A contract is a legally binding agreement or relationship that exists between 2 or more parties or don’t want form a legal relationship between 2 parties. A contract can be defined as a legal binding between 2 or more parties within their promises that the law will enforce. For a contract to be an offer, it must be made by the acceptance by both parties which it must contain consideration.
An agreement can be form by written, oral and persuade to enter the agreement by his willingness. All agreement are not contract because agreement don’t have to binding to a legal contract. The first element is offer; an agreement set up when one party accepted another party’s offer. Adams v Lindsell , the fact of the case is defendant wrote a letter to…show more content… Paul Felthouse and his nephew had been negotiating for Paul to buy one of John’s horses, but confusion with the price. Paul wrote that he had agreed with 30 guineas and you said the horse was mine once I agree. John did not reply him, but he had instructed Bindley to keep back the horse because it had sold. Bindley forget and sold it. After this happen, Paul sued Bindley.
In my opinion, Paul had won in this case because John have accept Paul offer and John had remind him that don’t sold the horse. This is Bindley careless and because of his carelessness he had been sued. Compare to Brogden v Metropolitan Railway Co and Felthouse v Bindley there have a same point both parties have accept the agreement but one is due to a person mistake made an agreement become not valid, then Felthouse v Bindley case’s defendant just finding a reason as ‘draft agreement’ is not legal contract to break this agreement.
Low Kar Yit & Ors. v. Mohd Isa & Anor this case is about defendant gave option to plaintiff’s to buy a piece of land. Defendant accept this offer and both of them want to form a formal contract that approval by court. After everything had done, defendant refused to sign this agreement, so plaintiff sued defendant due to damages for breach of…show more content… Other than that, silent not consider as acceptance because one of the party don’t give a respond on it. So we don’t know that do the party agreed or acceptance this offer.
Capacity in English law refers to the ability of a contracting party to enter into legally binding relations. If a party does not have the capacity to do so, then the contract are not valid. A minor, mentally disordered and misrepresentation person enter into a contract are incapacity but if opposite side know about it, this contract will be valid.. In the case Scarborough v Sturzaker , Sturzaker is a minor, he bought a new bike for work and the distances is about 15km. He traded his old bike and the down payment for the new bike.
Conclusion is Sturzaker can avoid entering to a contract, because he bought is a necessary item and not luxury item.
Next I would share a mantel disordered person entering to a contract. York Glass Co. Ltd V. Jubb , defendant contracted to purchase plaintiff’s company business. On the date of contracting, he was technically insane and shortly, then he was placed in a lunatic asylum. Plaintiff’s company sued defendant due to damage this