A Contract Beatson, in Anson's Law of contract, defines a contract as 'A legally binding agreement made between two or more persons, by which rights are acquired by one or more to acts or forbearances on the part of the other or others.'[1] In simpler terms a contract is an agreement made between two or more parties who intend that the agreement will be legally binding. The essential elements of a contract are, offer, acceptance, intention to create legal relations, capacity, form and legality.
For a contract to be valid there must be an agreement and an offer between the two parties
In...show more content...
Julia reply's that the item is not a sale item and she refuses to sell the item to roger for ВЈ25.
The sign displayed was an 'invitation to treat', were Lord Parker stated:
'It is clear according to the ordinary law of contract that the display of an article with a price on it in a shop window is merely an invitation to treat. It is in no sense an offer for sale, the acceptance of which constitutes a contract.'[2]
In the above case for a contract to take place there must be an offer and an acceptance. It is clear that Electrical World was not making the offer, where customers have been invited to make offers, an invitation to treat. It is obvious that the sign Roger saw, which stated 'last few sale items all ВЈ25 or less' was an invitation to treat. It is clear in the case that Roger was making the offer by taking the item to the counter, with an intention to pay ВЈ25, so Roger made an offer as he took the item to the counter, so Roger is the offeree. And the sale assistance Julia is the offeror on behalf of Electrical World.
Julia made a counter offer[3] by destroying Rogers offer. Julia destroyed the offer when she requested ВЈ75, and Roger refused to pay. This rejection was in the response of a different price, instead of the price that Roger
Issue "The mere existence of the core elements of offer, acceptance, and consideration will not guarantee a legally enforceable contract". Discuss. A contract is an agreement which normally consists of an 'offer ' and an 'acceptance ' and involves the 'meeting of the minds ' or consensus between two or more parties with the intention to create a legally enforceable binding contract. Therefore in this essay, the four core elements needed for the formation of a contract such as offer, acceptance, and consideration and intention to create legal relations will be discussed briefly. Offer An offer is a proposal whereby the parties are willing to contract on a specific set of terms, made by the offeror with the intention that, if the...show more content...
The case regarding the nature of such consideration is Chappell v Nestle which expressed the view that a 'peppercorn ' could constitute valuable consideration if stipulated by the promisor, even if the promisor was not fond of peppers and would discard the corn. Past consideration is not good consideration as consideration must come into existence either with or after the promise. Where the stipulated consideration predates the promise, it will not be considered good consideration. Therefore in, Roscola v Thomas [1842], the promise was not binding because the only "consideration" provided for a promise about the soundness of a horse was entering into the original contract which had occurred before the promise was made. 'Existing Public Duty' is one situation where no consideration occurs when the promisee is already under a public duty to perform an act and the same act is purported consideration. In Glassbrook Bros Ltd v. Glamorgan County Council [1925], the police were providing protection over and above what is considered legally effective and therefore due to the sufficient consideration the mine owners should honour their promise of payments. The next situation for insufficient consideration where there is no detriment would be 'Repeating an existing duty owed to the promisor'. In Stilk v Myrick [1809], the remaining crew of sailors did what they were contractually required to do and therefore there was no consideration for the
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CPCCBC4003A Select and Prepare a Construction Contract Marking Comments Assignment 1 An excellent submission, Welcome to this subject, a good start to this subject with this first assignment. My name is Cliff McSorley; I will be marking your assignments for this subject. Part 1 Good analysis and detailed response to both parts of this question. This is quite a problematic question, it would be something you would most likely do with the assistance of a solicitor, however you do need to be aware that changes to a contract is a difficult task and in my opinion always stick with the tried and tested standard contacts. Contracts provided by industry association have been tried and tested in the courts over many years and...show more content...
This time line would judge as what a reasonable time frame for carrying out a job would be. This would be judged on a job by job basis and things like the detail, materials, ease of access and size of the work would all need to be taken into account. The contractor was seen to be progressing the job at a reasonable rate in respect to his resources (eg. size of the company) throughout the construction process, failure to do so would be consider to be a substantial breach of contract. e) in respect of clause **, knowingly providing documentary evidence containing an untrue statement. Well answered. Part 3 1) Recommend two (2) different types of contracts for the following types of projects 2) Two well selected contracts, for each project. 3) Using your recommendations above propose what contract would you use and give reasons why for the following projects also identify statutory and legislative requirements of using these contracts. Excellent choice and discussion again with very good explanations on why you have chosen each contract and details of statutory and legislative requirements included to further justify your decisions 4) Describe the process of creating a contractual situation from the point of submitting a Tender to signing a contract and identify each step using construction terminology. For each step also identify using the legal terminology. Well stepped through with good details on legal terminology. An
Contract Law A contract, by definition, is an agreement by two or more parties, which is intended to be legally binding and supported by consideration. All contracts must have these three elements present for it to qualify as a proper contract in the eyes of the law: offer and acceptance, consideration, and intent to create legal relations. First, we will examine the first part of what constitutes a contract, the offer and acceptance. An offer is a statement said from the offeror to the offeree stating that he would like to formulate a contract between the two parties. The offer must include something specific, and which has value, either monetary or otherwise between the parties. An offer must...show more content...
An agreement is not enforceable unless the parties intended it to be legally binding. For contracts to be binding, they must adhere to this rule. This is because contracts are very serious business, and one must not go into them fool heartedly. There are however presumptions regarding this element. First, it is understood that domestic agreements cannot have intent to create legal relations, unless expressively said. Families are an institution and they must be kept sacred and not be bothered with the legalities of court proceedings. There are however some exceptions to this rule. For instance, the case of Merritt vs. Merritt shows that there could be intention if both parties expressively showed it. Since the husband signed the paper that contained the terms of the contract, this was deemed to be legal, and thus a contract between the two was formed. This was done when the husband signed the paper promising what he had said. It is also understood that in a commercial agreement, the intent is automatic. This is evident in the case of Carlill vs. Carbolic Smoke Ball Co. In an advertisement, Carbolic Smoke Ball Co. stated that if anyone caught the common cold after buy and using the smoke balls as directed, they would give 100 £. The company then deposited 1,000 £ in a bank to show their seriousness. Carlill used the product and was not cured, then sued the company. The company's
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Contract Law
1.On 2nd January 1999, Sarah reads in a local newspaper, "The BrightonBugle", that a well known local sports enthusiast, Mick Muscle, was offering ВЈ5,000 to the first person to swim from Southsea to the Isle of Wightbefore 10th January, 1999. Sarah, a keen swimmer, set about her preparations. On 6th January, 1999, a retraction appeared in "The Hove Herald' stating that Mick's original offer was cancelled and, instead, the prize was now to be ВЈ500 to the first person to cycle from Brighton to Oxford before 12th January, 1999. Sarah was a regular reader of "The BrightonBugle" and no other newspaper. She did not see the retraction in "The HoveHerald".
On 9th January, Sarah went...show more content...
On appeal, the advertisement was held to be an 'invitation to treat', since it was necessary to protect the advertiser from liability in Contract should demand for the advertised goods exceed supply.[3] As a result, the appellant's criminal conviction was quashed.
In contrast, advertisements may sometimes be construed as being an offer if they are of the unilateral type, where one party promises something in return for the specified act of another. The general rule in Contract Law is that acceptance must be communicated to the offeror, but in unilateral offers, performance of the specified act constitutes acceptance [4]. In Carlill v Carbolic Smoke Ball Co.[5], the defendants advertised that they would pay ВЈ100 to anyone who contracted influenza after using their smoke ball for a specified period, and that ВЈ1000 had been deposited in a bank as proof of their sincerity. Mrs Carlill bought and used the smokeballl in accordance with the manufacturer's instructions but then contracted influenza, so claimed her reward. The defendants claimed that the advertisement was an
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Contracts A contract is formed between two or more parties. In order for a contract to be legally binding there must be offer and acceptance. This simple basis for a contract is not as clear cut as it first appears. In certain circumstances it is often necessary for the two parties to the contract to communicate via post or by other indirect means. This practise gives rise to the problem of whether an acceptance is given when it is posted or when it is received....show more content... telephone or face to face). The postal rule is in place to deal with a problem caused by the circumstance of postal or 'long distance' contractual agreements. The case of Entores Ltd v Miles Far East Corporation[2] is an important case when considering the postal rule and its application. The dictum of Denning L.J suggests two important facts; firstly, a contract made by post is complete as soon as the letter of acceptance is put in the post box. Secondly, the communication of acceptance by means which are "virtually instantaneous" is distinguishable and must "stand on a different footing"[3]. Several examples of circumstances are given by Lord Justice Denning in his ruling. He gives the telex example in which it is clear that if the acceptance is not communicated due to intervening circumstances then it is the duty of the party accepting the offer to ensure that there is acceptance is properly received. Only if A believes his acceptance has been received and it has not, due to a problem at the offeror's end is the offeror bound. It is his own fault and he will be estopped from claiming he did not receive the message. One important point to consider when discussing email communication is the fact that it is often the case that emails are not received instantaneously. It can sometimes be the case that a message sent via email can take hours and
Contract Law Bingham LJ's statement expresses well the purpose of the doctrine of frustration which is to moderate the general rule, as expressed in Paradine v. Jane (1647), that, unless they have been expressly qualified, contractual obligations are absolute. It does not tell us much about the underlying principles of the doctrine. How and when does it apply and what are the effects? Contract law needs certainty and a doctrine that excuses parties from the performance of their obligations must, by necessity, be restrictive and unambiguous. By concentrating on the object of the doctrine, however, the author reflects accurately the courts' modern trend of relying less on an abstract theory...show more content... As a final blow to Paradine, the House of Lords in National Carriers Ltd v Panalpina ltd [1981] decided (obiter dictum) that a lease of land could be frustrated. The implied condition principle was however showing signs of strain. It is for instance difficult to reconcile the decision in Herne Bay Steamboat Co v Hutton [1903] with Krell. In the former the court decided that the contract did still have some purpose as it was still capable of some performance, when it is obvious that the object of the contract was in both cases the review/parade that went with the coronation. The court should have taken a more detached and objective view of the contract without attempting an artificial separation of motive and object. The subsequent criterion of the contract becoming "radically different" from what the parties originally intended, as in the Metropolitan Water Board case, or the "different adventure" factor in the Jackson case, marked a different, more practical and just approach. The doctrine had to be restrictive however and during the closure of the Suez Canal in 1956, the courts were reluctant to apply the "different adventure" approach unless the contract was very specific. Difficulty of performance
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DETERMINING PAST PERFORMANCE VERSUS EXPERIENCE
Contracting Officers within the Federal Government are tasked with negotiating contracts for goods and services with the contractor that is best able to satisfy that particular requirement in terms of quality, timeliness and cost. Best value analysis strives to applygood business judgement to making source selection decisions. It seeks to isolate technical differences between proposals to determine which offer represents the best value to the customer. TheFederal Government is steadily moving away from awarding contracts purely on the basis of low price and opting to employ evaluation factors such as past performance, management capabilities and technical superiority. Confidence...show more content... In addition to looking at workmanship, past–performance evaluations also include judgments on an offeror's reputation for cooperative behavior. Past performance may pertain to any number of things such including:
(1) Quality of supplies delivered or services rendered, in terms of compliance with adequate specifications and statements of work;
(2) Timeliness of performance, taking into account all excusable delays;
(3) Price, in terms of initial reasonableness and control of exigencies (i.e., changes and claims);
(4) Reasonable compliance with other contract terms and conditions;
(5) Effective management of the administrative aspects of performance, such as communicating and performing routine clerical tasks;
(6) Cooperation with, and assistance to, the customer in routine matters and when confronted by unexpected difficulties;
(7) Business integrity;
(8) Breadth;
(9) Depth; and
(10) Relevancy.
Although it is safe to assume that most contracting professionals would consider that experience relates to "what" a contractor has done and past performance relates to "how well" the "what" was performed. The federal procurement regulation does not
specifically differentiate between experience and past performance. In Nash (2001) it is argued that "experience is sometimes ignored and, when considered, has often been
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Contract Law Case Study Both the parties in the question have come to a problematic situation which is complicated to resolve. Friend's of the Forest (Friends), represented by Christabel, is involved in a commercial trade with Paper Supplies Pty Ltd (Paper) which is represented by Dee. A contract needs four essential elements to exist. In the situation, it is obvious that the four elements are satisfied. As the details are not fully provided, it is arguable as to when the contract was formed which will affect the legal rights and obligations of both parties. The first main issues to be discussed regarding the contract...show more content...
In the situation, regardless of whether Christabel has read the terms of the document, the signed agreement has been signed by her and therefore she is bound to it. A possible exception is that Christabel can argue that the contract was already formed after the negotiations and it was before the document containing the clause was presented. To prove this, Christabel has to prove that it was a fully oral contract which was formed right after the negotiations where the four essential elements of a contract already exist. Following that, Christabel has to argue that the document did not appear to be contractual. In D J Hill and Co Pty Ltd v Walter H Wright Pty Ltd, the negotiations were conducted entirely by telephone and when the goods were delivered, Hill's employee signed a form which contained an exemption clause. The document signed was regarded as a delivery docket and that when they signed it; all they were doing was acknowledging delivery. Christabel can argue that she was merely acknowledging delivery. Apart form that, issues in the contract involves both explicit and implicit terms as well. In the negotiation stage, Christabel explains the importance the high–quality recycled paper which is not treated with chemicals of the product to Dee. As Friends is an environmental organisation, it is essential that the products they sell are
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Law of Contract A contract is a legally binding enforceable agreement between two or more parties. Where an issue of a breach of contract arises in court, the court has to decide whether or not a contract has been made. To do this they must establish whether an offer has been made or whether it was simply an invitation to treat. If an offer has been made the courts must then look to establish whether there has been an acceptance.
An offer is a statement of willingness by one party to enter into a contract on certain terms made with the intention that it shall become binding on acceptance. Whereas an invitation to treat is an expression of willingness...show more content...
[1955] 2 QBD 327, and it is received at the place where the offeror happens to be. This comes from the case of Brinkibon Ltd v Stahag Stahl
[1983] 2 AC 34. As there was no paper in the fax machine, Jason never received this bid meaning that acceptance has not taken place.
At 10am on the 23rd November Martin handed a bid of ВЈ25,000 into the store. This acceptance was communicated by his conduct, that is, he handed in the bid to the store. This was established as a valid method of acceptance in the case of Carlill v Carbolic Smoke Ball Co. [1893] 1 QB 256. This acceptance was brought to the attention of the offeror and Jason is aware of the acceptance.
David phoned Jason and left a message on his answering machine making a counter offer. A counter offer rejects the original offer and introduces new terms to the proposed contract which is then capable of acceptance or rejection. This principle is illustrated in the case of Hyde v Wrench (1840) 3 Beav 334. There is a general rule in acceptance that acceptance must be communicated to the offeror and is only validly communicated when it is brought to the intention of the offeror. David stated that if he did not hear anything from Jason he would assume he accepted the
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