Precedent in the United Kingdom

Running head: CASE ANALYSIS
CASE ANALYSIS
Name of the student
Name of the university
Author note

CASE ANALYSIS1
Task 1
First case
Issue
The issue involved in the instant case is what is the legal position of the party who makes
an offer in the contract law.
Rule
The basic formation of a contract in the country of the United Kingdom involves an
arrangement between the parties to the contract that is enforceable in law. Therefore the
contractual rights, as well as liabilities of the distinct parties under the agreement, may
enforceable by the court1. The court insists on the conduct of obligations that are guaranteed
under contract by the defaulting parties or award compensation in the manner of damages for
violation of contractual terms. Therefore for the formation of a contract involves consideration,
acceptance, offer as well as the intention of the parties. In general, the negotiation is arrived in
between the parties prior to the binding of contract, and therefore there is the formation of the
contract2. It is significant to note that to determine the moment where there is the formation of
1 Andrews, Neil. Contract law. Cambridge University Press, 2015.
2 Poole, Jill. Textbook on contract law. Oxford University Press, 2016.

CASE ANALYSIS2
the contract the parties assume the obligation as well as the risk of obligation in case the
contractual terms are breached. Therefore under the common law, the rights, legislations, and
protection are formed by the decision of the court. The common law has its foundation in
precedent, and therefore the judges follow the decision of identical cases to form just, consistent,
and fair structure3. The essential factors of the valid contract involve proposal as well as
acceptance, consideration, capacity, free consent, registration, and writing. In addition to that
legal relationship, certainty, probability of performing, legal enforceability. The offer made by
the offeror is the expression of willingness to enter in agreement that is enforceable by law. The
offer comprised of specific terms and conditions. The offer in order to be binding requires to be
specific, complete, full, and capable so that it can be accepted. The offer can be implied from the
performance of parties. The acceptance in the contract is required to be unqualified and final of
all conditions that is enumerated in offer. The acceptance is required to be made without
alteration of the conditions of offer. In case new terms is introduced by the parties or the
variation of existing terms is made, it would be treated as a counteroffer. The impact of the
counteroffer is the refusal of the existing offer4. If the terms that are enumerated in the
counteroffer is accepted by the party who made an offer, then it becomes a binding contract for
either party. Email and other forms of electronic communication have been accepted in recent
3 Adriaanse, Mr John. Construction contract law. Macmillan International Higher Education,
2016.Beale, H., Beale, Hugh, et al. Cases, materials and text on contract law. Bloomsbury
Publishing, 2019.
4 Cartwright, John. Contract law: An introduction to the English law of contract for the civil
lawyer. Bloomsbury Publishing, 2016.

CASE ANALYSIS3
times as the fundamental method of communication. If the agreement is concluded in the
absence of intention of contractual parties, then it will not be deemed as legally enforceable.
The legislation refers invitation to treat as an invitation that is made by the offeror
through advertisement to the general public. The offer can be to sell a particular item, and the
offer is not made to any particular individual but to the general public.
Analysis
In the instant case, Geraldine wants to sell renaissance literature and want to advise
relating to his legal position in the contract. Geraldine expresses his intention to sell through
advertisement, which is regarded as the intention to sell. In the similar case of Fisher v Bell
[1961], 1 QB394 is the case-law of the contract under common law relating to the requirement of
valid offer and acceptance. It is held in the case that there is a formation of the contract once the
terms of the offer are accepted by other parties. The legal position is that when the terms of the
offer that is expressed by Geraldine through advertisement si accepted unconditionally by the
other party. Then the offeror is bind by the contractual obligation
Conclusion
Therefore Geraldine is bind by the contractual obligation if the terms of the offer are
accepted by other parties without making a counteroffer. Prior to that, the Geraldine is not
binding bu the terms of the offer expressed by him.