Law of Contract Essay examples

Firstly, we have to distinguish whether Jack makes an invitation to tender or an invitation to treat. According to Harvela Investments Ltd v. Royal Trust Co of Canada (CI) Ltd (1986), the usual analysis is that ‘an invitation to tender for a particular project is simply an invitation to treat. ' However, in the case of Harvela Investments Ltd, the invitation to tender is treated as an offer implicating legal obligations. I believe that Jack was making an invitation to treat rather than an invitation to tender, constituting an offer, for several reasons; firstly, the terms of the invitation are vague, with no specification of time for which acceptance of the ‘most competitive tender ' will remain open till; secondly, I infer that the lack

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

3. Third Possible Offer. Peters response to Don of "OK, that sounds great. I just need to inform my sister first before I can act on this. This decision affects her too. Can I let you know for sure tomorrow?" does not contain the required promissory language required to show intent to form a contract. He is simply relaying that he is taking Dons invitation for an offer under consideration and must communicate with his sister prior to a decision being made.

Moreover, as per Denning LJ, in Storer v Manchester City Council heard in the House of Lords, one does not look into the mind or intention of an individual to enter a contract, but in what “he said and did” which resulted into the formation of a contact. (Denning, LJ, 1974) Based on the Adams v Lindsell case, that was heard on June 5th 1818 in the Court of Kings Bench, one can conclude that a contract has been formed when the letter was posted by Albert. Furthermore, as per section 4 of the Sale of Goods Act 1979,a contract is “made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties” (parliament.uk, 1979)

Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and

Pat was very frustrated because she wanted to purchase a home but lacked the funds or credit to do so even though Pat was expecting shortly to receive a one-half million dollar final installment payment for some land she sold several years earlier. Dan knew that Pat was very interested in purchasing a home and approached Pat with a proposal to assist Pat in buying a home. Dan told Pat that he would help Pat with the financing. After finding the home she wanted to buy for $250,000, Dan and Pat orally agreed that Dan would purchase the home and "when you come up with the money, I (Dan) will sell it to you (Pat) for $250,000 plus a fair commission to be determined."

Lord Denning holds the opinion that “…it is a mistake to think that all contracts can be analyzed into the form of offer and acceptance…” He gives his support of the statement above and echoes these sentiments in the case of Butler v. Ex-Cell-O Corporation (England) Ltd (1979). He believes that the “…better way is to look at all the documents passing between the parties and glean from them or from the conduct of the

In order for a contract to be considered valid four elements must be present, 1) Agreement 2) consideration 3) contractual capacity and 4) legal object (Kubasek, N. 2011 pgs. 304/305).. In Sam’s case of his invention, the first element, Agreement, certainly exists. Sam had made a verbal “offer” to deliver one thousand units to the chain store, and the stores letter to Sam demanding delivery of the product can be considered an acceptance of his offer. The second element of a contract is the consideration or the bargained for exchange under the contract (Kubasek, N. 2011 pg. 343). While one might assume that in this situation each party had agreed to exchange something for others services, there is no evidence

After I, again, emphasized that 9 million dollars would be kinda pushing my budget, Charlotte offered to lower the price to 8.5 millions dollars. Meaning, I was not the one that introduced the lower price, it was actually Charlotte after I indirectly (?) bargained by merely acting as if though I was uncomfortable with spending 9 millions dollars (although, again, I mistakingly was not).

For there to be a binding agreement between Dr Hu and Riversong Mediquip, two factors must be present, these factors are and offer and acceptance. An offer can be defined as a willingness to enter into a bargain and in doing so does justify another person an understanding that his/her assent is invited and will conclude the bargain. Heydon JA suggested that an offer must ‘take form of a proposal for consideration which gives an offeree an opportunity to choose between acceptance and rejection’ .The offer in this scenario was made by Riversong Mediquip to sell Dr Hu medical equipment as was depicted in a previous correspondence between the parties. The

The Legal Studies Academy is the right fit for me because of it’s focus on legal and ethical issues. I believe that this academy will prepare me best for post-secondary education and allow me to explore different law-related careers. I am very interested in the way that legal studies are infused into units in the core subjects. I would be very excited to be able to focus on these issues that I’m passionate about, across different subjects.

The faultlessness of an offer suggestion, its execution, and winning refined through exchanges. Among various talks, it is critical to making a sensible pick and strategy to win the contract and to reveal

Owen ( 1998, pg50) writes that “all simple contracts must have consideration given by each party to the other as the price of each other 's promises. It may take the form of money, goods, services, promises not to sue etc.” For example party A must receive something from party B, in return for party A providing something to party B. However McKendrick (2007, pg88) states that “consideration must be sufficient but does not need to be adequate”, meaning for example something must be offered to the other party in return to satisfy the rules of consideration, but does not need to be of an equal value as

The given scenario pertaining to, the existence and legal obligations of a contract between Margaret and Emily, raises question upon certain aspects of contract law. Those being, intention, consideration, contractual capacity and equity. Bellow will be a detailed analysis on the issues raised, legal reasoning and interpretation of the issues as to advise Emily on how to resolve this domestic dispute.

A Contract requires several elements in order to be considered enforceable. However for the purpose of this essay we would explore one of these elements in order to effectively understand the controversial cases of Williams v Roffey Brothers and Nicholls (contractors) Ltd (1990) and Stilk v Myrick (1804). Before going any further one should briefly understand the doctrine of Consideration. Despite the vast amount of content written, the doctrine of consideration is still to this day unclear due to the inconsistency of the courts and its application of necessary rules. Consideration refers to that which the law deems as valuable in that the promisor receives from the promise that which was promised. In other words, it is the exchange of something of value between the parties in a contract. One should be mindful that in English law, every promise may not be legally enforceable; it requires the court to distinguish between are enforceable and non-enforceable obligations. This brings us to the controversial cases of Stilk v Myrick and Williams v the Roffery brothers. Many argue that that the case of Williams was wrongly decided leading to impairments in the rule initially established in Stilk v Myrick. This essay seek to analyse and critique the cases of Stilk v Myrick and Williams v Roffey Brothers and also highlight whether or not the new rule of Practical benefit lead to serious impairments in later cases.