Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Contract Law. Questions and Answers - Essay Example

Comments (0) Cite this document
In contract law, the term "mistake" is applied specifically to situations where the parties' beliefs about the world are incorrect at the time of contracting. The effects of operative mistake in contracts are various. For a mistake to affect the validity of a contract it must be an "operative mistake", i.e., a mistake which operates to make the contract void…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.6% of users find it useful
Contract Law. Questions and Answers
Read TextPreview

Extract of sample "Contract Law. Questions and Answers"

Download file to see previous pages In such case the contract is void whether it is the non-existent subject matter of the agreement ( Res Extincta) or it is regarding the contract of purchase of own property(Res Sua) . The case of unilateral mistake is where only one party is mistaken. This can be by mistake as to the terms of the contract and also by the mistake as to the identity in which the first party thinks of the third party as the second party.
Where the parties are inter prae sentes (face to face) there is a presumption that the mistaken party intends to deal with the other person who is physically present and identifiable by sight and sound, irrespective of the identity which one or other may assume. In the case of mutual mistakes where the parties misunderstand each other's intentions and are at cross purposes and if the transaction is totally ambiguous so that it can be assumed that there will be no consensus ad idem (agreement as to the same thing) and the contract will be void: Moreover mistake related to documents also leads the contract voidable.
If writing contracts were costless, the parties would specify which of their beliefs were crucial to the agreement and condition performance of those beliefs, just as they would avoid all ambiguity in defining performance by including all details that might be relevant (1)
Since re

Since reading and writing contracts is costly, courts sometimes fill gaps in incomplete contracts by supplying the omitted terms, asking what the parties would have specified ex ante had the contract writing been costless. When beliefs are mistaken, the court might follow a similar rule, not by adding omitted terms (since the contract is unambiguous), but by modifying the contract to express the true intentions of the parties.
or, the court could reform the contractual obligations by voiding the contract, leaving the reconstructing to the parties involved. Reforming or voiding contracts, however, goes beyond the gap-filling function in which courts customarily engage; it is an almost paternalistic change in the contract's express terms.
In the same manner, the Court always tries to make distinction between incorrect belief and mistake to empty the concept of the mistake from its original meaning. In the opinion of the Court mutual mistake will be used to announce a decision not to enforce the promis ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Contract Law. Questions and Answers Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Contract Law. Questions and Answers Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from
(Contract Law. Questions and Answers Essay Example | Topics and Well Written Essays - 1000 Words)
Contract Law. Questions and Answers Essay Example | Topics and Well Written Essays - 1000 Words.
“Contract Law. Questions and Answers Essay Example | Topics and Well Written Essays - 1000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Contract Law. Questions and Answers

Answers to 6 questions

Majority of the business oriented network sites have the profile of its members optimized for search engines and this has several benefits for the social network members. The member has the ability to control the business profile including the listing that will appear on the search engine results of the company. A business with a link is able to benefit from the authority especially if the business oriented social network has Google or any other search engine. On the contrary, enterprise social networks mainly focus on the various social networks for businesses and individuals that have the same business interests. An ESN is enterprise social software and in most circumstances regarded as an Enterprise 2.0 component used by vario...
6 Pages(1500 words)Essay

Contract Law Questions

...1 LAW Q2 The English common law system is unique because it is not codified. Instead, it relies on the principle of stare decisis. This means that courts base their decisions mainly on principles announced in former decisions termed case law. The Parliament though is given the power to amend or repeal such common laws and statute laws or Acts of Parliament and statutory instruments have recently become important legislations. Thus, I would tell my French friend that the codified French legal system is different from the English legal system which is a common law system relying on case law or the ratio decidendi of past cases and statutory laws (Owens 2001,p.3). a) A contract is a meeting of minds between two or more parties...
16 Pages(4000 words)Assignment

Computer Questions Short Answers

...Answer Each Question with Short Answers Of 2 to 3 Sentences 01- What is/are the difference(s) between a formulaic and algorithmic problem ANS: Algorithmic problem is step-by-step problem solving procedure that is completed in a finite number of steps and formulaic problem is set of symbols used in any procedure or algorithmic problems. 02- What are the advantage(s) of network computers as compared to 'ordinary' microcomputers for organizations with large numbers of desktop computers ANS: 1. Network Computers are centralized systems in which multiple computers are connected with one Server and all other systems are clients only server needs to store data. 2. If one system break down that other systems work don't stop their work...
3 Pages(750 words)Assignment

Contract Law Questions

...Contract Law Questions Privity of Contract: Ans The Doctrine of privity of Contract is based upon the original laissez faire principles that underlies contractual theory and prevents a third party from seeking relief for damages under a Contract unless he/she is a party to the original contract. However, the principle of equitable estoppel prevents a person from adopting in Court a position that is contrary to an original position that may have been relied upon by another party. In the case of Grundt v Great Boulder Proprietary Gold Mines Ltd,1 Dixon J clarified that the protection that was sought to be given by the doctrine of equitable estoppel was concerned with the detriment that would occur through an alteration in the original...
16 Pages(4000 words)Essay

Contract law questions

... Contract Law: Sample questions and case analysis 28.01 Contract Law: Sample questions and case analysis The concept of Offer According to Bhana, Nortje and Bonthuys (2009:56), offer refers to exclusive willingness of one party to contract for a given item of good or service. It is made by an offeror with prime intention that if such offer is accepted by a second party in accordance to the prescribed terms, it shall be binding. Thus, offer presents and implied intention to create legal relations as observed by Burnham (2011:117). Upon acceptance the two parties are legally bound by the terms thereto and as such, the contract shall have been affected (Scott & Kraus, 2007:83). For instance, if a passenger goes to a bus terminus where...
7 Pages(1750 words)Admission/Application Essay

Questions answers

... Questions and Answers Question They all emphasize, on the need for architecture, to portray beauty. Wotton refersto it as “delight’ Schinkel urges the use of architecture to make something beautiful, Sullivan contends that form must always follow function, while Vitruvius plumps for work that is in a good state, pleasing, and symmetrical. Saint Exupery shares these values as he compares an architect to a poet, who corrects his poem after writing it until it is beautiful. Question # 2 Their ideas are still relevant to date and continue to shape architecture. Architectural efforts, calculations, and computations are all meant to culminate in producing structures whose principle is to achieve simplicity and beauty. However, Saint Exupery’s...
1 Pages(250 words)Essay

3 questions need answers

... Lecturer: Question Rock n Roll is a genre of music that developed during early 1940s and late 1950s by combining African-American genres. The musical styles that developed this genre are; rhythm and blues (RnB), jazz, gospel, western swing, country, boogie woogie and traditional folk music. RnB is a musical style that developed from and incorporates electric blues as well as gospel and soul music. Jazz music is an Afro-American music style that incorporates blue notes, improvisation, polyrhythms syncopation and swung notes. Western swing is a typically American music that uses double drum and brass as anchor that acts as lead section of brass instruments (Edmondson 991). Musical examples combining these are; Tossin and Turnin (Bobby Lewis...
1 Pages(250 words)Coursework

Questions and answers

This time the Americans won the battle. On May 1945, the US dropped an atomic bomb at Hiroshima which claimed 78000 lives. The second atomic bomb which took place at Nagasaki led to Japanese to seek for peace.
1. Braceros program is series of diplomatic agreements and laws which were in introduced in August 1942 by an interchange of notes among diplomats from Mexico and United States, with the agenda of introducing temporal contract laborers from United States and Mexico.
2. Manhattan project it was the first atomic bomb research and development project that was done during the Second World War. United States was the leader in these research and development project though with assistance from Canada and United Kingdom. The...
3 Pages(750 words)Assignment


... Gender and Sexual Studies The portrayal of African-Americans on the crime dramas is stereotypical. Continuum is a crimedrama that consists of action, science fiction, and procedural drama. The two African- Americans on the cast play the roles of the villain. Roger Cross and Omari Newton play the characters of Travis Verta and Lucas Ingram in the drama. Travis is physically strong, aggressive, and violent. Meanwhile, Lucas is the genius. However, both play to the stereotype that African-Americans are more likely to commit acts of violence, rebellion, and terrorism without considering the consequence of their actions on other people. The African Americans in the film are not differentiated from Asian characters as Sonya Valentine... Gender and ...
2 Pages(500 words)Assignment

Questions & answers

A Day in the Life: Dr. G. Alan Yeasted Affiliation: What do you feel the most important role the Chief Medical Officer (CMO) has in the organization?
The most important role of the CMO is quality assurance of the hospital in all the departments as well as among the staff. All the meetings the CMO undertakes with each department are all meant at ensuring that the qualities of services being provided in the hospital are top notch (Kassel, 2015).
According to Dr. Yeasted, what was his most important focus?
The most important focus of the CMO is that the hospital becomes sustainable in terms of the services it offers, the doctors and other staff it hires among other aspects. It is for this reason that he takes time to go ro...
2 Pages(500 words)Assignment

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Contract Law

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 tradition...
6 Pages(1500 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework

Meaning and Characteristics of Contract

Even as it is almost certainly not viable to give one total and generally correct definition of a contract, the most normally admitted definition is: 'a promise or set of promises which the law will enforce' (Pollock Principles of Contract (13th Edn) 1). The key considerations for the enforcement of a contract against a promisor are economic meaning the economic obligation of gripping the adherence of bargains and moral meaning moral reason that the guarantee was freely given.

According to the present law of contract, claim for money is either for ‘payment of an agreed sum’, or for damages for breach of contract. In the 19th century, these two ideas made the common law to sanction full freedom and purity of...
6 Pages(1500 words)Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages(2000 words)Case Study

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages(1500 words)Assignment

Law of Contract

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...
6 Pages(1500 words)Case Study

Internatioanl Construction Contract Consultants

A contractor’s privilege to avail of an extension of time due to concurrent delays can be found in (Henery Boot vs Malmaison. In this case, Mr. Justice Dyson in 1999 cited an illustration in a worksite where standstill of work was caused due to labor shortages, which was not a relevant event especially during phases of extraordinarily inclement weather, which was a relevant event. If during that period, if there is a disruption of work, which might have resulted in the delay of completion of the contract by a fortnight, then, if an architect thinks it reasonable and fair to do so, then he must sanction an extension of time in spite of contractor’s labor issues.

If inclement weather and short-supply of labor...
13 Pages(3250 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 Essay on topic Contract Law. Questions and Answers for FREE!

Contact Us