Question 1
Using the 4 step process, consider whether the element of agreement required for the formation of legally enforceable contract has been satisfied in the above scenario involving Isabella and Sienna.
Step 1 The area of law that is required in order to form a legally enforceable contract is agreement.
Step 2 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
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2014). In the case of Carlill v Carbolic Smoke Ball Co (1893) 1 QB 256, the company produced Carbolic Smoke Ball saying it can prevent from contracting influenza. They then advertised in newspaper telling that 100 pound will be given if people used this ball three times daily for two weeks as instructed and still caught influenza. Carlill bought and used the ball as instructed, however she still caught influenza. Hence, she asked for the rewards from the company. However, the company refused to pay and the issue was brought to court. According to court, Mrs Carlill was entitled to the reward as the advertisement was an offer made to everyone who saw it. Therefore, it was intended to be legally …show more content…
2014). Moreover, binding contract is made at the time and place when the letter of acceptance is posted. In the case of Adams v Lindsell (1818) 106 ER where Lindsell wrote to Adam offering him some wool and asked him to reply by post too. However, Lindsell’s letter was delayed in the post. The day Adam received the letter, he immediately replied with an acceptance letter but before it could reach Lindsell, she had sold the wool to other party. This leads Adam to sue Lindsell for breaching of contract. The court is on Adam’s side as there was an agreement made the moment he posted the acceptance letter to Lindsell (the postal acceptance rule). Moreover, Lindsell cannot argue the mode of acceptance used by Adam as she was the one asking him to do
Legally enforceable "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." (Scheffel, Evan, and Jane P. Mallor, 2010. Chapter 9, Page 321) The Lambert v. Barron case showed us an example of what happens when a contract does not contain all elements to become a legally enforceable contract. Mr. Barron did not accept the offer, Mr. Lambert made no promise to recover money from the disputed contracts owed to Mr. Barron, so there was no promise to perform.
The article "When is a contract legally enforceable?", helped me understand legally enforceable because it talks about the elements of a contract which are "offer and acceptance, legal consideration, capacity to create a
Various elements must be present to prove that a valid contract exists between Sam and the chain store. The four elements to a contract are agreement, consideration,
ACCEPTANCE: comes for the other party to whom the offer was made and all the terms and conditions are been communicated to him and he accept all of them without conditions.
Inevitably, there was a claim. Mrs. Louisa Elizabeth Carlill, on the faith of the advertisements’ claims, purchased one of the balls at her local chemist, using it as directed. Despite this, Mrs. Carlill contracted a cold. Her husband contacted the company, telling them how his wife had contracted the illness after using the product. The Carbolic Smoke Ball Co. in response, asked Mrs. Carlill to travel to them three times daily, for the 14 days required, in order to prove to them, directly, that she had been using the product sufficiently. Mrs. Carlill refused, having already used the product for the 14 days in the expected manner and proceeded to sue the Company for breach of contract (ABBOT 1892: 203).
Four requirements for a valid contract that is legally binding are: agreement, consideration, contractual capacity, and legality. Any contract
According to Elliot and Quinn, in order for a contract to exist one party must make and offer and the other must have accepted it, thus resulting a legally binding contract. Contracts can take many forms but are generally split into two types, bilateral and unilateral. In bilateral contacts, each party takes on a specific obligation and one promising the other to do something in return for something else. Unilateral contracts, on the other hand mean that acceptance and performance constitute the same act therefore, no prior communication of acceptance is practicable. (Law for Business Students pg 94)
There are three basic essentials to the creation of contract which will be recognised and enforced by the courts. These are: contractual intention, agreement and consideration.
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)
In the 18th century, the postal rule was established. Through the ruling in the case of Adams v Lindsell (1818) 1 B & Ald 681, the judge held that the acceptance occurred in regards to contracts as soon as the offeree placed the contract in the mail. The creation of this rule is argued to have helped with economic efficiencies and problems of offerors stating they never received the contract to avoid liability. All risk falls on the offeror if the acceptance was lost or delayed. Without the ability to have instant communication, the offeror could start enacting the agreed contract without the delay of seeing the physical contract.
The cases between Adam v Lindsell is the case was consider when mutual assent to an mutual agreement occur in the particular circumstances of a mail contract. If nce was effective when it arrived at the address or when the defendant saw it, then no contract would have been made and sale to the third party would a mount to revocation of the offer. However, the courts held that the offer had been accepted as soon as the letter had been posted . Adam v Lindsell was indeed a contract in existence before the sale of the wool to the third party, even though the letter had not actually been received by defendant. The trial court was held that Adam’s acceptance was valid when Adam put it in the mail, and that any postponed in process of receiving the acceptance that w...
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.
After seeing this, plaintiff Carlill purchased the Carbolic Smokeball and used it as instructed. But though she used it as instructed she was still contracted with influenza and made a claim for the reward.
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,
A valid contract is an agreement including promises made between two or more parties with an intention of certain legal rights and legal responsibility that are enforceable. For there to be a contract – that must contain four essential elements- offer, acceptance, intention to create legal relations and consideration.