The purpose of this essay is to determine if there was an enforceable contract between Sarah and Barry, and whether Sarah breached the said contract. In formulating a contract one must consider four main elements: offer, acceptance, intention and consideration. These four elements will be covered in detail to be able to advise Sarah on the strength of her legal position. While working from home is advantageous to many, it also brings with it other issues. Specifically in regards to this scenario the primary means of communication for Sarah’s business is unknown. The effects it has on this scenarios is that one potential customer is family, and could possibly have a different contact number for Sarah, which when it comes to business related …show more content…
There are actually two legal issues with this acceptance. The first being that acceptance is not considered to be complete until it is received by the offeror, the legal view regarding this can be found in Entores Ltd v Miles Four East Corp. The second being that silence is ineffective, the offeree should not have to communicate refusal in order to avoid contractual obligations. The reasoning behind this is that acceptance is a deliberate willed act and that silence could be from any number of reasons (forgetfulness, bad manners) , you can find this in the ruling with Felthouse v Bindley. Intention When both parties are in agreement, this still does not ensure that the parties will enter into a contract. They need to show intention to be bound. In this case, there doesn’t seem to be any intention from either party until Thursday night when Barry rings Sarah and leaves a message of offer for the laptop. Sarah’s offer to hold the laptop for Barry and his son until the end of the week, wouldn’t be considered as intention either.
Maria had spoken with Eva over the phone concerning the correct total amount of $60,000 for rendering decorating services provided by Eva. Maria had sent a letter of the telephone conversation stating that Eva agreed to take $60,000 in full satisfaction obligation under the contract. Although Eva, changed her mind when depositing the check in the bank, she legally entered a mutual agreement over the telephone where it resulted in a unliquidated debt, payment is lower than actual.
Walker, Takem’s has the statutory law of contracts in his favor. In a contract, the seller and the purchaser have certain rights and obligations. Four basics must be met for a contract to be created (Chrisman, 2014). First, the offer has to be made. In the case at hand, the door-to-door salesperson made an offer of a computer to Ms. Walker. Second, the consideration has to be accepted. Ms. Walker accepted the offer to purchase a computer. The third step is capacity. The purchaser must be legally capable of entering into a contract; minors and the mentally incompetent are excluded in this case. Takem’s has given Ms. Walker the computer in exchange for her payments on her store account. Finally, the intention to enter into a contract has to be present. Ms. Walker signed a bill of sale, a security agreement, and a negotiable promissory note- which is an unconditional promise to pay a certain sum of money at a certain time in the future. Though Takem’s has the advantage to combat her claims, Tommy needs to ensure that his salespeople have not made any false statements or misrepresentations to Ms. Walker as this could have legal implications for the store and against the contract (Vaccaro, 1987). Ms. Walker is legally bound by the contract she agreed to in exchange for the computer; however if there has been any misrepresentations or false statements Ms. Walker may be able, with legal assistance, to call the contract into question
However, the fourth element, which is "legal object," may not be satisfied between Sam and the chain store because there was nothing in writing, nothing was “drawn.” An oral promise would make the contract invalid if the completion of that promise will take more than a year from the date of agreement. However, if the chain store has written proof confirming Sam 's promise, for example, advertisements, invoices that the store only prepares in the regular course of business after an oral promise for a product delivery has been made, a court may consider Sam 's oral promise legally binding. Then it would be considered a "primary obligation" (since there was a debt incurred in anticipation of the sale of his invention at their stores). In that event, the contract does not need to be in writing to be enforced since primary obligations are not within the statute of frauds. So if the chain store does not get their 1000
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.
A contract is a written or spoken agreement, especially one about employment, sales, or real estate, which is intended to be enforceable by law. In order to form a legally binding contract the general requirements of a contract must be present, for example there must have been an offer, acceptance and an intention to form a legally binding contract. Without all of these elements a contract will not be legally binding. If all these elements are in place a contract will be legally binding, however, the law presumes that certain people do not have the power to enter into a contract, as is the case with Nancy.
It can also be the promise to pay. For an enforceable contract, the consideration provided must be agreed upon by all parties. In the Jim and Laura case, there is no contract. For a contract to be present and enforceable, an offer must be made. The offer was made as the two parties discussed on purchasing the car and even the party being offered the car left with the car. This offer, however, lacks merit because the proposal was not specific. The two parties did not have a common mind on how to purchase the car. It can also be established that there was no contract mutuality of obligation was not existent (Kurtz & Boone, 2009. The buyers had not agreed to the terms. The terms as explained later by Stan were not the same that Jim and Laura heard in the first instance. Time of agreement is also not detailed. This element has not met at all and, therefore, there was no contract. Consideration plays a big role in law of contract. Businesses are very specific on what ensuring revenues are high all year round. As a result, consideration is critical because it has the ability to tilt profitability of a company. During contracting, considerations must be understood by all parties and agreed upon. In this case, Jim and Laura never agreed on any considerations. They in fact did not know whether there were considerations that were presented to them. This is enough to claim that there was no contract. For there to be a
Were the items specially manufactured goods? Is the defendant to blame since the items cannot be sold at any other location? Is the verbal agreement for the sale of goods more than $500 enforceable?
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]
A contract is an agreement, either oral, in writing or inferred by conduct, between two or more persons (the offeror and offeree or promisor and promisee) which is usually intended to be legally binding. A contract concerns 3 main issues, firstly, is there a contract? Secondly, is the agreement one in which the law recognises? Thirdly, when do obligations under contract come to an end and what remedies are there if a contract is broken? (Jones,2015). The question at hand surrounds Sam, who had been offered the opportunity to earn some money for university by helping Jo. But when Sam leaves for university, Jo refuses to pay any money. The following discusses whether Sam has a contract and whether he is entitled to be paid.
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.
A contract is a written or a verbal agreement, which is intended to be enforceable by law. It is particularly related to employment, sales, and real estate. In order to form a legally binding contract the requirements of a contract must be present. There must have been an offer, acceptance and an intention to form a legally binding contract. Without all of these elements a contract will not be legally binding. If all these requirements are in place a contract will be legally binding. However, the law states that certain people do not have the power to enter into a contract, as is the case with Nancy.
The basic law of a contract is an agreement between two parties or more, to deliver a service or a product. And reach a consensus about the terms and conditions that is enforced by law and a contract can be only valid if it is lawful other than that there can’t be a contract. For a contract to exist the parties must have serious intentions, agreement, contractual capacity meaning a party must be able to carry a responsibility, lawful, possibility of performance and formalities. Any duress, false statements, undue influence or unconscionable dealings could make a contract unlawful and voidable.
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,
Agreement is a mutual understanding of two parties and willing to accept terms and conditions in order to form a legal contract (Penthony et al.2014). Agreement consists of two components; offer and acceptance. Offer is made by an offeror in an exchange for performance from another party on certain terms while acceptance is the action of accepting to the terms of the offer. An offer must follow the requirement in order to form