Nobody downloaded yet

The Law of Contract - Assignment Example

Comments (1) Cite this document
In the paper “The Law of Contract” the issue in respect of this question requires an analysis of the situation when the courts have found legal contracts to be unenforceable on the basis of public policy. The first element that needs to be discussed is that of intention to create legal relations…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.1% of users find it useful
The Law of Contract
Read TextPreview

Extract of sample "The Law of Contract"

Download file to see previous pages A classic example was the case of Balfour v. Balfour whereby Mr. Balfour by the use of contract like terms agreed to give his wife £30 a month which was to act as her maintenance for the time he resided in Sri Lanka. After his departure, he stopped the payment and as a result action was brought by Mrs. Balfour so as to recover the payments. The Court of Appeal found that there was no enforceable agreement that was existent on the basis of the evidence available so as to show the intention to be legally bound. Another case which is cited along this case is that of Merritt v. Merritt wherein the courts distinguished the aforementioned case on the basis that the couple in this case even though married again, had formed the agreement at the time when they were estranged and thus the agreement was said to have been formed with the intention to create legal relations.
The principles of public policy whereby a contract can be invalidated that are depriving a party the right to sue in the contract and the other of raising illegality as a defense can be seen in these broadheads of public policy:
Contracts which involve or tend to promote sexual immorality (Pearce v. Brooks); contracts which concern matrimony and are deemed to be unacceptable; agreement which include servitude; there can be contracts which allow dealing or transacting with the enemy or to cheat public authorities; contracts which would lead to creation of corruption in public offices; contracts which would create hindrances to course of justice; and ousting jurisdiction agreements. Another important element that needs to be discussed is the illegality that lies in respect of restraint of trade clauses. These led to the contract being held unenforceable. The criteria that have been laid down so as to allow such a contract to be held legal and valid is that there must be the legitimate interest of the covenantee which could include protection of trade secrets. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Business Law Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from
(Business Law Essay Example | Topics and Well Written Essays - 750 Words)
“Business Law Essay Example | Topics and Well Written Essays - 750 Words”, n.d.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
elna14 added comment 3 months ago
Student rated this paper as
I had an issue with a assignment types of works. All until I came across this website and this particular paper. Even though "The Law of Contract" is far from my interests, the structure is so great that I use it all the time as an example for my own works.


Business Law - the law of contract

...Business Law James notices a gold watch with a price tag of 25 in a shop window of a store. When he walked into the store, he was attended by Elizabeth, the store person when he offered to make payment for the gold watch. Elizabeth came back shortly and announced to James that they would not sell the gold watch at 25 for they had made a mistake with the price. Elizabeth explained to James that the correct price for the watch was supposed to be 250 and not 25 as indicated by the price tag. This issue concerns invitation to treat under the law of contract. Marked prices of goods displayed in shop windows or catalogue mentioning prices of goods do not, as a rule constitute an offer as to compel the store person to sell those goods... , any...
6 Pages(1500 words)Case Study

The Law of Contract

...GENERAL PRINCIPLES OF LAW/ THE LAW OF CONTRACT (A) "The courts are not easily convinced that a given change of circumstances is of sufficient gravity to frustrate a contract". Discuss. Frustration of contract can be defined as a prevention from continuation of a contract when the employee who is employed under the contract becomes unable to perform the work for which he was employed due to reasons beyond control by both parties (employer and employee). When the employee is no longer able to engage in any further employment and that makes it impossible for a contract to be performed further, the said contract of employment is said to be frustrated and comes to an end. The doctrine... ...
11 Pages(2750 words)Essay

The Law of Contract Assignment Strathford East Kilbride Ltd v. HLM Design Ltd, wherein third parties were permitted to sue for damages7. Bibliography. Atiyah, PS, 'An Introduction to the Law of Contract', 1995, Clarendon Beale, HG, Bishop, WD and Furmston, MP, 'Contract - Cases and Materials', 1995, Butterworths' Collins, H, 'The Law of Contract', 1993, Butterworths Downes, TA, 'Textbook on Contract', 5th edition, 1997, Blackstone Huntley, JAK, 'Casebook on Contract', 1995, Green & Son Koffman, L, and Macdonald, E, 'The Law of Contract', 1995, Tolley Lawson, R, 'Exclusion Clauses', 4th edition, 1995,...
3 Pages(750 words)Essay

The Law of Contract

...129055 The problem between Jim and BGC is connected with The Law of Contract. Contracts are made by all of us, almost every day1. In some form or other, we are entering into contracts with people known to us, and mostly with unknown and unseen people. When we read newspapers, get attracted to advertisements, buy those goods, do shopping, or buy an insurance policy, all the while we are creating contracts according to our needs, whether we are aware of it, or not. Contracts are of various kinds. They vary according to the terms of offering and acceptance. Some of the terms are explicit and some of them are merely suggested or implied....
11 Pages(2750 words)Case Study

The law of contract very clear in expression and language so that it doesn't raise any ambiguity later on. (e) The term should not contradict any of the express terms incorporated in the Contract. 3. Explain the difference between an exclusion clause and limitation clause. Ans. According to Law of Contract exclusion clause in the body of the contract between two parties will be a term incorporated in the contractual text to lessen and restrict the liability of one or the other party to the contract. Whereas, the Limitation Clause instead of excluding liability of a party to a contract tends to limit the liability as the name suggests. An Exclusion...
4 Pages(1000 words)Essay

General Principles of Law. The Law of Contract

...of the of the Lecturer: of the General Principles of Law. The Law of Contract. The rules of contract law could be so designed that it brings about rectifactory justice, distributive justice or both. In general both these types of justice cannot be obtained in the same case. The primary basis for legal enforcement is reliance since; the other credible bases are not that strong to be enforced. Further, protection of mere expectation of promises is not a strong basis and is merely an insignificant harm, which is undeserving of legal protection (Mather). This reliance is detrimental if their costs exceed their benefits. Though mistakes cause disappointment,...
6 Pages(1500 words)Essay


...Topic: General Principles of Law/ The Law Of Contract Introduction: This paper seeks to analyse and discuss the legal implications of disclaimer in contracts. How do these disclaimers affect the right of the parties to a contract? Will the court apply the disclaimer as part of the contract? Do disclaimers protect the parties making them? These and other questions will be answered in the process of applying of analysing the given cases in relation to applicable law on the matter. To see however the connection between the facts and the applicable law or principle of law, the case facts are...
6 Pages(1500 words)Essay

The Law of Contract

...The Law of Contract Part One In respect of Maggie’s rights, Vis –a – Vis English Rail, it has to be ascertained whether English Rail can rely on exemption clauses to evade liability for the damage caused to her. For an exemption clause to be valid it has to be incorporated in the contractual agreement; it should unambiguously cover the liability; reasonable notice should have been provided1; and it should not be prohibited by statute or other legislation, such as the UTCCR and UCTA2. Maggie was unable to obtain a ticket from the ticket machine, as it was not functioning. A notice had been placed near the machine, which stated that English Rail was in no way liable for any damage caused to passengers....
6 Pages(1500 words)Essay

The Law of Contract

...Please thoroughly explain the parol evidence rule. What are its benefits and what are the reasons behind the rule? The parol evidence rule is a substantive common law classified under contract cases. The purpose of this rule is to bar a person who has made a written contract from availing evidence from outside, which disagrees with the written conditions of the contract that seems to be complete. The rationale behind this rule is that, provided that the parties involved in the contract have reduced their contract to a single and ultimate writing, the evidence from outside originating from precedent contracts or...
3 Pages(750 words)Coursework

The Law of Contract

...The Law of Contract Introduction There are essentially two legal issues in the law of contract arising out of Bianca’s business associations with Janus Jewelers and Darling Waters Shopping Centre. The question for consideration in respect of the agreement for repairs and cleaning of the article of jeweler between Bianca and Janus Jewelers turns on whether or not Janus can escape liability by virtue of an exemption clause. If the exemption clause can be applied without exception Bianca will not be able to claim damages for the loss of the jewelry. The legal issue in respect of Darling Waters Shopping Centre begs the question of whether or not negotiations between Bianca and Darling Waters went beyond a mere gratuitous exchange... of...
7 Pages(1750 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Assignment on topic The Law of Contract for FREE!

Contact Us