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An essay on the essential elements of contract
Formation of contracts
Nature and forms of contract
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Contracts refers to agreements that are made between two or more people or entities in which a promise of a return in something is considered and according to “it can sometime be concerned with the enforcement of a promisee or set or promises.” The making of an offer is the first and the main step in the traditional process of forming a valid contract: an offer, an acceptance of the offer, and an exchange of consideration. In this paper, we were given a case scenario that relates to the case law and elements of legislation to determine whether there are an existing contract made between Peter and John. In this case, these conditions were not followed and there was no existing contract between the two party and this was represented by Peter …show more content…
However, as seen in the case of R v Clarke (1927) where Clarke, oblivious of the reward for this performance, made statements to the police that led to the conviction of two murderers; because his motive was to prove his innocence and not in exchange for the offer, he could not claim the reward. As such, if the offeree accepts the offer through performance, whilst in ignorance the offer, it will not be valid. Similarly, unbeknown to Peter that John had sent his counter offer the day before, Peter sent a fax detailing that his “cement price of $100 per bag includes delivery charges”. Even though, Peters fax is identical to Johns offer, it doesn’t constitute acceptance as he was unaware of the counter-offer; in turn, this fax is a new offer and not acceptance. Offers are dissolved when an outright rejection has taken place. John did not understand the cost of delivery charging; thus the acceptance was made unaware of the offer which means that a contract in current was invalid. Having received Peter’s new offer, john immediately replied by fax, stating “Decline your offer of cement at $100 per bag including delivery charges…” This revoked the offer made by
in the country can afford the best lawyer and it is true to say that
This case was about a father by the name of Bob Latimer, this man had a daughter who was suffering with a disease called cerebral palsy. The disease was unfortunately entrenched with his daughter since her birth and was caused by brain damage. The disease made her immobile with the exception of the rare movements she showed through facial expressions or head movements. Twelve year old Tracey Latimer was in continuous pain every moment of her life and she was incapable of taking care of herself despite her age. She was bedridden and could not communicate with anyone in her family; she was more like a living corpse. Hoping only to better her condition, her family took her through several surgeries where some were successful but did not really benefit her in any way. Tracey had five to six seizures everyday and her condition would only get worse. All this was unbearable to her father Mr. Latimer like it would be to any loving father and it was then that he decided to end her pain and suffering. Latimer put Tracey into the cab of his truck and suffocated her. He did this by attaching a pipeline into the exhaust of the cab and this allowed carbon monoxide to enter the car which eventually leads to the painless death of his daughter. He was first convicted in 1994 of second degree murder with a life sentence term of 25 years and without parole for 10 years. Latimer then appealed his case to the Supreme Court and the previous decision was upheld. However, there was an error found in the procedure of the trial as some of the jury members were questioned on their beliefs in relation to the crime on the basis of religion, mercy killings, and etc. which then constituted the trial as unfair und...
In the case of Darlington Futures Ltd v Delco Australia Pty Ltd (1986), the High Court ruled that: The interpretation of an exclusion clause is to be determined by construing the clause according to its natural and ordinary meaning, read in light of the contract as a whole, thereby giving due weight to the context in which the clause appeared including the nature and object of the contract… This brings to question whether ‘loss or theft’ covers the severe water damage to Kati’s car. In the case of Thornton v Shoe Lane Parking (1971), Denning MR found that if there is an offer communicated through a sign of notice at the entry of a carpark, this offer is accepted by a customer by the ‘movement of his car’ through the entrance . By this
The duties of a police officer are to ensure that there is maintenance of public peace and order. In order to perform their duties and obligations they require certain powers, authority in order to perform their duties and this extends the power to arrest. This paper focuses on the decision of the court in DPP v Carr, the amendments on Law Enforcement (Powers and Responsibilities) Act (LEPRA) section 99 and a critical evaluation of statements made by Sentas and Cowdery.
The four elements of a contract are the agreement, the consideration, contractual capacity, and a legal object. The oral agreement between Sam and the chain store satisfies the agreement element of a contract definition because when the chain store offered to sell Sam 's invention at their stores, Sam accepted by agreeing to ship 1000 units in exchange. The second element of a contract, the “consideration of each party,” is satisfied because Sam and the chain store have something to give the other (1000 units of the invention in exchange for the exclusive sales of the product at their stores). The third element is “contractual capacity,” which may or may not be fulfilled since we do not know Sam 's age or whether
1.1 Explain at least four points of differentiations between contract and agreement with the help of examples.
Fred Nicks’ will is probably invalid because it was the product of undue influence. The O.C.G.A. concerning undue influence states “a will must be freely and voluntarily executed; anything which destroys the testator’s freedom of volition, such as ... any undue influence whereby the will of another is substituted for the wishes of the testator, invalidates a will.” O.C.G.A. § 53-2-6 (1995). To demonstrate undue influence, the individual contesting the will must show “both that the decedent was susceptible to undue influence and that undue influence was in fact exercised.” Hawkins v. Hodges, 102 S.E.2d 16 (Ga. 1958). In the case of Fred Nicks it is assumed that he was susceptible to undue influence. Nora Blake, the testator’s neighbor, probably
The scenario I have been given highlights the main complexity of contract law. It touches on issues such as unilateral contracts, revocation as well as advertisement. I will be advising Mick (claimant) answering: Whether Yummy chocolate is liable to give a year supply of chocolate as advertised?
This paper analyses the legal aspects influencing education provision in Canada. It focuses primarily on issues concerning learning disability and special education. The case used to analyze the legal aspects is the Jeffrey Moore Vs. British Columbia case that was issued a final ruling by Canada’s Supreme Court in 2012. The ruling serves as a landmark given that it serves a precedent for related cases of learning disability. The Supreme Court ruled in favor of Jeffrey Moore declaring that education is not “a dispensable luxury” based on the School Act enacted in British Columbia (Supreme Court of Canada, 2012). Hence, Jeffrey should not have been discriminated based on his learning disability from a public school. As shall be seen, the Moore Vs. British Columbia case touches on other facets such as human rights, bias and prohibitive grounds in areas of adequate accommodation.
Having evaluated the current state of English contract law, mainly made up of piecemeal solutions, it can be seen that despite being satisfactory and doing its job, there still remain gaps within the law of contract where unfairness is not dealt with. Moreover, due to the ad hoc nature of those piecemeal solutions, the latter have often produced inconsistent justice and have manifested cases of unfairness. Hence, “a relatively small number of respected Justices have endeavored to draw attention to the fact that the application of a general principle might be useful and even necessary in English law.”
Based on common law and precedent, the English law of contract has been formulated and developed over a number of years with it’s primary purpose to provide a regulated framework within which individuals can contract freely. In order to ensure a contract is enforceable there are certain elements which must be satisfied, one of which is the doctrine of consideration. Lord Denning famously professed; “the doctrine of consideration is too firmly fixed to be overthrown by a side wind” . This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law.
An offer continues in existence, capable of acceptance until it is brought to an end.
A contract is an agreement, either oral, in writing or inferred by conduct, between two or more persons (the offeror and offeree or promisor and promisee) which is usually intended to be legally binding. A contract concerns 3 main issues, firstly, is there a contract? Secondly, is the agreement one in which the law recognises? Thirdly, when do obligations under contract come to an end and what remedies are there if a contract is broken? (Jones,2015). The question at hand surrounds Sam, who had been offered the opportunity to earn some money for university by helping Jo. But when Sam leaves for university, Jo refuses to pay any money. The following discusses whether Sam has a contract and whether he is entitled to be paid.
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,