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

Law of Contract - Case Study Example

Comments (0) Cite this document
In the paper “Law of Contract” the author considers whether the advertisement placed by Adam in the local newspaper is an offer or invitation to treat. An offer is a promise to be specifically bound, and it should be capable of acceptance. It specifies the terms of the contract…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93% of users find it useful
Law of Contract
Read TextPreview

Extract of sample "Law of Contract"

Download file to see previous pages For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts with Carl, Bradley or Diana for assessing his liabilities.

The communications between Carl and Adam commenced with Adam’s text message to Carl on the 5th, wherein he offered to sell his car for £ 1800. This constitutes an offer. Carl conveyed his acceptance of this offer to Adam, by means of a text message. This was on the 6th. However, Adam had failed to see this message, as he had misplaced his phone. The acceptance by Carl was not concluded, because it did not reach Adam, the offeror. In cases of instantaneous communications, the courts had ruled that acceptance was established only when the acceptance message had been received by the offeror.

Acceptance of an offer by instantaneous communication was completed, only on being heard or received by the offeror (Christou, 2005, 212). It has been held that acceptance by telephonic messages is complete, only when the offeror hears such acceptance (Werner, 2001, 6). This was discussed in Domb and another v Isoz (Domb and Another v Isoz, 1980). ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(Law of Contract Case Study Example | Topics and Well Written Essays - 1500 words, n.d.)
Law of Contract Case Study Example | Topics and Well Written Essays - 1500 words.
(Law of Contract Case Study Example | Topics and Well Written Essays - 1500 Words)
Law of Contract Case Study Example | Topics and Well Written Essays - 1500 Words.
“Law of Contract Case Study Example | Topics and Well Written Essays - 1500 Words”.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Law Of Contract

...Law Of Contract Introduction A contract is an agreement between two parties in which each party exchanges consideration in return for consideration from the other party1. Since Australian Law is in sync with English Law, a contract can only be valid if each of the two party gives a thing of value and also receives a thing of value through the agreement2. Terms Basically, a contract begins with an offer by one party to deliver a consideration to another party. When the offer is accepted and there is a consensus, a contract is established. The consensus of a contract is based on the terms of the offer and acceptance of the consideration3. This, therefore, means that a contract is discharged with the terms being the reference point and guide...
8 Pages(2000 words)Essay

Law of contract

... a) Under the English Law, a contract is an agreement which actually gives rise to certain rights and obligations when two parties enter into an agreement or a contract. It is critical to note that a written deed is often required in order to make an agreement however; it is not a strict requirement under the law as the verbal agreements can also become contracts under the law. (Stone). It is also important to note that there are certain requirements under which a contract can be enforceable at law. Three most important conditions under which the overall legality of a contract is judged are: 1. Offer 2. Acceptance 3. Consideration Considering the above three essential conditions, Natalie has made an offer to purchase the 40 boxes...
4 Pages(1000 words)Essay

Law of Contract II

...?Law of Contract The Complete Builders Ltd (CBL) forms three independent contracts with MacroHard Computers (MC), Ricky and George. Ricky Introduction This problem deals with a claim for breach of contract, and the legal principles dealing with a claim for breach of contract and in particular relating to misrepresentation. Issues In order to advise Ricky regarding his rights against the CBL company, the issues to be addressed are; Whether the statements made by Lawretta, during negotiations, constitute misrepresentation under the provisions of the contract law. Whether there is a breach of contract by CBL, under the provisions of contract law. Whether CBL can claim for breach of contract against Ricky for non – payment of money...
8 Pages(2000 words)Essay

The Law of Contract

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 agre...
3 Pages(750 words)Assignment

Law of Contract

...? Law of contract al Affiliation: Introduction A contract refers to an agreement that has a lawful object entered into through voluntary means by a party or more than two for that matter. In this case, the parties involve usually intend to create some legal requirements between them. In a contract there are normally four elements which are: Offer: This is an expression by the individual giving the offer, showing the will to abide by the set terms and conditions, with the objective that if the offer is acknowledged he or she will be bound to the contract. Acceptance: This refers to an expression of unconditional agreement that all the terms and conditions in the offer will be adhered to. The acceptance in this case can either be written...
10 Pages(2500 words)Essay

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

Law of Contract

...In the case between Vanessa and Arnold, Vanessa entered into a contract of sale with Arnold to buy “Fitness Fortress” (hereinafter ‘FF a leisure centre, which Arnold described in an advertisement as “Probably the best fitness emporium in London”. During the course of their negotiations, however, Arnold failed to disclose certain facts regarding the conditions of FF’s facilities. First, when telephoned by Vanessa, he neglected to mention that out of the 100 rowing machines in FF, 20 of them require urgent repairs. Second, when examined by Joanne, Vanessa’s business advisor and representative, Arnold hid the fact that the wood panelling in FF’s sauna facilities are rough, unpleasant to the touch, and require repairs, such that without...
6 Pages(1500 words)Essay

The Law of Contract

...posal.” Acceptance: [Section 2(b)] “When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted.” Agreement: [Section 2(e)] “Every promise or every set of promises forming the consideration for each other.” Consideration: [Section 2(d)] “When at the desire of the promisor, the promise or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or abstain from doing something, such an act or abstinence or promise is called a consideration for the promise.” Consideration is also one of the essential elements in a contract. And it should be lawful, and should be according to the principle of morality. The Law of Contract defines...
9 Pages(2250 words)Case Study

The Law of Contract

A contract which has a written preliminary contractual instrument and which is able to authorize a specified contractor and can begin manufacturing supplies and in performing some specific services is called a letter contract. It could be used in circumstances where the interests of a government demand that the contractor is given a binding level of commitment and contractor are able to start working instantly and are able to negotiate a contract in the specified time.
Performance-based contracts are not literally contracts but a specific acquisition method where requirements can be described by a performance work statement or a certain statement of objectives. Performance-based contracts are made to ensure that contractors ar...
6 Pages(1500 words)Term Paper

English Law of Contract

..., a discretionary power can be administered by the court to award the Government a compensation for damages. (legalmax. 2000)   References Legalmax. (2000).Government of Zanzibar v British Aerospace (Lancaster House) Limited. Web England and Wales High Court Decisions. (2000).England and Wales High Court (Commercial Court) Decisions. Web Weitzenboeck, Emily. (2012). English Law of Contract: Misrepresentation. Norwegian Research Center for Computers & Law. Web...
2 Pages(500 words)Essay

Law of Contract

...eeping this rational in mind in this context it can also be said that Rupert’s promise to –pay the amount to the construction company, if he be sued for non fulfillment of his contractual obligations, will be taken into account and not the situations that actually led him to such condition. The construction company, on the other hand fulfilled their promise to finish the work within 12th June, as requested by Rupert by employing additional number of workers. Thus, according to legal jurisprudence it is also Rupert’s responsibility to fulfill legal obligations on his part. According to the definition of contract, “A contract is a legally enforceable agreement giving rise to obligations for the parties involved. The law of Contract...
7 Pages(1750 words)Assignment

Law of Contract Assessment

...Law of Contracts Assessment There are two cases referred for advice in respect of two separate contracts. Case 1: SkyReach Ltd. v Holger Brief facts of the case Holger is an owner of a brown-field plot of land and held onto it as an investment. Holger and SkyReach have entered into a contract for the sale of the plot. Consequently, SkyReach apply for planning permission to build a block of offices on the site. This is rejected, and SkyReach are informed by the local planning department that the use of the plot is restricted to ‘educational purposes’ only.  Validity of the contract In this contract there is legal obligation on both the parties through an offer and acceptance with the free consent of the parties. The competency...
10 Pages(2500 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 Law of Contract for FREE!

Contact Us