Contract Law Essay

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An offeror will have made an offer where it appears to a reasonable person in the position of the offeree that an offer was intended.

The American Bar Association developed the Model Rules of Professional Conduct so that American lawyers can know the basic standards of legal ethics and professional responsibility. There are certain rules that would be most important to lawyers, and also for law firms. Rule 1.6 of the model rules involves confidentiality of information, and it is a vital rule to follow when dealing with a client that may-be guilty. Rule 1.9 of the model rules deals with the duties to former clients. Then

The offer and acceptance model is flawed- only an agreement is necessary. In order to fully comprehend this statement, we must first establish what constitutes and offer and what constitutes acceptance. “An offer is a statement by one party of willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by the party to whom the offer is addressed”. Acceptance is “…an unqualified expression of ascent to the terms proposed by the offeror”. The “Offer and acceptance model” is based on the court’s adopt the “mirror image” rule of contractual formation. Applying the definitions stated above, we can take this to mean that there must be a clear and unequivocal offer which must be matched by an equally

As a body the law commission is an independent, permanent and full time organisation where their aim is to improve the law by making suggested changes and brings it up to date. The law commission was created by the law commission act of 1965.

I, Chanel Arnolds, hereby declare that this assignment is my own work, except where I have clearly acknowledged the work off others by means of correct referencing techniques.

Chesire, G; Fifoot, C and Furnston, M. (2002) Law of Contract, 15th Edition, Oxford University Press

Contract Law The law of contract recognises that an agreement is dependent on consent and this, therefore, implies that an agreement obtained by threats or undue persuasion will be insufficient. Many contracts in practise involve a degree of 'arm twisting' and this raises the question as to what level of pressure is acceptable to exert over another contracting party? This problem is dealt with by the common law doctrine of duress and the equitable doctrine of undue influence. The courts have developed these doctrines over a long period of time and since the Judicature Act 1873 it has been the duty of all courts to administer both doctrines concurrently.

There are six elements of an enforceable contract and we will discuss one of them which is offer and acceptance. As we learned in the class offer and acceptance defined as a ' 'proposal made by one party to another party that designates a disposition to enter into a contract and a designation made by the offeree that he or she concurs to be bound by the terms of the offer ' '. This research, will discuss the requirement for a valid offer and acceptance, bid, advertising and public offer and termination of an offer.

This essay will be examining the areas of; invitation to treat, offers and acceptance, by carrying out an in-depth analysis on the scenario provided. The key aspects of the scenario that this assignment will explore, is whether Rhodri has entered into a legal binding contract with Daniel and whether he is entitled to claim damages for breach of contract (the failure by one party to uphold their part of the deal in a contract). That said, as a point of law, the participants must have reached an irrefutable and complete agreement. Moreover, communication effects this conclusion effectively, as a matter of law, both parties had to have reached a certain and absolute agreement. Under the rule of law, it would be impossible to identify if both parties have reached an agreement with the lack of miscommunication, misunderstanding and misinterpretation. Referring to the problem at hand, it is up to the Good Faith stipulation to determine this contract.

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I confirm that this assignment is the result of my own work, except where otherwise acknowledged with in-text citations and references.

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