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Scot's Law of Contracts - Essay Example

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This research aims to evaluate and present Scot’s Law of Contracts. A court of law can confer an enforceable obligation on a single party making it a unilateral contract or on a multitude of parties where it becomes a bilateral or a mutual contract. …
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Scots Law of Contracts
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Download file to see previous pages The paper gives detailed information about contracts that are formed where all the concerned parties have arrived at an agreement. This is in terms of the stipulations of the contract and in willingness to see the contract out without duress. In legal terms, consensus in idem must be achieved for a contract to be deemed as binding. Not all terms in the contract must be agreed upon. However, the most essential ones must be agreed when the parties meet. Another tenet of the Scottish Law of Contracts is that it must not always be in writing. The Requirements of Writing Act 1995 clearly states that a contract must not always be written contrary to belief by people who are not essentially lawyers. The conduct of the parties, the spoken word or a combination of these may be used in the formation of a contract as much as the written word. The Scottish Law of Contracts requires that consensus in idem be reached. This means that regardless of the means that the contract was formed, there must be a consensus that was reached by the parties. It is possible for the parties in a contract to think that they have come to a consensus only for the court to overturn that belief. This is so especially when the parties think that they have reached an agreement only for the court to ask whether a reasonable person, given all the facts in the case would have acted in the same way. A contract has to have an agreement at least on the essential terms....
Additionally, she cannot claim that in court of law as ultimately, she would have to prove that a legally binding contract did indeed exist between her and the customer. The Scottish Law of Contracts requires that consensus in idem be reached. This means that regardless of the means that the contract was formed, there must be a consensus that was reached by the parties. It is possible for the parties in a contract to think that they have come to a consensus only for the court to overturn that belief. This is so especially when the parties think that they have reached an agreement only for the court to ask whether a reasonable person, given all the facts in the case would have acted in the same way. In this case, Arju was not under any obligation to heed the recommendations of the other customer as ultimately, she had not approached him but he had approached her. Therefore, a reasonable person would have pointed out that she was not under any obligation to buy the AK47 Watersquirt and hence no contract could have been made. As Arju’s lawyer, I would not advice her to sue the customer as there was no contract between him and her. Case A2 In this scenario, Arju comes across a sales assistant who is wearing the stores uniform and having a label “home decoration expert”. The assistant concedes that he does not have enough knowledge on power washers but states that the store only stocks the best appliances meaning that whichever she chose would do the job just right. Here, the assistant is in a legal capacity to enter into a contract with the customers on behalf of the store. Therefore, Arju had the guarantee that whichever power washer she chose would do the job that she required it to. As seen earlier, a ...Download file to see next pagesRead More
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