ASPECTS OF CONTRACT AND NEGLIGENCE - Assignment Example

This paper analyzes various aspects of a contract, and to an extension the concept of negligence to perform on the contract. In the essay, several studies cases will be analyzed in order to uncover the omission of vital elements of the contract. To achieve the stated objectives, the article will evaluate each and every study case critically and state the applicable consequences of the actions or inactions of the individuals in the study case. Written contracts are the most preferred types of contracts by many common legal systems.

In most countries, all contracts pertaining tangible product sales worth more than $500 are required to be ratified in writing and the parties concerned should append their signatures. Examples of contracts that must be in writing include all land dealings, house sales, vehicles and many others. It is paramount to note that immediately someone signs a written contract provided the documents used is contractual in nature, they are legally bound by it irrespective of whether they read and understood the terms and conditions (Poole, 2014, p.86). Written contracts help parties involved understand their commitments and avoid the "he said, she said" dispute in case court prosecution is necessary.

These are contracts formed whereby parties contact or meet face to face and enter into an agreement. Such contract provides the element of identity which is very crucial in contracts and a contract can automatically be termed as void because of mistakes relating to identity, particularly if the identity is necessary. Example of cases that have been declared void because of this issue include the Phillips v Brooks and Shogun Finance Ltd v Hudson (Poole, 2014, p.96). Distance sales contracts, currently known as consumer contracts are contracts that pertain to the sale of goods without face-to-face contact.

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