Contact Us
Sign In / Sign Up for FREE
Go to advanced search...
Nobody downloaded yet

Contract Law - Case Study Example

Comments (0) Cite this document
This paper "Contract Law" discusses basic requirements for establishing a legally enforceable contract; namely offer, acceptance and consideration. Moreover, the parties entering into a contract must possess the legal capacity to do so and it can be surmised from the available facts…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER99% of users find it useful
Contract Law
Read TextPreview

Extract of sample "Contract Law"

Download file to see previous pages This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the traditional view regarding the formation of a contractual agreement. In this case, Lord Denning asserted that in the process of ascertaining the presence of a binding contractual agreement, it could be contended that “there ...[was] no need to look for a strict offer and acceptance. You should look at the correspondence as a whole and at the conduct of the parties and see therefore whether the parties have come to an agreement on everything that was material6”.

However, there has been some uncertainty in this area of law as evidenced by the case of Carlill v Carbolic Smoke Ball Limited7. In this case, the defendant was the seller of a chemical, which he advertised in the Pall Mall Gazette. In this advertisement, he promised to pay £100 to anyone who contracted the flu virus, after using the smoke ball for two weeks. The defendant contended that the advertisement did not constitute an offer, and was merely an invitation to treat.

The Court of Appeal rejected this argument and held that there was a legally enforceable contract. The advertisement constituted an offer to the whole world and was capable of amounting to an offer of a unilateral contract without requiring acceptance. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(Contract Law Case Study Example | Topics and Well Written Essays - 1500 words - 4, n.d.)
Contract Law Case Study Example | Topics and Well Written Essays - 1500 words - 4.
(Contract Law Case Study Example | Topics and Well Written Essays - 1500 Words - 4)
Contract Law Case Study Example | Topics and Well Written Essays - 1500 Words - 4.
“Contract Law Case Study Example | Topics and Well Written Essays - 1500 Words - 4”.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Contract Law

...? Introduction to Law MSc in Construction Law and Dispute Resolution work Assignment 2 Table of Contents Introduction (please modify it, make it from you own wards and don’t need to have laws from UAE and Common) Rules and regulations form part of legal system within nations. There are many branches of legal system, contract law being one such branch. Contract law is one of the oldest branches of legal system. A contract is coming together of an offer made by one contracting parties to the other who accepts the same on the basis of subject matter. Contacts may be valid or invalid. Valid contracts have essential elements that include legal intentions to create the agreement, at least two parties, offer and acceptance, and consideration...
9 Pages(2250 words)Essay

Contract law

..., this paper will review course work 2 and apply contract law to legally advice Arju on the best way to solve her current legal crisis. Arguments will be given on how Arju can defend litigations presented in court and the counter arguments that Arju may encounter. This will be done with reference to cases that have been citied in contract law and the rulings arrived at in these cases (Topic 1). Discussion 1. The power washer purchased by Arju turns out to be totally unsuitable for the purpose. Arju’s position with regard to: A1. A fellow passing by customer who recommends AK 47 Water squirt as the best power washer in the market Litigation against a fellow passing by...
15 Pages(3750 words)Coursework

Contract law

20,000 to be paid in instalments related to the work completed. The plaintiff got into financial difficulties because the price was too low and he did not supervise the work properly. He had received over 80 per cent of the price but still had far more than 20 per cent of the work to do. The defendants were liable to a penalty clause in the main contract if the work was not completed on time. They were aware of the plaintiff’s difficulties and that the price was too low. They met him and agreed to pay him an extra ?10,300 at ?575 per flat to ensure that he continued with the work and completed on time. The plaintiff completed eight further flats and received a payment of ?1,500. He stopped work and sued for the money he alleged to...
7 Pages(1750 words)Essay

Contract Law

...? Contract Law Introduction A contact can be defined generally as an agreement between two or more parties that islegally abiding. The rights and obligations that are created by a contact are enforceable in the courts of law. In case one party breaches the contact, they are likely to face an action of damage. Alternatively, the court may direct the party who have bleached the contract to a performance. In most cases, a contract is usually commercial in nature and it involves sales of certain goods or services. A contact is reached when one party makes an offer and the other one accepts that offer. It is imperative to note that a deal is considered an offer only when the party making that offer shows intention of being bound...
8 Pages(2000 words)Essay

Contract law,

...Contract Law - the case of Blake and Racket Plc ID 19714 Order No. 267924 15 January 2009 Table of Contents: Introduction: Every individual that is involved in a business or support function would need to sign a contract at some stage. It is a very common phenomenon in the business world. However, not many realise what should be the true form of a contract that can make them enforceable legally. A contract is a legal binding between two parties (individuals or companies at either side) which is signed by both parties at their full consent after having a "clear" understanding of the terms set forth. The primary attributes of a contract are: (a) An offer made...
7 Pages(1750 words)Case Study

Contract Law

...Contract Law For an agreement to constitute a contract it must be supported by consideration. All simple contracts must be supported by consideration for them to be enforceable. 1 First and foremost, David Don and Sharon are entitled to Shs.20000, 20,000 and 15,000 respectively because they have fulfilled their obligations of performance. Under contract law, something must be given for the promise that has a legal value resulting either of a benefit to the promises or a detriment to the promise. And the something i.e. detriment or benefit must be bargained for in exchange for the promise. Bare promise is not binding. Consideration is the glue that cements contracts is present to enforce the contract/agreement. From the above discussion...
9 Pages(2250 words)Essay

Contract Law

...Contract Law Assignment Raffia Khan, an interior designer has a number of contractual issues for which she needs your advice. Her business has beensuffering as a result of the credit crunch so she is trying to make, and save as much money as possible. Firstly, Raffia saw an advertisement in a newspaper which read: Raffia submitted her unmarked envelope with her tender of £3000 by the time and date specified. After the closing date, she heard that Fix It Up Ltd were awarded the job at a price of £4000. A year ago Raffia lent £1000 to her friend Angelo. Last month, she asked for this money back, he told her that he could not afford the full amount but instead asked if she would accept £700 in full satisfaction of the debt. Raffia agreed...
6 Pages(1500 words)Essay

Contract Law

...Contract Law In a contract relationship, parties agree on the terms that bind them and determine their expected performance. The law of contract requires both parties to be aware of the terms of the agreement and accept willingly to be bound by those terms.1 However, sometimes common mistake occurs when both parties hold equally false belief of the facts. In a case of a common mistake in contract the most adversely affected party can seek court intervention to rescind the contract under the doctrine of mistake in equity.2 The interpretation of a common mistake poses challenges in interpretation and application of the law. In the case of Bell,3 the court ascertained that in the event of an occurrence of common mistakes that undermines...
4 Pages(1000 words)Essay

Contract law

Rules Set by Courts to Interpret Contracts There are some specific rules that courts have set to interpret written contracts in a case of dispute between the parties involved. These rules set by courts are mainly directed to decipher the language of the contract, hence, determining the intents of the parties. The common intention the parties had at the time of the contract governs or determines the court’s decision in an event of a contractual dispute (Gillies 46). That initial intention is lawful and is also ascertained. This intent is normally determined solely from the terms of the contract written down. The language of the contract is suffice to identify the mutual intent of the parties in a case where the language used is def...
2 Pages(500 words)Assignment

Contract law

... not be awarded a damage of £1000 as damages but remedied the value of the wood to be used in the house. This case is quite different from the case of Ruxley Electronics and Construction Ltd v Forsyth [1995] in which the house of appeal upheld the initial ruling of issuing damages for inconvenience and loss of amenity and not awarding the cost of rebuilding the pool. Sunburst deliberately breached the agreed full specification to make extra profit by selling the plaintiff’s wood to a different client. 2. The case is exceptional and normal remedy is inadequate in compensating the breach of contract and thus an order on the defendant to account for all profits. Sunburst had harmed the plaintiff by leading to the loss of amenity and making...
2 Pages(500 words)Case Study
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 Case Study on topic Contract Law for FREE!

Contact Us