Question no.1
The main characteristics of consumer contract:
A customer contract is an agreement between two parties a seller and a buyer , in customer contract the seller agrees to supply the buyer with goods or services which are used in person by the buyer , the buyer is considered the last user of the product or service , the customer contract usually involve finished products but they also include raw materials and services .
Features of a customer contract:
OFFER: the will to sell and go in obligation bounding due to the terms and conditions mad by him and should be legal and fair to the other party.
ACCEPTANCE: comes for the other party to whom the offer was made and all the terms and conditions are been communicated to him and he accept all of them without conditions.
CONSIDERATION: is the part where the contract terms are been
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S.12 (2)(b) this applies the right of possession for the buyer and that he has the right of possession for the product he purchased , and this term is considered as a warranty.
Question 1.c.
The section in the unfair contract terms act relating to consumer contract.
Unfair Terms
(1) any term of the contract which is not negotiated will be considered unfair, because it might arise imbalance in the contactors rights and commitments.
(2) Any term will be considered not negotiated if it was put in advance so the customer did not have the chance to understand the core of the term.
(3) in spite of the term or the aspect is been negotiated this act will apply to the rest of the contract if the evaluation of the term shows that it was made in advance type of contract.
(4) the seller will be accountable to prove that any term or condition is individauly negotiated.
-Conditional acceptance: includes new terms that are not contained in the offer (viewed as new offer that must be accepted).
Contracts are legally enforceable promises. There are two requirements for contract formation: agreement and consideration. An agreement involves a valid offer being made by an offeror to an offeree and said offer being validly accepted by the offeree and communicated to the offeror. The second requirement is consideration, meaning the two parties exchange something of legal value. Contracts serve the purpose of ensuring stability, predictability, and certainty, as well as deterring defection, in business dealings. The objective theory of contract law states that only the language of the contract should be considered in contract interpretation. This theory ignores entirely the intent of the parties. However, contract law is largely
In analyzing the various facets of these two cases, we must first look at the arrangement between Mr. Sam Stevens and the store to determine if, in fact, a legal contract was at hand. The first necessary element in a contract is the agreement. An agreement is reached when one party makes an offer, and the other party accepts. In this case, the store offered to purchase 1,000 units of Mr. Stevens’ product, his verbal assent to the store manager constitutes an acceptance of said offer.
1. Because the additional terms become part of the contract,In the battle of the forms, all additional terms become part of the contract unless they are promptly objected to, are material changes or are banned by the offer. Katie sent Phil a text asking him to pick up and deliver her new boots. Phil agreed but only if Katie agreed to go out on a date with him and Katie refused. These additional terms (the date) did not become part of the agreement because Katie refused Phil’s advancement.
Both party must give consideration. In unilateral contract, the offeror’s promise must be exchanged with the offeree’s performance.
1.1 ASSETS PURCHASED. Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller, on the terms and conditions set forth in this Agreement the following assets ("Assets"):
D'Amore, Frank. July 2005. The Art of Negotiation A Package. Corporate Legal Times, pp.64-65. Retrieved October 15, 2005 from EBSCO host.
(b) the other party does make the contract in the course of a business; and
The English contract Offer and Acceptance General principles There are three basic essentials to the creation of a contract which will be recognised and enforced by the courts. These are: contractual intention, agreement and consideration. The Definition of an Offer. This is an expression of willingness to contract made with the intention (actual or apparent) that it shall become binding on the offeror as soon as the person to whom it is addressed accepts it. An offer can be made to one person or a group of persons, or to the world at large.
This judgment given set criterion which is still been used in the modern court system and due to this case it was developed that an offer of contract can be unilateral and doesn’t have to be made to a specific party only. Also it was developed to that the acceptance of an offer does not require a notification and that once the concerned party purchases the product the contract is active then and there itself. And it was also established that purchase of an item is a fine example of consideration and therefore makes it a valid contract. (Smith, 2000).
In order to decide whether a contract has come into being it is necessary to establish that there has been an agreement between the parties. In consequenc...
Implied terms – they are not expressed but they are adopted as “obvious” an individual must comply with (e.g) if buying a product and it is not in a good taste the consumer has the right to return it to the owner for exchange or refund.
The person who makes the offer is known as ‘offeror’ or ‘promisor’. (Lee and Detta, 2009) An offer can be made in the method of orally, by conduct, writing or by the mixture of these forms. An offer must require effective communication with the offeree. The formation of a contract when the offeree accepts the proposal.
Generally the price is fixed by the person who has made the offer but sometimes negotiation take place between two parties and then the price at which both parties agree is paid by the offeree. It is essential that the paid price should be that on which both parties agrees otherwise the contract will be considered as void. Some problems such as mistake, duress and non est factum can prevent mutuality between two parties. The case of Petelin v Cullen gives a better understanding about mistake and non est factum. In this case Petelin was deceived and was made to sign a document written in English but Petelin could not understand English, so the court announced that the contract was not enforceable.
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)