Introduction
United Kingdom has three legal systems. English law applied in England and Wales and Northern Ireland Law applied in Northern Ireland. English law can be determines as an art, and it is described as having its own legal doctrine, distinct from civil law.
A contract is a written agreement with terms and conditions. The signing parties should observe the terms and conditions until the expiration of the contract, or end date (Business Dictionary, 2013).
The first requirement for making a contract is an offer. It is a promise by the offeror to do something and to pay the price of the offer. There are at least two parties of the contract and different types of contract. It depends of the needs of the parties.
LO 1.1, 1.2, 1.3 Impact of Different Types of Contract and Terms in Contracts
The different types of contract can be classified in different ways. The law recognizes that the legal contract must be verbal, written or mixed. In the written contract all the terms and conditions are written in it, the contract is signed by all the parties and there is an assumption of all the terms of the agreement. In the verbal agreement there is a faith of the parties involved in the contract and it will be difficult to prove in contrast of the written contract.
There are many distinctions between the different contracts:
-Deeds and simple contracts-Deeds is a contract under the seal and sometimes is similar as the ordinary contracts. The liability is based on a promise. It is a written contract. Simple contracts are ordinary contracts.
-Bilateral and unilateral contracts-In a bilateral contract the promise of one the sides is exchanged by the promises on the other side. In a unilateral contract the promise o...
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...ving in mind that the pool is empty and there is no any notice for that, Mark might bring a claim for his trunks.
Conclusion:
In every organization should have some rules. To be the business successful all the rules must be written and supervise periodically. In an organization should have a good manager with qualified and responsible employees. Each of them have to know its responsibilities and to have duty of care. In the situations mentioned above the legislation protects both the rights of owners and visitors alike. Each person has equal rights, but in the same time should respect the rights of others.
References:
1. Cooke, J. (1992) Low of Tort. 3 rd edition. Pearson Professional LTD. ISBN: 0 273 62710 4
2. Reference. Com. [Online]. Available at: http://www.reference.com/motif/society/four-elements-of-negligence, (Accessed, 17.12.2013).
“all agreements are contracts if they were made by the fee consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void”.
Contracts are legal binding agreements whether verbally or written between two or more competent people. They also can be contractual agreements between businesses for services or goods, employment, trade, or lease. Regardless of what type of contract the parties are entering there are six elements they need to follow in order to come to a successful legal understanding. Contracts are built on the fundamentals of offer and acceptance, intention to create legal relations, consideration, legal capacity, consent, and illegal and void contracts. Any contract which represents false statements, unwarranted
Agreement is a mutual understanding of two parties and willing to accept terms and conditions in order to form a legal contract (Penthony et al.2014). Agreement consists of two components; offer and acceptance. Offer is made by an offeror in an exchange for performance from another party on certain terms while acceptance is the action of accepting to the terms of the offer. An offer must follow the requirement in order to form
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
There are many types of contracts but the main are Bilateral Contracts and Unilateral Contracts. A Bilateral contract is a contract in which both party takes on an obligation, usually by promising each other something. E.g if you buy a used laptop for 700 Euros, you have entered into a bi-lateral contract with the person selling the Laptop. The seller promised that he will not sell the laptop to another person than you while you promise to pay the 700 Euros for the laptop. Here two promises have been made; the seller promise to sell and your promise to buy. While
Contractual agreement has always been viewed in terms of offer and acceptance. The universal principle to contract law has always been parties may get into an agreement in whichever way they deem fit and they are subject to certain terms as they choose. As far as legal requirements vital to their formation are binding contracts may be formed. Moreover a binding agreement may be manifested in terms of writing or in verbal form.
Unilateral – some offers are purely one sided, made without the offeror’s having any idea whether they will ever be taken up and accepted, and thereby be transformed into a contract. For example when an advertisement where a person is rewarding another one if he finds his pet (which was lost). In this case the person who is making such an offer is not sure whether this offer will be ever accepted.
A contract is an agreement which has its specified terms and conditions between two or more parties in which there is a promise to do something in return for a benefit.
Contracts are legally binding between two or more parties this is so that offeror can provide an offer this tends to be based on terms agreed by the offeree, however sometimes the offeree may not full accept the terms so they would counter-offer, once both parties have accepted the contract the terms and conditions come into effect automatically. There are three forms of acceptance these are: written, verbal and online. Written and online are safest because there is a paper trail to prove that the parties have agreed to a legally binding contract, however a verbally agreed contract needs a third party to witness the agreement however this become void if the third party cannot remember, or is no longer able to say whether or not they saw an agreement between the two parties. This report will look specifically into three contracts: Kelner v Baxter (1866), Spice Girls v Aprilia World Service BV (2000) and a contract of employment (pages 3 - 5).
The elements of a contract consist of an offer, an acceptance, a consideration and an intention to create legal relations.
An agreement cannot become a contract unless it can be enforceable by law. To be enforceable by law, a contract must contain all the essential elements of a valid contract.
Contracts and agreements have many key differences. A contract is an agreement between two parties that is legally binding. In order for a contract to be valid and have legal standing, it must have four requirements; consideration, contractual capacity, and legality. Without all four of these requirements it is not considered a contract and has no legal standing. An agreement is an understanding or some type of arrangement between two or more parties and does not need to have the four requirements that a contract must have. Most of the time, agreements are informal and not enforceable by law.
A contract is generally considered to be an exchange of promises or an agreement between parties which in due course legally binds the parties; this can be enforced by the English Law. A contract is always, referred to the basic foundations of Contract Law, which refers to promises being kept amongst two parties. It is clear that all people make contracts nowadays and do not even consider for a moment that they are forming contracts; these can be formal or informal, oral or written.
One of the last remaining strongholds of classical contract law is the notion that contracts require offer and acceptance therefore, in order for a contract to become binding, offer, acceptance, consideration and intention to create legal relations must exist. However contracts are formed in different ways for each different circumstance. (Shawn Bayern, Offer and Acceptance in Modern Contract Law: A Needles Concept, 103 Cal. L. Rev. 67, 102 (2015)
A valid contract is an agreement including promises made between two or more parties with an intention of certain legal rights and legal responsibility that are enforceable. For there to be a contract – that must contain four essential elements- offer, acceptance, intention to create legal relations and consideration.