Essay on contract law

Submitted By samba93
Words: 1017
Pages: 5
Open Document
In this essay I will be discussing whether Adam has completed any binding agreements-in-law to supply tablet computers to Bilal, Clair or Dewan. After I have discussed this, I will then be able to advice Adam whether he is in a legally binding contract.
A contract is an agreement between two or more clients which is legally enforceable when executed in accordance with specific requirements. All clients should understand the key terms included within a contract and also the rights and responsibilities under that contract. An offer needs to be distinguished from an invitation to treat. Whereas an offer will lead to a binding contract on acceptance, an invitation to treat cannot be accepted it is merely an invitation for offers.
Bilal left a message at 9am on Saturday 2nd December on Adams answer phone which was a request of 500 units for immediate delivery. Adam distributed flyers which were only an invitation to treat, a case that would go with this would be Fisher V Bell, in this case the defendant had a flick knife displayed in his shop window with a price tag on it. Statute made it a criminal offence to 'offer' such flick knives for sale. His conviction was quashed as goods on display in shops are not 'offers' in the technical sense but an invitation to treat. The court applied the literal rule of statutory interpretation1. Also in Partridge V Crittenden, the defendant placed an advertisement in a classified section of a magazine offering bramble finches for sale. Section 6 of the Protection of Birds Act 1954 made it an offence to offer such birds for sale. He was then charged and convicted of the offence and appealed against his conviction. The defendant's conviction was quashed as the advert was an invitation to treat not an offer. The literal rule of statutory interpretation was applied.2 Lord Parker CJ said, 'I think that when one is dealing with advertisements and circulars, unless they indeed come from manufacturers, there is business sense in their being construed as invitations to treat and not offers for sale.'3 These cases tell us that Adams flyers were an invitation to treat and not an offer so he is not in a legally binding contract with Bilal.

Clair emailed Adam on the 2nd of December at 10am explaining that she would purchase 80 units provided he could supply them at a discount price, however Adam states in his flyer that the minimum order to purchase the tablets is 100 units, this means that Adam is not legally obliged to provide Clair 80 units. But later during the day, Clair emailed Adam again at 3pm stating that he should ignore the previous email that was sent as she now wants to purchase 200 units. Clair was making a counter offer when she sent the second email at 3pm, as the first email declines the offer that is made by Adam on the flyer as Clair provides her own terms. This also means that Adam is not in a legally binding agreement with Clair. Adam declines the offer on the 5th of December after he received a message on the 4th of December from his suppliers that they will not be able to supply anymore units. A case that would be relevant to this argument would be the case of Hyde V Wrench, where the defendant offered to sell a farm to the claimant for £1,000. The claimant in reply offered £950 which the defendant refused. The claimant then sought to accept the original offer of £1,000. The defendant refused to sell to the claimant and the claimant brought an action for specific performance. There was no contract. Where a counter offer is made this destroys the original offer so that it is no longer open to the offeree to accept.4
Furthermore, in regards to Dewan’s situation the postal rule takes place, the postal rule states that where a letter is properly addressed and stamped the acceptance takes place when the letter is
Show More

Related Documents: Essay on contract law

Law and Contract Essay

Vienna convention on the international sale of goods 1980 • International sale contract should include a choice of law clause- which is a clause stipulating the law applicable to the contract, such as English law. • In the event of a dispute to agree on a clause, the forum applies its private international rules to determine the law applicable to the contract • One way to tackle this uncertainty is to harmonize the law relating to international sales in the form of an international convention for…

Words 1349 - Pages 6

Valid Contract In Law

relevant area of law is contracts.Note that the former contract which has been conducted during the period between July 2010 and July 2012 is terminated due to the fire so there is no dispute between Stacey and Tom. We just need to focus on the thing which happened after the fire. In order to succeed in the court, Stacey will have to prove to the court that there is a contract between her and Tom, and Tom has breached the contract. In order to prove there is a validity contract between her and Tom…

Words 929 - Pages 4

Essay Contract Law

Everest University Business Law 12/17/2012 Contract Law A contract is a legally binding promise between two or more parties and can be defined as a mutual trust of terms with an exchange of value or gains for all involved. When someone takes back or revokes a contract illegally, then this is referred to as a breach of contract or breach of trust and in this scenario, it seems that there was most definitely a binding contract followed by a breach of contract. In this situation the lessor…

Words 636 - Pages 3

Elements Of Contract Law

The contract law is where legally binding agreement between two or more persons by which rights are acquired by one or more to act or loose something. Four elements of a contract are offer, acceptance (agreement), consideration and intention. Offer element comprises bilateral offer (promise for a promise), unilateral offer (promise for an act) and invitation to treat (invite somebody to make an offer). In bilateral offer exists when the offerer knows whom s/he is dealing with; an unilateral offer…

Words 709 - Pages 3

Elements Of Contract Law

The Contract Part 1: The Elements Examples: Sale and purchase contract Employment contract Lease contract Contract v agreement A contract is a legally binding agreement which is enforceable in a court of law An agreement is not necessarily a contract Elements of a valid contract Offer - A legally binding promise made by one party (the offeror) to another party (the offeree) Offers need to be distinguished from non-offers such as invitations to treat An invitation to treat is not an offer because…

Words 1254 - Pages 6

Contract Law Essay

Essay Plan Introduction: What is negligence? (Duty of care, breach of duty, causation, remoteness and defence) The meaning of each of these 5 parts which consist negligence. Clinical negligence and the difference it has with other type of negligence. (Bolam Case and Caparo v Dickmen) Bolam case V Bolitho Break down the discussion ( within the question there are 4 legal matters to consider) Body: Throat pain. The doctor according to Bolam always owe a duty…

Words 703 - Pages 3

Law: Contract and Consideration Essay

Aspects of Contract and Negligence Unit 5 HNC/HND in Business Consideration and Intention in Contract Assignment Task Consideration must be something of value in the eyes of the law. A one sided promise which is not supported by consideration is a gift. The law does not enforce gifts unless they are made by deed. Referring to the case of Currie v Misa (1875) LR 10 Ex 15 definition of consideration is: “A valuable consideration in the sense of the law may consist either in some rig3…

Words 557 - Pages 3

Contract Law Essay examples

02 May 14 Contract Law – Question and Suggested Answer applying IRAC to help with EC4003 Final Assessment When preparing for a law-based assessment here are a few pointers which students may find helpful. You will be given case studies well in advance of the assessment to enable you to identify and research the relevant legal issues. When analysing any law-based case study you may find it helpful to use the IRAC process (which can usually be found in module booklets and online via weblearn/Blackboard…

Words 2158 - Pages 9

Five Elements Of Contract Law

In order to advise Buford, contract laws must be discussed. The contract between Frank and Buford is the first one to be discussed. Five elements- Agreement (offer/acceptance), Consideration, Voluntary Compliance, Capacity and Legality are must be met in order to validation of this contract. Firstly, there is a definite and communicated offer and the acceptance of that offer between Frank and Buford, as they haggle over the price and agreed. Thus, there is an offer and acceptance between Frank and…

Words 1179 - Pages 5

Contract Law Research Paper

Nature and Terminology Contract law - the formation and keeping of promises-legally binding Source of contract law-common law-except where modified or replaced by statutory law -UCC -sale or lease of goods, checks or administrative law Two parties Promissor - making the promise - PR Promissee - person to whom the prime is made - PE Contract - agreement between two parties (or more) is legally binding, agree to perform or refrain from performing an act now or in the future Objective theory…

Words 737 - Pages 3