What´s Contract Law?

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The scenario presented in this assessment centers itself around the identification of particular legal issues that are integral to contract law. It also begs one to apply legal principles in such a way as to determine the outcome of a legal dispute as well as see the dispute from the perspectives of both parties involved. A contract may be defined as an agreement between two or more parties that is intended to be legally binding. According to Graw (2012), every contract has a number of essential elements. These include the formation of the contract, an offer, agreement, consideration, the intention, and legality . In order to determine whether Barry’s and Sarah’s communications constituted a contract, there are particulars within this scenario which will have to be addressed and discussed. The discussion surrounding this scenario will focus on the elements of offer and acceptance because, in my opinion, these are the primary issues at play in the given dispute between the two parties.
Although contract law does not identify itself as a subjective practice, the law often uses ‘the intention of the parties’ as a means for resolving disputes and conflict. This does not refer to the actual intentions of the participants in the contract, but to the ‘proper inference’ from the “facts as a whole as to what would have been the intentions of a reasonable person in the position of the parties .” While contracts do not require a particular formality, they are formed when one party makes an unconditional offer and the other party accepts the unconditional offer. Agreed consideration is also an important element where this refers to the price or other particular guidelines under which the contract is undertaken .
In our scenario, Barry is...

... middle of paper ...

...communicate to Barry that she had accepted his offer of $1000 and no warranty. In addition, the two did not agree on terms and conditions so the offer was not valid.

Works Cited

De Rooy, Julie, Clarke, B. & Psaltis, M, Learning Guide: Law and the role of the courts (Swinburne University, Melbourne, 2012).
Chen-Wishart, Mindy, Contract Law (Pearson, London, 2012).
Graw, Stephen. An Introduction to the law on contract (Thomson Reuters, N.S.W, 7th ed, 2012).
McKendrick, Erin. Contract law (Palgrave Macmillan, London, 2011).
Poole, Jill, Casebook on contract law (Oxford: Oxford University Press, 2012).
Young, Max, Understanding Contract Law (Cambridge University Press, Cambridge, 2008).
Adams v Lindsell (1818) 1 B & ALD 681
Grainger & Sons v Gough (1896) AC 325
Harris v Nickerson (1873) LR 8 QB 286
Pharmaceutical Society v Boots Cash Chemicals LTD (1953) 1 QB 401

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