant. The defendant has twenty-one days to say why they are defending the case. The claim is then sent to the appropriate court known as the court track. In all of the cases below they would be pursued in the small claims track. The small claims track can deal with cases where there is a claim for £10,000 or less or £5,000 for personal injury. The person who wins the case can claim for the other party to pay the court fees. When there has been an application into court the parties can still resolve the issue before it gets to court. If the issue is resolved in court. The losing party can then apply to the court of appeal for the case to be reconsidered if they believe an unfair judgement was implemented. The first case to be considered is whether a contract has been breached between Mr Fong and Ms Alvarez. For a contract to be legal there must be an offer, consideration, intent... ... middle of paper ... ...n the cases above. This again would save a lot of expenses by taking the case to court although Mr Fong should honour the contract and supply the oil at a current price for the oil. In the case Offroad Wheels Ltd v Fongs Diesel Mr Fong made an offer to sell oil to the director of Offroad Wheels Ltd Mr Ogabe. Mr Ogabe did not accept this offer, but instead made a counter offer to Mr Fong. When a counter offer is made it rejects the original offer made by the person offering. When an offer is accepted the terms in the contract must be alike with the terms created. As Mr Ogabe put new terms into the contract this was him making a counter offer which Mr Fong then refused to accept. Mr Fong was within his rights to refuse the offer and not accept the new offer put forward by Mr Ogabe. It would not be relevant in this case for Mr Ogabe to pursue this case in court.
Open Document