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Define and explain the 4 elements of a contract
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Abstract This paper examines the elements of a legal contract and how advertisements are not viewed as legal contracts in most cases. It will review the case of Leonard vs. Pepsico to determine what happens when an advertisement is viewed as a valid offer and responded to with such view. How rewards and auctions are viewed in legal terms. Finally, how this applies to the creative idea to boost tourism by auctioning Bigtown on eBay. Elements of a Legal Contract In order to have a contract that is legally binding, it must be valid and involves at least two parties. They are the offeror, the party making the offer, and the offeree, the party accepting the offer. A contract exists only if the offer is made and accepted. It must be clear and specific. They can be unilateral, meaning the offer's offer is accepted only by the performance of a requested act by the offeree, or bilateral where the offeror's offer can be answered either agreeing or rejecting the offer. The bilateral contract is binding as a promise for a promise. Additionally, there are four elements of a valid contract: Agreement, Consideration, Contractual Capacity, and Lawful Object (Cheeseman, 2006). The first element of a legally binding contract is agreement. Agreement deals with a clear understanding on all parties involved as to what the offer is and the resulting acceptance. This is called mutual assent (Cheeseman, 2006). The second element covers consideration. Consideration is a benefit or right, something of legal value, bargained for and agreed upon in exchange for another benefit or right. This could be something as simple as mowing the lawn for $10 per week or something as complicated as building a house. The consideration is money in exchange for a servi... ... middle of paper ... ...mor was involved and this was not a serious offer. Just the fact that the disruption of school that a Harrier Jet would cause would be enough for a reasonable person to understand this was not reality. It was also clearly stated that the offer was not available in some areas. The court was clearly correct in ruling for the defendant, Pepsico (Madison, 2005). Reference Citations Cheeseman, H. (2006). Contemporary business and online commerce law. 5th ed. Upper Saddle River, NJ: Pearson Prentice Hall. Nolo, (2006). Consideration. Retrieved Jan. 19, 2006, from Nolo Glossary Web site: http://www.nolo.com/definition.cfm/Term/AE6272D6-6D95-477A-9329B127CAFB66C6/alpha/C/. Madison, M. (2005). John d.r. leonard v. pepsico, inc.. Retrieved Jan. 20, 2006, from Leonard v Pepsico, Inc. Web site: http://www.law.pitt.edu/madison/contracts/supplement/leonard_v_pepsico.htm.
The court refused to help Campbell in enforcing its legal contract because “the court felt the contract was extremely one-sided. [ Also], it was wrong for Campbell to ask for the court’s help in enforcing this unconscionable bargain (one that “shocks the conscience of the court”)” (Rogers,
The issue in this case was whether California and Hawaiian Sugar Company could recover the liquidated damages from Sun Ship. Where there is a contract between the parties for liquidated damages and d there were no misrepresentations or unfair dealing in creating the contract,
Miller, R. L., and Cross, F. B. (2013). The legal environment today: Business in its ethical, regulatory, e-commerce, and global setting. (7 ed.). Mason, OH: South-Western Cengage Learning.
Twomey, D. (2013). Anderson's Business Law and the Legal Environment, Comprehensive Volume [VitalSouce bookshelf version]. Retrieved from http://digitalbookshelf.southuniversity.edu/books/9781285696683/id/L35-1-7
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
Mayer D., Warner D.M., Siedel G. J., and Lieberman J. K. Business law and the legal environment. (Vol. 1.0.1). flatworldknowledge.com. Retrieved from
Laudon, Kenneth C. Traver, Carol. E-commerce: Business. Technology. Society 3th ed. Pearson Prentice Hall. Upper Saddle NJ, 2007.
The most authoritative definition of consideration stems from Currie v Misa in which the judgement of Lord Justice Lush defines consideration as “some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other.” Consideration is therefore, in essence, the price for which a promise is bought. Normally, a promise cannot be contractually binding unless it is supported by some form of consideration and there are numerous rules surrounding it’s successful operation. These include: consideration must move from the promisee, consideration must not be past and consideration must be sufficient but need not be adequate.
As a contract is a legally enforceable agreement in writing an agreement is what is consider to be a mutual understanding. A verbal contract can still have the legal force, but many have to be in the form of a written contract like long term contracts and contracts
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.
A binding contract is when two or more parties or entities that come to a mutual agreement that will be put into effect by the law. A contract is then called binding because if any one party doesn’t live up to what was written in the document then the law will impose penalties.
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).
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,
Stead, B. A., & Gilbert, J. (2001). Ethical issues in electronic commerce. Journal of Business Ethics, 34, 75-85.
In English Law consideration is one of the three main areas of an enforceable contract. It may be defined as an act, forbearance or promise made by a single party that constitutes the price for which the promise of another, is bought. In simple terms, the basic understanding of consideration may be seen as a ‘give and take’ tactic between two parties.