A Report On A Consumer Contract

A contract is an official agreement between two parties. There are different types of contract, such as sale and purchase of a business agreement, partnership agreements, lease of business premises, lease of plant and equipment and employment agreements. The format can vary too. It can be face to face, written, or distance selling. The specifications of a contract involve offer and acceptance, the intention to create legal relations, lawful considerations, capacity and legal formalities such as terms and conditions.

Contract law has set out to provide a healthy trade environment. Contracts are promises enforced by the law, with the support of something of value that has a legal purpose. It is an agreement between parties, formed by the elements: offer and acceptance, with all parties having the capacity to perform obligations enforceable by law. There are instances where the enforcement of a contract would bring about gains or losses to society and commerce.

Contracts are formal agreements between people or businesses however, there are many different types of contracts and many different parts to a contract. There are a couple of elements of a contract. First proposal of the contract is accepted than consideration of the offer. In addition to that, a contract must be for a lawful purpose and the adults must be of sound mind to consent to a contract. Lastly, writing some types of contracts must be in writing to be enforceable. There are two contract rules for governing the sales of goods and the sale of services. The Uniform Commercial Code (UCC) is the code used for the sales of goods. The sales of services is use common law to govern these contracts.

Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.

The Australian Consumer Law (ACL) was established to protect consumers in any legal trading activities in Australia. A set of guarantees has also been introduced for those consumers who are acquiring goods and services from Australian suppliers, importers or manufacturers. The guarantees are intended to ensure that consumers will receive the goods or services they have paid for. If they have problems with the products and services they bought, they are entitled for remedies, such as repair, replacement, and refund.

In s3 (1) and (2) of the ACL the meaning of consumer is set out. A consumer is a person taken to have acquired particular goods or services Personal

Overall in the briefing sheet I have made sure that all evidence is provided, also that a clear explanation is made of how a contract protects the consumer and what happens if that contract is breached. Mainly information is suggested on the different conditions made by the sales of goods act such as title, description, fitness for purpose and also satisfactory quality. Factors that invalidate contracts:

The consumer protection laws are of great advantage to customers as they enable fair treatment and good value to customers.

The way exclusion clauses are treated has developed over the years through case law and the courts, but their purpose remains the same: to exclude the contracting party of liability in the event that the contract is breached or problems are incurred during the time of the contract. Contracts are legally enforcing promises freely entered into by two or more parties. Over the past few decades, a conflict has emerged between the freedom for people to contract to any contracts they wish and interference by the courts and parliament. Classically, as long as the party has the mental capacity and is of legal age to contract, they may do so. However since the introduction of statutes such as the Unfair Contract Terms Act (UCTA) 1977 and the Unfair Terms in Consumer Contracts Regulations (UTCCR) 1999 this liberty has been reduce significantly. The UCTA and the UTCCR have caused much controversy and have been reviewed by both Law Commissions. Moreover, there is currently discussion within Parliament about the amendment of the existing legislation and introduction of the Consumer Rights Bill. However, this essay will discuss whether the interference resulting in different treatment for exclusion clauses was for better or for worse concentrating solely on the current legislation. These legislations focus mainly on exclusion clauses which in many cases they are not looked upon fondly by courts due to the potential for an abuse of bargaining power and unfair contracting. The first item to

Contracts are used in many different forms and for just as many different situations within our everyday lives. Some contracts are more involved than others and for some; contracts are an essential of their success. As we continue, we will take a look at different types of contracts with the main focus on enforceable contracts. With so many elements that are incorporated into any contract, the six essential elements of enforceable contracts will be the main focus of this writing. Having a clearer understanding of the essentials of life will help prepare us for life’s curves that may come our way.

There are two cornerstones of contract law: sanctity of contract and reasonable expectations of honest men. The former relies on the ideal that once parties duly and autonomously enter a contract, they are bound by and must honour the terms and obligations of the contract. This principle allows for commercial certainty, where parties are aware that non-fulfilment of obligations constitutes a breach in contract. The latter expounds beyond the strict obligations held under the sanctity of contract, and allows modification of contractual relationships to fulfil the expectation of honest and fair dealing between parties.

Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.

A contract is any legally binding agreement that is made between two parties. In the legal system an agreement must be between two people or more parties whereby the agreement must be entered voluntarily. In the agreement a lawful object must feature in and should create legal obligations which may either be one or more between the parties coming into an agreement. In the legal system, for a contract to become, it must involve two elements which are namely offer and acceptance. Therefore, the contract elements of offer and acceptance must be conducted by two proficient parties or people who have got legal aptitude. This is to ensure that the parties involved exchange deliberation in order to arrive at a

In contract agreements, terms are being designed to provide a stable formation. The protection of the parties guaranteed by the terms of the contract. In these binding terms, are listed all the duties and obligations of each party. This essay will first explore, the validity of the exclusion clause between Spinning Farm Limited (“SFL”) and Maz’s Supermarket by analysing the aspects of incorporation (by signature; L’ Estrange1, by notice; Olley2, Chapeltion3 and Parker4 and the course of dealings; Hollier5). Also a broad explanation of construction (Contra Proferentem rule; Houghton6) and statutory controls. Moreover, a formulation of an exclusion clause will be placed to protect the “Pick Your Own Strawberries” scheme of SFL from any future claims of consumers. Research into the Unfair Contract Terms Act 1977 (“UCTA”)7 and Consumer Rights Act 2015 (“CRA”)8 should be analysed. This essay will substantiate the view that the exclusion clause of the Spinning Farm Limited was unfair, therefore, a claim from Maz Supermarket would be entirely justified.

1. Advise on the types of commercial contract that businesses enter into on a day to day basis; 2. Advise on the terms needed in a sale of goods contract in order to protect the seller’s position in respect of price, payment and delivery; 3. Apply simple terms in a sale of goods contract dealing with price, payment and delivery; 4. Advise on the principal remedies available to the unpaid seller of goods; 5. Identify the terms which need to be included in a retention of title clause in order for it to work and also other terms which may be included, and advise on the effectiveness of the latter; 6. Advise on the practical application of a retention of title clause.