Commercial Law

RUNNING HEAD: COMMERCIAL LAW
Commercial Law
Name of the student
Name of the university
Author Note

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COMMERCIAL LAW
(a)
Issue:
The primary concern regarding the given case is whether the lawful contract was made by
Alan with Damien, Bernard and Charleen or not; the discussion will analyse further about the
durability of the mentioned claims.
The Rule of Law:
It was mentioned by McKendrick (2014) that in any contract the parties involved in
several conditions mentioned. Any parties need to provide the compensation creating the
breaching to aggrieved parties. A lawful contract consists of 7 essential elements that include the
acceptance, considerations, offer capacities, illegality, vitiating factors and lawful relationship
intention.
Acceptance is the expression of an offer to the agreement and contractual terms having an
understanding of several terms that defeat the involved parties, there is a presence of lawful
terms, the main crucial factor is the trust where the factor is about the agreements as mentioned
by Prof. Trecitel.
The offer and an invite to an offer are twofold different terms. The term invitation can be
explained as an invite provided to the parties, but they do not involve any lawful terms, they are
always found to be partial. An offer for a good’s sale includes the payment, date, price and mode
that makes up the process of delivery. It is said to be complete if an individual with a complete
and lawful mind considers it and they get involved in question of contract.

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COMMERCIAL LAW
It is well explained by an author Atiyah (2006) that acceptance is mostly final, it is an
expression stated as unequivocal and known to be final thoughts approving the terms that are
being forwarded by the other parties in a contract. Through the acceptance process the offeree
denotes his will to accept the several terms assigned contract forwarding by the other individuals
bound to the agreement. Of the legal acceptance does not take place the contract terms can be
said to be unbounded.
The offer acceptance will not compile the terms that were not present in the made offer
for starting it. It is decided that the acceptance said do not contain any terms to outmanoeuvre
and overlook the terms existing in the agreement. Unless and until there is a notification from the
offeror about the offer acceptance there will be an incomplete process. The process of
communication can be proceeded through a platform which will be found to be appropriate by
parties of the contract.
The capacity is a term that binds an individual into a contract that is lawful that includes
any person more than eighteen years of age or more than that and should have a sound mind. It
was explained by the author Chen-Wishart (2016) that the involvement of the parties' intention
for binding them in terms of contract in all the legal way is the ingredient that is underlying of
entering into the contract. When the presence of intention is not there the contract cannot be said
to be valid.
Application:
It is explained that an individual those are invited officially can accept it willingly, that
clarify the facts that Damien can’t be involved in the offer stated as he did not exist in the friend
list of Alan on a social networking site known as facebook. As an SMS was received by Alan

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COMMERCIAL LAW
and it was conducted by Damien, in this situation it cannot be considered as the invitation. It has
been observed further Damien’s call has been easily accepted by Alan and a product $200 was
offered, and it has been agreed by him. The payment of Damien was recorded according to the
date of 4th Nov. This easily proves the validity of the contract.
Charleen was in the education of a standard of ‘O’ grade and could not be involved in a
contract with Alan. It is observed further that Alan did not have any ICLR, as any intention while
any accent was made; therefore, the contract is to be ineligible and nonexistent. There was a
demand from Bernard for purchasing the product at the amount of $150, but the amount that was
offered to Bernard was $200. It is seen that the initial offer was rejected as it has been forwarded
by Alan. There was a reestablishment of the offer produced by Alan, and it has made it strong
that the price for the said products is $200. On the day of 4th November the new offer is being
accepted by Bernard according to the postal code; therefore, they strengthen the bound of the
validity.
Conclusion:
A lawful contract between Bernard, Damien and Alan the offeror. Therefore it is well
understood that Charleen will not be eligible.