Freedom of Contract in English Law Essay

Contract is an agreement between two or more competent parties in which an offer is made and accepted, and each party benefits. No contract can come into being unless the following features exist: an actual offer, an acceptance, consideration (this means that each party will contribute something of a material value to the bargain) and an intention to create legal relations. The agreement can be formal, informal, written, or just plain understood. (a) For a contract to exist the offer must be made…

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…

Critique on “Damages” as a remedy for breach of contract under Indian, American, English and Chinese law. Project: Law of Contracts [pic] |Submitted to: |Submitted by: | |Prof (Dr.) Amar Singh | | |Principal Faculty, |Dheerak Kumar…

Bindley Court Court of Common Pleas Citation(s) (1862) 11 Cb (NS) 869; [1862] EWHC CP J35; 142 ER 1037 Transcript(s) Full text of judgment Judge(s) sitting Willes J, Byles J and Keating J Felthouse v Bindley (1862) EWHC CP J 35, is the leading English contract law case on the rule that one cannot impose an obligation on another to reject one's offer. This is sometimes misleadingly expressed as a rule that "silence cannot amount to acceptance". Later the case has been rethought, because it appeared that…

an era where the exercise of law of freedom were extremely restricted. In today’s English law, freedom of contract is one the foundation of contract law. The existence of freedom of contract requires three main considerations: the freedom to contract or not to contract, the freedom to choose with whom to contract, and the freedom to decide the terms of the contract. Thus parties are totally free to engage or not to engage in agreements. However, freedom of contract can fail to have the desired…

Contract Law Introduction In the following case note I will examine the High Court case; Smart Telecom Plc. V Radio Teilefis Eireann & Glanbia Plc. [2006] IEHC 176. The essence of this case is one involving a request for tenders put forward by RTE for sponsorship and the subsequent refusal of Smart Telecom’s referential bid thereto. The questions raised were (1) whether referential bidding was a permissible term of RTE’s offer and (2) if not, were they were obliged to re-tender the contract…

Contracts Summary DAMAGES – REMEDIES FOR BREACH OF CONTRACT THE INTERESTS PROTECTED Fuller and Perdue, “The Reliance Interest in Contract Damages” There are three principle purposes in awarding contract damages: restitution interest – object is the prevention of unjust enrichment by the defaulting promisor at the expense of the promisee reliance interest – object is to put the plaintiff in a good position as he was before the promise was made expectation interest – object is to put the plaintiff…

A Contract Confers a Benefit to Enforceable Party in the English Law A Contract Confers a Benefit to Enforceable Party in the English Law The Privity of Contract Introduction The privity contract is a doctrine originating from the common law, which only allows the party to a contract with obligations to sue either party. In this regard, the third parties to a contract have limited right because the contract is binding to the parties. This implies that considerations can only exist as promises…

General Introduction For parties to be bound by an agreement, it must first be determined if a prima facie valid and enforceable contract exists. A contract can be defined as an agreement containing promises made between two or more parties with the intention of creating certain legal rights and obligations and enforceable in a court of law [1]. For a legally binding contract to exist the following elements must be satisfied: 1. An offer must exist 2. The offer must be accepted 3. Consideration…

Law of Contract The word "Contract" means a legally binding exchange of agreement or promises between two parties which the law can enforce. Contract law is originated from the Latin phrase know as "pacta sunt servanda" means promises has to be kept. Any kind of violation of any kind of contract is fully recognized by any law of the land and the result of such violation can be provided. In general life, almost every citizen makes contract everyday. For example, when purchasing a house, written contract…