Business Law between Joseph and Marshal - Essay Example

Student’s Name Institution Tutor’s Name Date Contract Law Case A contract can be defined as the set of promises that the law enforces or the agreements that create legal obligations and rights that are enforced by the courts1. There must be mutual agreement understood and entered by every party. Contracts are binding legally, and contract mistakes might lead to serious issues. The contract that is made of the objects, which are prohibited by law, is void under the case and statute law, even though incidental illegality s usually permitted because of contract enforcement2. For an agreement to have taken pace, there should be several prerequisites there is a need for the intention for it to be legally binding, there is a need for absolute consensus to terms, and the promises constituting an agreement are to be supported by something valuable. What is important about this case issue is the need to prove that there was the establishment of an offer that was finally accepted3. Also, the parties should have the intention of creating legal relations and consideration4. A binding agreement between the parties should be established to be existing between Marshall and Joseph and Edward and Joseph so that it can be easy to show that a breach of contract took place. Moreover, there was the provision of money and service towards the contract and communication via an appropriate medium where materials pricing was agreed by Joseph. Joseph read the message send by Marshall and accepted it. On the other hand, Marshall could be found to have been negligent at work, which means that he will have to take personal responsibility, which caused frustrations to Joseph. Between Joseph and Marshal, there was acceptance on the part of Joseph. There was also a consideration .When it is shown that one of the parties breached the existing contract between parties and the person who breached the contract will have to pay for damages5. Undeniably, Joseph perceived the crumbling of the wall as personal incapacity because after doing the agreed work, the walls collapsed frustrating the client. He claims that the floor flooded, subduing a portion of the room leading to the collapse of the wall because he left the room to have ventilation. He placed a tool bag at the drainage outlets which is likely the main reason the room flooded Moreover, Joseph was negligent for purchasing materials without properly inspecting them or looking for a proper description of the materials to be supplied. The email had no enough information about the materials the supplier was going to supply nor did they two parties use a proper method in materials selection. As such, there exists high probability that Marshall supplied undesired materials leading to collapse of the wall. It also seems that the buyer also never read the disclaimer or ignored that precaution that the provider does not accept responsibilities in the workmanship. Marshall used the disclaimer at the bottom of email and such might show that the supplier is aware of his poor words and evades the responsibility of has actions. He simply does not want any legal obligation as result of his mistakes knowing that he will claim that he provided a disclaimer to the client. As a result, Marsha is not a trustworthy party or businessman with the interest of using Joseph as means to ends as long as he gets money from his client. The parties should have duties to promote the clients duties of care, skill, and good faith to safeguard the interests of the client6. The parties should provide enough information about the materials and discharge duties with clear diligence. If the courts find out that, the materials that were supplied by Marshall were of low quality, Marshall will be liable for breaching the contract, and as such, he will have to pay the client, Joseph, damages. Marshal, as a binding party, has a responsibility to guard the interests of the client. Even though he provided a disclaimer that he does not accept responsibility for poor workmanship, the courts may establish that he made errors frustrating the client whose interests were not properly guarded7. It is common knowledge that the client, Joseph was expecting to see high quality work with his house fixed well to his satisfaction, but Marshall did the exact opposite of the expectation. Edward made an offer where the price was agreed upon. Edward tried to do the work and had an intention to make the message binding as he communicated to Joseph in writing. This means that Joseph will not have to decline offering the job of fixing the tiles since the two have already agreed. It was unfortunate that Edward sent an email, which did not reach Joseph in town because of bad whether condition, that forced Joseph to take Marshall’s offer. Edward cannot claim that Joseph failed to communicate in advance before Marshall started the work. The agreement most likely became legally binding at the time when Joseph agreed to the offer, called and told Edward to commence with the repairing the work in the house. Edward will be forced to continue with the construction as agreed despite the fact that Marshall wants to continue with his work. Marshall has even agreed to work at a reduced price as long as he is allowed to complete what he started and correct his mistakes. Joseph is going to be at crossroads of how he should end the contract between him and Marshall and allow the contract between him and Edward. There were communication and acceptance, which is necessary for an offer. The offer took place, which was brought to the offerer’s attention8. The court may establish that there was an agreement between Joseph and Edward where Joseph was to repair the house and correct the work that was done poorly by Marshal. Edward should be at liberty to continue with his contract. Joseph accepted the offer of 40 dollars for materials supplied which means that a contract is written and that he has to honour it. On the other hand, because Marshall saw an advertisement in the local news, made an offer for his materials, and decided to undertake a duty of contacting Joseph who had an option to agree or disagree. It seems that the agreement is not legally binding and may not be seen as an offer9. It can be seen as an invitation to treat where the purchaser mode an offer and owner accepted it. A s discussed, an offer is normally willingness of expression to contract in particular terms made with reasons to establish a binding contract10. An offer usually intends to legally make an agreement binding. Acceptance takes place when both parties accept it. Marshal and Joseph had an offer because acceptance occurred and there was a willingness to have an agreement that is binding. In sum, the current economic climate makes it possible for the parties in an agreement to experience problems in the new orders financing, making binding contract to be a significant tool to protect the purchaser and the interests of the lender. Therefore, it is significant to make sure that refund a contract is going to provide enough protection and most importantly, that the guarantee will be enforceable. In this case, negotiation is needed in relation to the question of whether damages will be necessary when the court or arbitrator has decided that one of the parties must be liable for damages. The parties may refer the negotiation process because the arbitration or legal proceedings may be lengthy and they will require reimbursement as quickly as possible. Bibliography ‘Australian Contract Law | Julie Clarke' (Australiancontractlaw.com, 2017) accessed 5 March 2017 Doris M, 'Promising Options, Dead Ends And The Reform Of Australian Contract Law' (2013) 34 Legal Studies Echeverry Botero D, 'Contract Interpretation Law In Australia: It Is A Maze, Not A Straight Way' (2015) 2 IUSTA Eugene Clark and others, Contract Law In Australia (1st edn, Kluwer Law International 2013). Gibson A and Fraser D, Business Law (1st edn, Thomson Reuters 2010) Karton J, The Culture Of International Arbitration And The Evolution Of Contract Law (1st edn, Oxford University press 2013) Read More