Whether the Element of Agreement Required for the Formation of a Contract Can Be Established - Research Paper Example

? Business Law Q1. Assume that the elements of intention and consideration required for the formation of a contract exists. Using the four-step process, discuss whether the element of agreement required for the formation of a contract can be established. Did Alex have a legally enforceable contract with Francis? Does Francis have to sell the special offer set to Alex? A contract is an agreement between two or more individuals concerning agreed terms. A contract access when two people agree to the set terms while indicating interest to the offer. The case involves three parties, Alex, Francis and Samantha. When handling a contract, the terms of a contract are important in setting out regulations required to make a communication. The ‘term’ refers to the promise made in the conditions of the contract to be legal binding. The terms of a contract indicate the contents of the agreement. The agreement between Francis and Alex was to sell the Artifact mirror for $200 for the given duration. Alex reached home and informed Francis on his willingness to purchase the artifact for the agreed price. The message however reached Francis after he offered the artifact to Samantha for $230. Alex had a legal enforceable contract with Francis as he orally communicated with him concerning his willingness to take up the offer. The breach of a contract occurs when one party fails to perform in accordance to the agreed terms and conditions (Answers 2011). Forming a contract requires an offer. An offer refers to the willingness to abide by conditions provided by the contract. Francis offered a product for sale and Alex was willing to take up the offer, given the terms that Francis provided. Both Francis and Alex are bound to the contract given the time agreement does not expire. The other element of the contract evident in the case is acceptance. Acceptance refers to the unconditional agreement to the provided terms whether in oral or written. Francis orally accepted to the terms and conditions of the purchase. The acceptance should reflect the conditions of the original made offer. Alex made a call to confirm the purchase before the set time expired, meaning he accepted to purchase the artifact at $200. The communication between the two parties was as agreed. In the case, Francis and Alex formed a contract on purchasing the artifact. Communication was involved and Alex told Francis that he would think of about the offer. Alex later sealed the contract by confirming the purchase through telephone. The contract between Francis and Alex has the counter-offer element. The initial price of the artifact was at $250, Alex made a counter- offer of $200, and Francis accepted. The price of $250 was a invitation to treat and not an offer. The display of the artifact mirror caught the interest of Alex. He however makes a counter offer of $200 (Arias 2010). It is important to realize the terms set to understand that a contract existed between Francis and Alex. The first important term of recognition is to agree that Francis created an enforceable contract. The promise in the contract involves allowing Alex to purchase the artifact mirror for the given time. The freedom of the contract involves a free negotiation by parties regarding the agreed terms. Alex negotiated without interference and at his own will. Alex and Francis both negotiated at an equal strength hence the contract was valid. The contract has no limitations to the freedom, as illegal undertaking did not take place. The purchase remained open to Alex until the set time, but he sold the artifact to Samantha instead. Proving the terms of a contract comes with two possibilities, either orally or written. Francis orally accepted to sell the artifact to Alex within the time duration. Though no other witnesses were present to confirm, Alex remained the legal buyer of the artifact until the set deadline (Brakel and Hert 2009). Like in the case of Rankin vs. Scott Fell and co (1904) 2 CLR 164, the ruling indicates presence of a contract even if no document exists to prove the contract. The case indicates presence of negotiation between Rankin and Scott. Francis provides room for negotiation considering that Alex is able and willing to offer sales to him. Francis confirms room for negotiation when he offers Alex the artifact at a price of $200. Francis has to sell the special offer set to Alex within the decided time duration. In a contract, not everything said becomes legally enforceable during representation. A contract involves puffs, opinions and representations. Puffs are exaggerations made during the negotiation face to woo the buyer or seller into accepting the set terms. These do not become part of the contract. However, in the case of Francis, he becomes liable as he offered an opinion to Alex on the purchase conditions. The representation of the contract clearly states that Alex could purchase the artifact at $200 up to 10 am he next day. This means that any offer for the artifact before 10 am was to be rejected by Francis. He however sells tit at 9:30 am regardless of the message left by Alex. The representation is a statement of fact and in the case; it remained a fact that Alex was the rightful buyer of the artifact up to 10 am the following day. Francis has to sell the special offer to Alex within the duration, as the terms presented in the contract are important. The importance of terms in a contract classifies using conditions and warranties (Brancazio 2004; Lambiris 2012). A breach of a condition by Francis gives Alex an upper hand to sue for damages. Francis breached the conditions set by selling the artifact to Samantha after giving Alex the offer. Conditions refer to the terms set during the contract period. Failure to perform the set conditions fivers the aggrieved party authority to terminate the contract. Francis should have waited until the agreed time expired before selling the artifact to another person. He did not have the right to terminate the contract they had with Alex and give it to Samantha. A contract may follow agreed terms or go by terms set by the law. Francis owes the sell to Alex as he agreed to the terms by discussion. Expressing terms occur when negotiating for the contract. Conclusion The contract between Francis and Alex depends on the period allowed for the purchase. In the contract between Francis and Alex, the expression of terms was done orally. It was agreed on through a discussion and a notice provided for the sale (Fishman 2011). Making a contract requires correct information displayed in a manner of understanding. One requires proper analysis of information before agreeing to the terms in the conditions. Alex has the right to purchase the artifact within the time. Francis breached the contract on conditional terms (Halbert and Ingulli 2011). Contracts that exist in periods need to exist up until the time runs out. Question (2)  Using the four-step process, discuss what terms are expressly agreed in relation to the restringing of Wendy’s racquets. In your answer, be sure to discuss whether Fred’s Racquet Restringing can rely on the exclusion clause in the contract. You will also need to determine the status of any relevant terms, including whether they are a warranty or a condition. The case involves two parties, which involve Wendy and Fred .When handling a contract, the terms of a contract are important in setting out regulations required to make a communication. The ‘term’ refers to the promise made in the conditions of the contract to be legal binding. The terms of a contract indicate the contents of the agreement. The agreement between Wendy and Fred is to have her racquets strung for the Olympics. Fred’s store indicates that they provide the best stringing services as compared to the services offered by other companies. The store however does not hold responsibility to any unsatisfactory services. Fred and Wendy make a contract based on the information placed on the online source. Fred does not breach the contract in this case as the receipt and his store gives indication of not taking responsibility. The information in the store may be illegible, but the receipt clearly indicates the same message as that in the store. Fred was to make Wendy’s racquets with the conditions indicated on the online platform. The offer was properly set with Wendy accepting without a counter offer. Wendy went home with satisfaction that her racquets would be properly set (Lambiris 2012). The company has to adhere to the report given by the team and ensure that the employees who travel to the company adhere to the control measures issued by the security consultant team. In addition, the team may issue recommendations for some places as no go zone depending on the level of insecurity at the place. Ethical decision making in any company is important as it improves the execution of services in different settings. It is difficult to set ethical decisions especially if it conflicts with religion. The Immigration law rules conflicting with the modern society rules becomes difficult to handle considering the continued argument on whether to go by the Immigration law or the company's rules. Making a decision that conflicts between Government and the people remains a challenge in many countries that have different cultured employees. Applying the decision making model creates an important approach in ensuring all aspects are considered before making the decision (McWhirter 2006; Lazarus 2011). The case relates well to the case of L’Estrange vs. F Graucob Ltd[1934] 2KB 294, where a ruling was made that bound L’Estrange to the contract even if she had not read the terms and conditions portrayed in the document. A receipt presented to Wendy had the writings concerning the terms and conditions of stringing the racquets. In the eyes of the judges, precedent means to make decisions through courts, which are turned into authority by cases that have been previously handled. In Australia, a judge from a lower court has to follow the decisions made by a judge in a higher court in Australia due to the rankings. The law in Australia applies in situations where a decisive rile exists. As opposed to the proceedings in England and Wales, the ruling of the higher court remains responsible to set the rules of the proceedings. For instance, the case between Wendy and Fred clearly puts Fred out of conviction, but a higher court ruling in favor of Wendy makes it difficult for Fred to appeal in a lower ranking court. As a rule, the cases in precedent are only specified when handling a principle of the same case (McWhirter 2006). The courts are allowed to interpret such laws so as a state governed is employed with little time. Through law is made by the legislature. It is at the court level that some of the issues are realized. The immigration law applies the form of statutes documented in line with the constitution of Australia to realize the required important aspect. Misunderstandings may occur in a company because of many people moving from one company to another. Political is the main reason that brings people to move from one place to another. Through specific jurisdiction, different scenarios are interpreted differently, with different interpretation of acts (Trager, Russomanno and Ross 2011). Business law may not be the same in many countries, but it may cause clashes in different legal systems. The courts depend on the generalized rules of interpreting legislation (Lambiris 2012). Forming a contract requires an offer. An offer refers to the willingness to abide by conditions provided by the contract. Fred offered a product for sale and Wendy was willing to take up the offer, given the terms that Fred provided. Both Fred and Wendy are bound to the contract given the conditions in the receipt and in the building apply. The other element of the contract evident in the case is acceptance. Acceptance refers to the unconditional agreement to the provided terms whether in oral or written. Wendy accepted through a written document, which is a receipt to the terms and conditions of the purchase. The acceptance should reflect the conditions of the original made offer. Communication was involved and Fred accepted to provide Wendy with the required services. Wendy relied on the information on the site as an assurance of perfection (Plans n.d.). It is important to realize the terms set to understand that a contract existed between Fred and Wendy. The first important term of recognition is to agree that Fred created an enforceable contract. The promise in the contract involves allowing Wendy to bring his racquets to the store for structuring. The freedom of the contract involves a free negotiation by parties regarding the agreed terms. Wendy negotiated without interference and at her own will. Wendy and Fred both negotiated at an equal strength hence the contract was valid. The contract has no limitations to the freedom, as illegal undertaking did not take place. Proving the terms of a contract comes with two possibilities, either orally or written. Fred agreed to provide the services with a written document. Wendy has the right to the services given the terms and conditions (Trager, Russomanno and Ross 2011). Conclusion In contract making, information displayed on the receipts and in the stores needs to be analyzed before making a purchase. This helps both the buyer and the seller to secure purchase of the given product. In this case, there is a breach of performance as Fred promised his customers for services not provided. He did not offer Wendy the services provided on the online platform. He contradicts himself through the information outlaid in on the site and on the receipts. When agreeing to a contract, it is important to analyze all the terms and conditions. The information on the receipts placed Fred at no risk of facing a suit by Wendy as he informs his clients of what to expect (Kotze 2009). References Answers. Criminal Law of the United States. July 19, 2011. http://www.answers.com/topic/criminal-law-of-the-united-states#Necessity (accessed July 19, 2011). Arias, Martha L. INTERNET LAW - Personal Jurisdiction and Interactive v. Passive Websites. September 16, 2010. http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=2370 (accessed November 25, 2011). Brakel, Rosamunde Van, and Paul De Hert. Policing Surveillance and Law in a pre-crime society: Understanding the consequences of technology based strategies. 2009. http://www.vub.ac.be/LSTS/pub/Dehert/378.pdf. Brancazio, Lawrence. "Lexical Influences in Audiovisual Speech Perception." Journal of Experimental Psychology, 2004: 1-19. Fishman, Stephen. Working for Yourself:Law & Taxes for Independent Contractors, Freelancers & Consultants. Berkeley, California: Nolo, 2011. Halbert, Terry, and Elaine Ingulli. Law & Ethics in the Business Environment. New York: Cengage Learning, 2011. Kotze, A. Paterson. The role of the judiciary in environmental governance:comparative perspectives. Alphen aan den Rijn: Kluwer Law International, 2009. Lambiris, Michael. First Principles of Business Law. Melbourne: Australian Law Courseware, 2012. Lazarus, L. The Right to Security and Examining Critical Perspectives on Human Rights . London: Cambridge University Press, 2011. McWhirter, Robert James. The criminal lawyer's guide to immigration law: questions and answers. New York: American Bar Association, 2006. Plans, Business. Strategy_and_implementation_summary. http://www.bplans.com/law_firm_business_plan/strategy_and_implementation_summary _fc.php (accessed Feb 21, 2012). Trager, Robert, Joseph Russomanno, and Susan Dente Ross. The Law of Journalism and Mass Communication, 3rd Edition. Chicago: CQ Press, 2011. Cases L’Estrange V F Graucob Ltd [1934] 2KB 294 Rankin v Scott Fell and co (1904) 2 CLR 164 Read More