This website uses cookies to ensure you have the best experience. Learn more

The Law Of Contract Essay

1209 words - 5 pages

The law of contract
A contract intends to formalize an agreement between two or more parties, in relation to a particular subject. Contracts can cover an extremely broad range of matters, including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute, and ownership of intellectual property developed as part of a work for hire.

Intention to create legal relations | | |
plus | | |
Agreement | | (i) Offer |
| | plus |
| | (ii) Acceptance |
plus | | |
Consideration (informal contracts) | | |

Advise Sanjeev regarding the advertisement
Sanjeev made an offer in the ...view middle of the document...

Advise Sanjeev regarding Ken
Sanjeev made an offer to Ken by places an advertisement in the Borneo Post. The offer is promissory in its nature because of the words “Ken reads the Borneo Post and leaves a voicemail for Sanjeev, “I really want this MP3, I will give you $55 for it. Call me.”It is not a valid acceptance because Sanjeev didn’t communicate with Ken and the term of the offer didn’t have specified a particular method of acceptance. And acceptance is deemed only to have occurred when it is successfully communicated to the offeror.
For example: Entores Ltd v Miles Far East Corporation [1955] 2 QB 327
Lord Denning concleded in Entores that: “…the rule about instantaneous communications between the parties is different from the rule about the post. The contract is only complete when the acceptance is received by the offeror; and the contract is made at the place where the acceptance is received.”

Advise Sanjeev regarding Tracey
Sanjeev made an offer to Tracey by leaving a message on her answer phone, “You can have my MP3 player for $45.Ring me and it’s yours.” The offer is promissory in its nature because of the words “You can have my MP3 player for $45.Ring me and it’s yours.” It is an acceptance.
Acceptance made or by fax or telex is considered instantaneous as long as the message is actually received at the offeree’s end.

For example, Brinkibon Ltd v Sthalwharenhandelsgesellschaft [1983] 2 AC 34
It is not yet clear whether the above was intended to be a hard and fast rule to be applied generally or whether new situations such as fax communications or e-mail or internet transactions should be dealt with on their own merits. There is some support for the latter view in Lord Wilberforce’s judgement (obiter ) in Brinkibon v Stahag Stahl [1983] 2 AC 34, where it was indicated that the court cannot make universal rules to cover all cases concerning the effect of technology on communications.
According to Lord Wilberforce: ”...they must be resolved by reference to the intentions of the parties, by sound business practice and in some cases by a judgement where the risks should lie...”

Advise Sanjeev regarding Stellar Music Shop
Sanjeev made an offer to Stellar Music Shop by writes to Stellar Music Shop, “I am willing to sell you a Sony MP3 player in excellent condition for $50.Please write back quickly...

Other Papers Like The Law Of Contract

The Objectivity of Law Essay

1031 words - 5 pages The law is set to keep order in our communities and on our streets, laws are in place for our safety. There are two types of laws; law on books and laws in action. Law in action refers to the laws and how they are interpreted and how they are implemented. Law on the books is the actual written statutes that are written in books. These are laws that are official rules and procedures. These laws state what should happen during a legal process. All

Lady of the Law Essay

1697 words - 7 pages Katherine White Professor S. Simmonds English 101: Composition 29, November 2014 Ladies of the Law Over the ages many women have paved the way for others, like them, to be accepted by a profession and the society, as equals. This has proved a long and difficult task in a culture that predominantly believed men were the only capable beings of bringing home the bacon. Many women have fought tooth and nail for the rights of their sex to vote

Odysseus' Loyalty And The One Sided Contract Of Marriage

1881 words - 8 pages Danika GuileyProfessor FisherWR 10018 February 2014Odysseus' Loyalty and the One Sided Contract of MarriageIn Homer's Odyssey, the epic poem depicts the journey of a husband and father as he returns home after fighting in the Trojan War. Throughout the epic poem, many instances of fidelity and infidelity occur in war and in athletic challenges; however, the most significant and reoccurring instances of fidelity and infidelity occur inside

The Purpose Of Criminal Law

1135 words - 5 pages waived) must decide our fate based on the facts as they understand them and not on supposition. Due process also provides the expectation that all procedures of law will be followed to safeguard legality. Due process is the only statement contained in more than one amendment; thereby, acknowledging a specific intention. (Cornell University Law School, 2014). Due process protects us from any single state having the right to deny us life, liberty

The Long Arm of Law

869 words - 4 pages The Long Arm of the Law Many people often complain about the police but yet the police are first on their list when an emergency comes. According to Alix Finch, Police are described as the frontline of protection and service that risk their lives for our safety and ensure our safety by sacrificing their time and families for us (320). It is a terrifying thought to many wives that their spouse may not arrive home after work. Obtaining a job in

The First Law of Thermodynamics

2724 words - 11 pages THE FIRST LAW OF THERMODYNAMICS, THE CONCEPT The First Law: the concepts The basic concepts A system is the part of the world in which we have a special interest. It may be a reaction vessel, an engine, an electrochemical cell, and so on. Around the system is its surroundings, where we make our observations. The two parts may be in contact and are separated by a boundary, and specifying the system and its surroundings amounts to

Law of the 4th Amendment

3306 words - 14 pages police cannot record or listen to conversation by means of an instrument, device, or equipment (a bug or wire tap) without (i) a court order (a warrant), or (ii) the consent of one party to the conversation. For ear dropping, warrant applications (e.g. wire taps) the Criminal Procedure Law requires a “particular description of the nature and location of the communication facilities” and a limited definite time duration, not to exceed 30 days

The Essential Elements of a Contract and the Applicable Remedies in the Event of a Breach

3010 words - 13 pages contract. * The subject matter of the contract must be legal. An agreement to break the law would be illegal, for example. * Some contracts must be in proper form. Even though courts will enforce an oral contract, some categories of contracts must be in writing to be legal. III. How can one accept an offer? Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two

Education Law Overview of the Landscape of Law and Education

689 words - 3 pages Education Law Outline Establishment clause creates a wall of separation between church and state. “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” Child Benefit Test 1. Statute purpose is not to aid any religious or non-public schools and its primary effect was to improve the quality of education for all children. Psychological Coercion Test 1. Whether or not prayer

The Legitimacy of Positive Law Versus Natural Law

3112 words - 13 pages Unit 9 Assignment Final Assignment Kristen Fellows Walker LS490 – Legal Philosophy Dr. Martin Luther King, Jr. The Legitimacy of Positive Law Versus Natural Law For King, the freedom he spoke of under the “symbolic shadow” (King, 1963) of the Lincoln Memorial (reference to the Emancipation Proclamation signed by President Lincoln 100 years earlier in 1863) was not a metaphorical freedom or an idealistic freedom; the freedom he demanded

Explain the Ways in Which the Contract of Agency Maybe Terminated ?

1217 words - 5 pages of agency can be helpful for big business official as they cannot be available anywhere, anytime. The relationship with an agency can be terminated if the parties feel that the relationship is not going in a beneficial manner. There are various factors which can influence and terminate contract of agency it depends on the legal contract and various clauses they have signed during the agreement. According to Scottish law if the contract which

Related Essays

Law Of Contract Essay

877 words - 4 pages A) Law of contract An agreement enforceable in law, a contract, needs to fulfill 4 elements: offer, acceptance, consideration and intention to be valid. It legally binds parties to act in accordance to the verbal or written terms stated in the contract. If there is a breach of contract, the innocent party can sue for damages or demand for specific performance to be done. a) Applicable law There are three categories of terms of

Law Of Contract Essay

3717 words - 15 pages QUESTION 1 IF ONE OR BOTH PARTIES ENTER INTO A CONTRACT UNDER SOME MISUNDERSTANDING OR MISTAKEN ASSUMPTION, IN WHAT CIRCUMSTANCES WILL THE COURT INTERVENE TO HOLD THE CONTRACT VOID AND UNENFORCEABLE ON THE GROUNDS OF MISTAKE? In contract law, a mistake is an erroneous belief made by parties when contracting. Mistakes are not generally enforceable at the law court and are often treated as void or voidable. Mistakes are generally irrelevant, but

‘The Law Of Contract Confines Itself To The Enforcement Of Voluntarily Created Civil Obligations’ Illustrate And Explain

2709 words - 11 pages ‘The Law of Contract confines itself to the enforcement of voluntarily created civil obligations’-illustrate and explain. Rifatul Ahsan Yasdany ID: 102 0273 030 Law 200 Section-09 Date: 22-02-2013 Declaration i. The topic referred to in this assignment has not been submitted for another degree or qualification of this or any other University or other Educational Institution. And ii. The ownership of any Intellectual property

Managing The Risks Of The Contract Creation And Management Simulation

1505 words - 7 pages In today’s business environment, organizations must ensure contracts entered into avoid risk, minimize liabilities, and provide opportunities for resolution in the event of a dispute. Not taking these considerations into effect, may result in courtroom litigation and the costly aspects of preparing for it (Jennings, 2006). In reviewing the Contract Creation and Management simulation, examples of ambiguously worded provisions were evident and