Administration Of Contracts In Business Law. [Author Name(S),

1583 WordsApr 25, 20177 Pages
Administration of Contracts in Business Law [Author Name(s), First M. Last, Omit Titles and Degrees] [Institutional Affiliation(s)] Author Note Abstract Two parties may decide to form an agreement in concern for their business. And for that reason, each of them will leave saying that they have a deal. However, the law differentiates between enforceable agreements from mere promises. When parties present themselves to the court alleging that one of them refused to perform according to their agreements, the court looks at their promises and check whether all the elements of agreement exist. If they exist, then the court will enforce such agreement. Keywords: Enforceability, Offer, Acceptance, Consideration…show more content…
This case involved elderly relatives convincing a young couple to dispose their house and relocate with them. The elderly relatives promised them that they would give the young couple a share in their house in return. However, their relationship fell out, and the elderly couple dismissed the young couple. When the matter went to the court, the court rebutted the presumption given to the domestic agreements and held that the agreement was enforceable. Similarly, in the case of (Merritt v Merritt, 1970) the court rebutted the presumption both the husband and wife in had no intention to form a legal relationship in their agreement. So like this case, Brett should not assume that the court will be blinded by the fact that he was contracting with his uncle. The court will look at the subject matter of the agreement which is the ‘sale of a car. ' Question (b): Acceptance by Conduct The law of contract dismisses any thought that the acceptance can occur by the silence from the offeree. On the other side, it also explains to what extent a silence can indicate a sign of acceptance. However, it 's not a silence as such. It 's a situation where the offeree 's conduct demonstrates an acceptance of an offer. For instance, in (Brogden v. Metropolitan Railway Co, 1877), the court held that the plaintiff accepted the offer the moment he made the amendments and sent the draft to the defendant. Also, the court traced a sign
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