More handpicked essays just for you.
Introduction law of contract
Introduction law of contract
Explain the features and uses of different approaches to negotiation
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Introduction law of contract
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 main elements within a contract process are offer and acceptance. An offer is made by the offeror in order for the individual to gain in some kind of way this can be financially or by having extra staff in an area. If the terms and conditions are agreed on by both parties then the offeree accepts the contract and signs their name, however if the terms and conditions are not agreed then the offeree will most likely make a counter-offer, which includes topics that where not fully looked into or identified within the first contract. Counter-offers are done between the parties until a solution can be made.
There tends to be four main formations within a contract:
1. Valid offer made by one party
2. Valid acceptance of the offer made
3. Creation of a legally enforceable contract
4. Considerat...
... middle of paper ...
...ing they choose not to, which lead them to tell multiple untrue statements in order for the contract to continue without Aprilia suspecting any wrong doing. As a party within a contract Spice Girls would have been liable to inform Aprilia of Geri leaving, however Aprilia could have done more research and investigation before carrying out the contract in order to make sure the contract would not be broken.
To conclude, contracts are a very complicated legal agreement therefore all parties have to make sure there is a high level of communication, in order for all parties to gain what they want from the legally binding contract. As identified above if there is no communication between the parties within the contract or no contract at all, then the agreement between two people can become complicated and cause individuals to leave themselves open to invitation of threat.