Part A Question 1 Step 1: Area of Law The area of law is focused on Contract Law in regards to the formation of a contract and specifically on the element of agreement for offer and acceptance. Step 2: Principles of Law A contract is a legally enforceable agreement between two or more parties. When a contract is made, parties become subject to legal obligations, whereby there is a legally binding duty to give or do something. This is known as the contractual rights and duties that parties must perform. These contractual duties will bind the parties until they are discharged. The element of agreement is one of the three essential requirements for the formation of a contract before a contract can come into existence. The element of agreement can be referred to as the ‘meeting of the minds’. An agreement must be reached on the essential terms needed for a workable transaction. The parties must have reached agreement on any matter that they have indicated must be agreed upon before the contract is completed. An agreement can be met by means of offer and acceptance. An offer is a clear indication of the terms upon which a person is prepared to be bound. An offer must be promissory with the details of the promise fixed for it to enforceable. A case with an offer that was not promissory can be seen in the case of Placer Development Ltd v Commonwealth. In this case the Commonwealth government said that it would pay subsidy to companies that imported timber products into Australia. The amount of the subsidy was not fixed but to be determined at a later time. Placer had imported timber and wanted to enforce payment of the subsidy. The court held that what the government had said was not a legally enforceable promise because a promise wit... ... middle of paper ... ... under the employee’s supervision. Xpress Printing & Stationary can rely on the exclusion clause in the contract although it will be critically challenged by the other party since it had failed to perform a condition term followed by its negligent actions. Step 4: Possible conclusion In conclusion, Xpress Printing & Stationary will not be able to rely on its exclusion clause since the errors occurred were not specifically due to anything stated in the exclusion clause. The errors were caused by a vacation student and could have been avoided if the employee had not allowed the vacation student to experiment with the machine and if the employee had handled it him/herself. Adding on, if proof reading had been performed (which was part of the term of the contract) the errors could have also been avoided. Therefore, the fault clearly lies on Xpress Printing & Stationary.
This office represent the self-insured employer, Verizon, and its third-party administrator, Sedgwick CMS, in the above referenced. Enclosed please find a signed stipulation that has been executed by all parties resolving the issues of permanency and schedule loss of use.
In the 19th century, promissory estoppel was first introduced in Hughes v Metropolitan Railway Co , where Lord Cairns ruled that parties who have entered into fixed terms and then afterwards, by their own act or will, enter negotiations which influence the other party to assume that the stringent rights that were originally imposed will not be enforced or will be deferred, should be unable to reverse from this if it is inequitable for them to do so. This doctrine was resurrected by Lord Denning in Central London Property Ltd v High Trees House Ltd , where he expanded on the doctrine of promissory estoppel and ruled that where there is a promise intended to form legal relations and the promisor knew it would be acted upon and it was acted upon by the promisee then the promise made would be binding even with a lack of consideration.
S.6(3) states that as against a person dealing otherwise than as consumer liability for breach of the obligations arising from ss.13, 14 or 15 of the Sale of Goods Act 1979 can be excluded or restricted by reference to a contract term, but only in so far as the term satisfies the requirement of reasonableness.
It is well established that an exclusion clause will be valid and enforceable only if it is incorporated into the contract. There are several ways in which exclusion clauses can be incorporated into contracts . One way is by giving a sufficient notice. In J Spurling v Bra...
An offer can be made to one person or a group of persons or to the world at large. The offeror is bound to fulfil the terms of his offer once it is accepted. The offer may be made in writing, by words or conduct.
A contract is any legally binding agreement that is made between two parties. In the legal system an agreement must be between two people or more parties whereby the agreement must be entered voluntarily. In the agreement a lawful object must feature in and should create legal obligations which may either be one or more between the parties coming into an agreement. In the legal system, for a contract to become, it must involve two elements which are namely offer and acceptance. Therefore, the contract elements of offer and acceptance must be conducted by two proficient parties or people who have got legal aptitude. This is to ensure that the parties involved exchange deliberation in order to arrive at a reciprocated commitment (Chen-Wishart, 2012).
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.
Provide the rights for the Contractor to claim for extension of time / additional money under the Contract, with the respect of related risks happened by the Employers errors in the Setting Out data (Sub-Clause 4.7), errors in the Site data (Sub-Clause 4.10) and unforeseen Site risks (Sub-Clause 4.12).
The basic law of a contract is an agreement between two parties or more, to deliver a service or a product. And reach a consensus about the terms and conditions that is enforced by law and a contract can be only valid if it is lawful other than that there can’t be a contract. For a contract to exist the parties must have serious intentions, agreement, contractual capacity meaning a party must be able to carry a responsibility, lawful, possibility of performance and formalities. Any duress, false statements, undue influence or unconscionable dealings could make a contract unlawful and voidable.
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,
phoned three people and told them “the stock is yours if you can go to
But John Wilson Twyford claims that since 1809 the common law has clearly mentioned that a promise by a party to execute an Act that he or she is legally supposed to do is not a good consideration. Hence from this statement we can conclude that a promise received in exchange is not mandatory. This is so that is it that the promise would have the consideration of building a new contract. This rule has been a subject which has received a criticism from time to time but nevertheless functioned with full figure until 1991. This rule was in vogue in that time and they were unknown to the fact that...
“The law of contract may be provisionally described as that branch of law which determines the circumstances in which a promise shall be legally binding on that person making it.”
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.
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