
Nov 14, · Contract Law and Communication. Discuss, with reference to court judgements, the extent to which “communication” in the law of contract is a vital component of both an offer and an acceptance. It is well established in contract law, that an offer and acceptance are prerequisites in the formation of a valid contract Law of contract Essay Example. EXERCISE 2: This exercise is about offer and acceptance. Harry drops by Mack’s house and finds him working on his old pickup truck in the driveway. Mack kicks the truck and exclaims to Harry, “This piece of Junk isn’t worth a tank of gas – you can have blogger.comted Reading Time: 2 mins Simple Contract: The contracts must be kept in written form so that both the parties fully understand the terms of the contract, which may give them a legal protection in case of breach of the contract or damages caused by the contracting party. It might be in written or verbal form
Economic Duress in a Contract Free Essay Sample
Any subject. Any type of essay, contract law essays. A contract refers to a voluntary agreement between two or more parties that is lawfully enforceable as a legally binding agreement.
There are various elements of a contract that must be met for any contract contract law essays be legally binding between the parties involved. These elements include; offer and acceptance, consideration, capacity and competency, contract law essays, mutual consent and writing requirement. The terms of a contract have specified meanings. Some contracts spell out the benefits that that are derived by third-party beneficiaries or instill requirements on third-party obligors.
Contract law also specifies the future performance obligation of a third party that must occur to satisfy the contract. The law also provides remedies and defenses for non-performance for the parties involved.
In addition, this paper will also decide whether or not there was a contract for the purchase of the automobile and also identify the facts from this scenario which support the decision on whether or not a contract exists for the purchase of the automobile.
According to Smith and Atiyah, for any contract to be legally binding, it must have the four elements of a contract. The first element in a contract is offer and acceptance. An offer expresses the willingness contract law essays an offeror to contract on a particular set of terms with the intention that in case the offer is accepted, he or she will be contract law essays bound by the contract.
On the other hand, an acceptance expresses an absolute and unconditional agreement with every term outlined in an offer.
In fact, an acceptance can be in writing or oral. Furthermore, contract law essays, another element of a contract that exists in this scenario is a consideration. A consideration refers to a promise of something that has a value that is provided by a promissor for the exchange of something of value provided by the promise. Moreover, capacity and competency is another element of a contract. According to Kronman, for any contract to be enforceable at law, the parties involved must have the legal capacity to enter into any contract.
As such, where the parties involved are natural persons, they must attain the majority age and must contract law essays be competent.
Jim and Laura and Stan have the legal capacity and competency to enter into a contract. Besides, writing requirements and formalities is another important element of a contract. A written contract must be signed by all parties involved. However, a contract may be oral. An oral contract can either be implied in facts or implied in law. In an implied in fact contract, the parties involved receive the benefit of the bargain. In relation to the elements of a contract, it is evident that there was a contract for the purchase of the automobile contract law essays Jim, Laura, and Stan.
Firstly, there is an element of capacity and competency in the contract for the purchase of the automobile. This is due to the fact that both parties are not minors and therefore have the legal capacity to enter into any contract Kronman, Furthermore, as natural persons with sound minds, Jim, Laura, and Stan are competent enough to enter into the contract for the purchase of the car.
Thus, this element proves that there was a contract for contract law essays purchase of the car. Moreover, the element of consideration also exists between the parties in the contract for the purchase of the car.
For one, each party in the contract received something for value. This consideration was sufficient and also moved from the promisor to the promisee, contract law essays. In addition, there was a mutual consent between the parties that prove that a contract for the purchase of the automobile exists between Jim, Laura, and Stan since the buyers agreed to pay the down payment which was then accepted by the seller.
Additionally, the contract between the parties existed since there were an offer and an acceptance of something of value. According to the law of contract, any agreement is legally binding and enforceable at law if there are an offer and an acceptance between the parties involved, contract law essays.
In sum, the contract for contract law essays purchase of an automobile exists between Jim, Laura, and Stan since the elements of a contract were met in the arrangement. The existence of an offer and an acceptance and consideration binds the two parties to the contract for the purchase of the car.
Also, the legal capacity, competency of the two parties and the existence of mutual consent between Jim, Laura and Stan proves that a contract for the purchase of the automobile exists between them as specified by law.
Hence, Jim and Laura are legally bound by the contract for the purchase of the car they entered with Stan. Remember: This is just a sample from a fellow student.
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Contracts Essay & Answer. Here the presses are goods, so the UCC, taken from the common law of contracts, would govern this transaction. The UCC has special rules applicable to merchants ; because Maker is in the business of selling and thus is in the business of buying printing presses, both are merchants, so the Special Merchant Rule, if (Contract Law in Perspective, John Tillotson pg). Economic Duress in a Contract Essay Example There is an economic duress exerted on a party when one party threatens to breach the contract unless the other party who is being threatened complies or renegotiates with him/blogger.comted Reading Time: 12 mins Contract In Contract Law. Part A Question 1 Step 1: Area of Law The area of law is focused on Contract Law in regards to the formation of a contract and specifically on the element of agreement for offer and acceptance. Step 2: Principles of Law A contract is a legally enforceable agreement between two or more parties
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