Various Problems Faced in the Formation of Contract

Report on Contract Law Problem Question A Sample Report on Contract Law Problems

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Table of Contents INTRODUCTION ...........................................................................................................................3 QUESTION 1...................................................................................................................................3 CASE:1 .......................................................................................................................................3 CONCLUSION ................................................................................................................................8 REFERENCES ................................................................................................................................9

A Sample Report on Contract Law Problems

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INTRODUCTION There are many business activities which taken place on a daily basis. One of the most important act which is being carried out in the regulation of a business activity is the formation of a contract. It is very important that whenever any formal exchange of promises is being taking place in an organisation then a proper agreement shall be made between the parties as any agreement between the party shall conclude to the formation of a valid contract. In order to save the interest of the party who are contracting with each other, government has implemented several rules and regulation by legislative body and one of the major law regarding same is contract law which will deal with all the provision of contract(Byrd, and Hruschka, 2012). It is very important to form a contract with the application of law as it will raise legal obligation on breach. The following project shall discuss the case law depend upon the provision of contract.

The aim of the project is to carry out a better understanding about formation of a contract.

QUESTION 1 CASE:1 A contract can be referred as an agreement which has been formed between the parties voluntary, binding both the parties to perform legal obligation arising out of it. Whenever an agreement is enforceable by law, then it shall became a valid contract(Vogenauer, 2013). It is very important that whenever a contract is being formed between the parties then all the essential elements are to be included. When a formation of a contract shall take place without any elements then such contract shall be entitled as void. Breach in contract will arise out of the terms and elements mentioned in a contract. Some of the basic essential elements, to be included in the formation of a contract are:Offer- an offer to a contract can be explained as the desire which a party shall arise out of any act. For the formation of a valid contract, it is very much important that a valid offer shall be made between the parties. If the offer is not being included in a contract, then there shall be no valid formation of a contract.

Acceptance- whenever an offer has been made by one party to another then if the other party wants to enter into a contract, can accept the offer. An acceptance to a offer shall show an intention of the other party to enter into a contract(Eidenmuller, Jansen, and Wagner, 2012).

Without acceptance, no contract shall be formed.

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Consideration- it can be explained as the exchange of value which is being done between the parties. Such exchange of value is always dependent upon the promise which is being made by both of the party in a contract. It is very important when the formation of a valid contract is being taking place then a lawful consideration has to be made between the parties. If the consideration will be unlawful in nature then such contract shall be entitled as void contract.

Consideration can be done in written or in oral.

Agreement- prior to the formation of a contract, it is very important to form an agreement between the parties. Such agreement will raise legal duties or shall raise legal obligation on to the parties by binding them into a contract(Furmston, Cheshire, and Fifoot, 2012). An agreement made between the parties could be negotiable also. Any kind of breach in an agreement shall result into breach in contract.

Besides the formation of a contract with essential elements, it very important to include all the basic term in a formation of a contract form an example Implied Terms- the terms which is being included by the government or the statute of the country shall be referred as implied terms. A party competent to a contract is ought to perform and follow the implied terms. If such terms are not included then the contract shall be entitled as void. For instance, a condition to a contract is an implied term which raise a duty on to party to perform the same. It shall also effect the contractual duty of same.

Express terms- there are certain terms which is being expressly stated in the contract. When the party has to restrict of limit the liability arising out of any condition mentioned in a contract then such terms are known as express terms(Cui, Ge, and Jing, 2013). For an example an exemption clause to a contract refereed as express term which shall limit the liability arising out of contract.

From the above case it can be seen very clearly that a valid contract has been formed between 3 parties that is a valid contract has been formed between Zoe and all the three writer and a contract between Zoe and publishing company. Such case reflects that a breach of contract has been occur on the part of 5 star but here in this case the publishing company shall not be held liable for any kind of breach of contract with the parties because when the formation of contract is being taking place in between the parties then certain terms and condition are being expressly stated in the slip which was teared off to the writers.

Case law: Poussard V Spiers (1876) 1 QBD 410 Bettni V gye 1876 QBD 183 Get Plagiarism free document for your contract law assignment help in UK to secure dream grades.

The case is about Zoe who had a lifelong dream or starting up an anti-establishment publishing company that is Black Fish. She so not have proper information and idea to make her dream fulfil. However, she found a small attic office and started her operations and also paid rent(Willmott, Christensen, and Dixon, 2013).

As a promotional technique, she started distributing leaflets to radical book stores, universities and to cafes. As an outcome she found a person named Rom who was willing to print his book. Zoe went through the concept of book and she loved it and agreed to print 5000 copies. In order to completed the agreed negotiation, Zoe visited local London printing organization and that is 5 Star Prints. Negotiation took place and cited firm agreed to reduce their standard price. In this context, they agreed on printing 5000 books for £15000. As a result, Zoe agreed on the offer given by 5 Star Prints over the book for the topic of “How to cope with student poverty in austerity times”. In this context, she pays the deposit and signs the slip. The slip on which signature was done included all subject to 5 Star Print conditions and terms. Then, two new writers come up with a new concept(ICAEW, 2007). Zoe when through the book and loved it. Al who is one of the writer, Zoe develops a new agreement in which the deal was made and 5 Star Prints agreed to print 5000 copies for Al's book. The book that Al wanted to print consist of high resolution images and similarly like the previous time Zoe signed up the slip. On the other hand, Kumari who is another writer that was identified by Zoe come up with “Environmental Insurrection”. She insisted that her book should be printer with 100% recycle paper and gave the threat of catastrophic climate change. In this context, Zoe rushed to 5 Start Print and the manager agreed to print books for £15,000 and he assures that they have high environmental policies. Then Zoe pays the deposit but she forgets to sign up the tear off slip.

Zoe decided to open up special bottle and also invited all the authors. The first box was opened and that was of Rom who wanted to print for “How to cope with student poverty in austerity times”. When every one when through the book, it was found that the book was badly scuffed from edges and from the inside there was many pages which were crumpled and this made it impossible to sell. Further, things when on worse for Kumari when her box was opened.

On the front page of her book, it stated that the book was produced from 100% un-recyclable material. Further, it also included that about 1 Acre of Amazonian Rainforest was used to produce the book. Lastly, when box was opened up for Al which was for “Rock and Roll and Revolution”, it was found that books were is good condition and it also had high resolution Get Plagiarism free document for your contract law assignment help in UK to secure dream grades.

pictures but at the top of book one invoice was found that ÂŁ25.00 per book for including high resolution images. Zoe got highly upset and the part of work that was done was not acceptable.

Zoe calls up the manager of 5 Star Print in order to get explanation for poor quality of the book of Rom. Kumari books did not use recyclable materials and the reason for taking additional fees for the book for Al(Witte, 2012). The manager tries to explain that there are cases in which sometimes books get damaged during the process of printing. No one actually cares about Amazon since 90's and the additional fee is the standard rate for high resolution pictures. After this Zoe got anger and she shouted on the phone that she will sue him for the breach of contract.

Next day there was letter received to Black Fish saying there is no legal action can be taken due to companies terms and conditions. These are as follows: 7. Any liability will not be accepted and they will also not provide any assurance for the final publication for the quality, size of paper, type of color, image and photograph. Further, it also includes the number of copies in the given period.

8. High resolution images are additional fee as per the discretion of 5 Star Print.

9. There is strict policy for environment and they make use of 100% recyclable materials where ever is necessary. Firm does not reserve to use non recyclable material according to their will.

1st contract when zoe decided to open his own publishing company, the very first contract has been made between Zoe and Rom. It was decided in the contract that Zoe agrees to publish book for 5000 copies for which he has visited a local printing company 5 star. Here another contract has been formed between 5 star company and Zoe to Print 5000 copies at 15,000 Euro after certain negotiation. When the deliver of Rom books arrive it has been seen that cover pages of all the books were teared and they were not proper(Li, and Freeman, 2015). In this case a breach of contract has been occurred on the part of 5 star and company shall be held liable for any kind of payment of damages as it was clearly written in the terms and condition of 5 star payment slip that in accordance to the agreement made by any party, they do not accept any liability if the final copy of books are arising not in good quality in terms of font, type of color, size of paper, photographs and image and number of copies in a given period of time but here when the final copes arise the pages were crushed and scuffed which makes it enable to sell. In the terms and condition of a contract, it was written no where the 5 star company shall not be liable if the pages of books are crushed of scuffed hence the company shall be held liable for the breach of contract Get Plagiarism free document for your contract law assignment help in UK to secure dream grades.

as no proper services has been provided and it is clearly seen that a breach in the condition of a contract occur in this(Appleman, Appleman, and Holmes, 2015).

2nd Contract another contract which is being formed between Al and Zoe regarding the publication of book. He wants to publish a book which will constitute of high resolution pictures of Rock and Roll stars in revolutionary poses. Zoe further made a contract with 5 stars regarding the printing of high resolution pictures. An order for the publication of 5000 books is being made to 5 star company. It has bee further seen in this case that when the box of Al arise it has demanded for some extra payment of money(Ndekugri, and Rycroft, 2014). Zoe made an allegation on 5 star company that they have breach the contract. But in this case no breach of contract has been occurred on the part of 5 star as it was clearly stated in the terms and condition of the agreement that when ever the publication of any book include high resolution images then an additional payment has to be made by the party. Such additional fee shall be unrestricted. So it is very clear that a condition is being already mentioned by 5 star and such condition is accepted on the part of Zoe as he has teared the slip off and give it to Al. Hence in this case 5 star company shall not be held liable for any kind of damages occurring out of breach of contract.

3rd contract The last contract in which Zoe entered is made between her and Kumari who is again a writer and wants to publish her book. While the Kumari went for publishing her book, she clearly mentioned that the book shall be made of 100% recycled paper. When the stock of book came back from the printing company it is very much clear that a use of non recycled paper has been used by printing company. But in this case also 5 star company shall not be held liable for the usage of non-recycled paper as it was clearly stated by the manager of 5 star company that they have some environmental policy included in terms and condition of an agreement made between the party(Hall, Howells, and Watson, 2012). The environmental policy of 5 star company stated that they have a strict environmental policy and where so ever it is necessary, the company will try to use 100% recycle material. In order to giver consideration regarding the safety of environment, the company shall try to use recycled material to the last extent possibility. The environment consideration shall be carry out through out an agreement. The policy does include an right to reserve in which they can use non recyclable material where they prefer. Hence in this case 5 star company shall not be held liable for any kind of damages to be Get Plagiarism free document for your contract law assignment help in UK to secure dream grades.

paid to Zoe as an express term is already mentioned and clearly stated by manager of the company regarding the environmental policy.

Therefore, it can be recorded from the above case that 5 star company shall not be held liable in the case where the contract has been made to publish book of Al and Kumari as an express terms is already mentioned in formation of contract(Smits, 2013). Where as on the other hand, company shall be held liable for the breach of contract regarding the publication of Rom books as no exclusion clause of limiting liability was made regarding scuffed and crushed pages of book(Abdi, and Aulakh, 2012).

CONCLUSION It shall be concluded from the above project that when the formation of a contract takes place between two parties then it is very much important to include all the essential elements in the formation of a contract as well as the key principle of contract is the terms to be included in the agreement. It has been further explained in the project that there are basically 2 types of terms that is implied and express and when such terms are not fulfilled by the party, it will result into breach of contract. The project has presented a right example of Zoe in which breach of contract was occur due to terms to be included in contract. The project made it very clear that Terms in a contract will raise contractual liability on to the parties.

REFERENCES Books and Journals ⚫ ⚫ ⚫ ⚫ ⚫ ⚫

Abdi, M. and Aulakh, P.S., 2012. Do country-level institutional frameworks and interfirm governance arrangements substitute or complement in international business relationships?.

Journal of International Business Studies. 43(5). pp.477-497.

Appleman, J. A., Appleman, J. and Holmes, E. M., 2015. Excuses for Nonpayment and Defenses to Actions for Premiums (Vol. 5). Appleman on Insurance Law and Practice.

Byrd, B. S. and Hruschka, J., 2012. Kant's Doctrine of right. Cambridge University Press.

Cui, F., Ge, Y. and Jing, F., 2013. The effects of the Labor Contract Law on the Chinese labor market. Journal of Empirical Legal Studies. 10(3). pp.462-483.

Eidenmuller, H., Jansen, N. and Wagner, G., 2012. Proposal for a Regulation on a Common European Sales Law: Deficits of the Most Recent Textual Layer of European Contract Law, The. Edinburgh L. Rev.. 16. pp.301.

Furmston, M. P., Cheshire, G. C. and Fifoot, C. H. S., 2012. Cheshire, Fifoot and Furmston's law of contract. Oxford University Press.

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Hall, E., Howells, G. and Watson, J., 2012. The Consumer Rights Directive–An Assessment of its Contribution to the Development of European Consumer Contract Law. European Review of Contract Law. 8(2). pp.139-166.

Han, S., 2013. Principles of Asian Contract Law: An Endeavor of Regional Harmonization of Contract Law in East Asia. Vill. L. Rev.. 58. pp.589.

Li, X. and Freeman, R. B., 2015. How does China's new labour contract law affect floating workers?. British Journal of Industrial Relations. 53(4). pp.711-735.

Ndekugri, I. and Rycroft, M., 2014. JCT98 Building Contract: Law and Administration.

Routledge.

O’Connor, E. O. H., 2012. The limits of contract law harmonization. European Journal of Law and Economics. 33(3). pp.505-519 Smits, J., 2013. European Private Law as a Mixed Legal System: towards a Ius Commune through the Free Movement of Legal Rules. Law Ukr.: Legal J., p.133.

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Somma, A., 2013. Private law as biopolitics: ordoliberalism, social market economy, and the public dimension of contract. Law and Contemporary Problems. 76(2).

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Vogenauer, S., 2013. Regulatory competition through choice of contract law and choice of forum in Europe: Theory and evidence. Regulatory Competition in Contract Law and Dispute Resolution, CH Beck, München. pp.227-284.

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Willmott, L., Christensen, S. and Dixon, B., 2013. Contract law. Oxford University Press.

Witte, J., 2012. From sacrament to contract: Marriage, religion, and law in the Western tradition. Presbyterian Publishing Corp.

A Sample Report on Contract Law Problems

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