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Recommended: Contract Law Rules
TASK 2 – Discuss the impact of different types of contract Oral and written contracts A contract is a legal agreement between two parties that is both willing, deliberated, and bound legally between two parties. The contract may be done orally or implied, the main topics of a contract are generally employment, sales, or rentals. The evidence provided in a contractual relationship is first, the offer, second, the acceptance, and third the valid legal and valuable consideration. Each party that does a contract has duties and rights attained relevant to the duties and legal rights of the other parties. Even though fair benefits are expected by the party which are relevant, it is not guaranteed that all parties will attain legal benefits. The …show more content…
So, the term ‘’quasi-contract’’ can more accurately be used as a term for an implied contract. Express and implied contracts have the same extent of enforcement. More amounts of proof have to be presented for an implied contract for it to be considered effective. Hence, the party has to observe the action being taken place in order for them to be bound by the contract. An implied contract is never presented explicitly, though the implicit contract is evident under evidences that the mutual intention to the contract is …show more content…
No legal rights or duties exist for voided contracts and it is not considered a legitimate contract. Voided contracts also cannot be enforced in the court. On the opposite site voidable contracts are considered legitimate and are legally enforceable. But voidable contracts can be considered restricting if the involved party be cheated through fraud or at a position of legal disabilities during the period of the contract’s formation. It is impossible for the contract to be voided only in the case that the party makes a decision to see it as void and protest against its enforcement. Parties with the authority to avoid it may authorize a voidable contract in in either implied or expressed
Whether oral or written, the contract must manifest a mutual intent to be bound expressed in a manner capable of being understood, and include a definite offer, unconditional acceptance and consideration.” (Express Contract 2016) The above definition is a much clearer explanation with key elements outlined; 1. mutual intent, 2, expressed in a manner capable of being understood, 3. definite offer, 4. unconditional acceptance and 5. Consideration.
The difference between an express contract and an implied in fact contract is the manner in which assent is manifested.
"A contract is a legally enforceable promise or set of promises. In other words, when promises have the status of contract, the contracting party harmed by a breach of the contract is entitled to obtain legal remedies against the breaching party" (Mallor et al., 2015, p. 320)
A contract between two parties must have certain element to be considered tangible or authentic. The element of the contracts will enclose guarantees that are enforceable and thus legal (Seaquist & Coulter, 2012). For a contract to be legal the promises include in the contract has to meet specific benchmarks. A valid contract simply means that it can enforce in the courts (Seaquist & Coulter, 2012). According to Seaquist & Coulter (2012) “a valid contract to be formed that is enforceable by a court, each of the following criteria...
When it comes to contracts, there are certain elements or requirements, which need to be met in order for the contract to be valid. Defined, a contract is “an agreement that can be enforced in a court; formed by two or more parties who agree to perform or refrain from performing some act now or in the future” (Hollowell & Miller, 2014, p. 110). With contract law, there is the enforcement of promises made between two parties, even if made in private. Additionally if a promise is made, there is the possibility of the obligation falling into a moral liability rather than a legal liability. All in all, when it comes to business agreements, contract laws will apply to avoid any possible problems that may arise.
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
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 by conduct. Unilateral – some offers are purely one sided, made without the offeror’s having any idea whether they will ever be taken up and accepted, and thereby transformed into a contract. For example, when an advertisement where a person is rewarding another one if he finds his pet (which was lost). In this case, the person who is making such an offer is not sure whether this offer will ever be accepted.
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)
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.
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.
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.
Void and Voidable Contracts Void Contracts: A contract is void if it is worthless, that is, not
Minors: The Australian law restricts the entry of Minors in the formation of the contract. So any contract made with the person under the age of 18 will be considered as voidable contract. (Clarke, 2016)
Are you planning to buy your first home and hope to get a good deal at an auction? Are you instead an experienced real estate investor looking for a good buy to increase your portfolio? Regardless, there are ten common mistakes you want to avoid, with some being making a ridiculously low-ball offer, which could encourage others to bid, showing too much in a property, not being assertive enough, and bidding without doing the necessary homework first. Failure to do the necessary homework or not being prepared before an auction is one of the biggest mistakes potential buyers when bidding. First, make sure you know what is in the contract before you sign or even bid.
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.