Report on Aspect of Contract Law
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Added on 2019-12-03
Report on Aspect of Contract Law
Added on 2019-12-03
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ASPECTS OF CONTRACT
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1TASK 1............................................................................................................................................11 Essential elements for the formation of valid contract........................................................12 Types of contract.................................................................................................................23 Different terms of contract that can be included in a valid contract...................................3TASK 2............................................................................................................................................41 Drafting the simple contract for the purchase of product which is being advertised by BellaUK..........................................................................................................................................42. Writing the report to Mr. Michael Hair the owner of Hair 4 U..........................................4TASK 3............................................................................................................................................51. Difference between contract and tort liability....................................................................52. Development of the concept of duty of care......................................................................63. How business can be held vicariously liable......................................................................7TASK 4............................................................................................................................................71. Drafting the short letter to Brad..........................................................................................72. Answering the questions as per given scenario..................................................................8CONCLUSION................................................................................................................................8REFERENCES................................................................................................................................9
INTRODUCTION Contract is the legal or contractual relationship which is formed between individual andparty (Contract meaning, 2015). The contract binds people into lawful agreement which needs tobe followed by respective parties. This report is based on different type of case scenarios. Here,in order to answer each question the facts given in case scenarios are used. This report will givedetailed description regarding essential elements which firm must abide while entering intocontractual relationship. Furthermore, the study will also showcase principle of liability that willbe applied during the condition like negligence. TASK 11 Essential elements for the formation of valid contract In order to form valid contract number of essential elements are identified which needs tobe fulfilled by parties. The detailed explanation of same is depicted below:Offer and acceptance: The contract can be considered as valid if one party will give offerto other individual to enter into specific type of legal relationship. In this respect, certainconditions are identified in which offer made by one party will lapse. One of such type ofcondition is withdrawal of offer before it is accepted by the party (Essential elements ofcontract, 2015). In addition to this, the contract will also be considered as valid whenoffer made by party is accepted by other individual in the same condition. The offer is oftwo type such as unilateral and bilateral. If the firm or individual party will give offer tothe general public then it is being called by the name of unilateral offer. However, in thebilateral offer firm is obliged with regard to give performance as per the terms andconditions of the contract (Harvey v Facey [1893] AC 552). Here Faceyhas given offer for selling the pen to Harvey. Howver, the offer will become the counteroffer when party depict some condition while getting the offer from another party. Intention to create legal relationship: The contract formed will be considered as void ifparties do not showcase their intention to form legal relationship (Jones v Padavatton[1969] 1 WLR 328). Consideration: It is also necessary for the valid contract. Consideration is valuable itemwhich one party promises to give to other party in return of doing something. As per1
Thomas v Thomas) (1842) 2 QB 85 the consideration decided contract must have somevalue in the eyes of law. Capacity: The contract formed by minor will be regarded as void. Thus, in order to formvalid contract parties must be major or ages above 18 years (Individual who ages above18 years). Privity of contract: It is the common law of doctrine which states that third party is notentitled to take any action if parties who have entered into contract fails to fulfil specificcondition of agreement (English, Cohen and Balcom, 2012). For instance A promises toB to give certain amount which will be later on given by B to C. In this condition,contract is formed between A and B. Thus, if A fails to deliver the promised amount to Bat that time C does not possess any right to sue A in return of not delivering money. Thus,it can be considered as an effective situation for the privity of contract. Case explanation In the given case, James has given advertisement in e-commerce website for the purposeto sell high definition camera at £ 55. The act which is being carried out by James can beconsidered as invitation to offer (Hillman, 2012). This is because, here James is giving openoffer to parties who want to purchase high definition camera from the firm. However, afterseeing the advertisement Maria has given counter offer to James in which she is depicting thatshe will purchase the camera from James if he will sell it for £ 45. From the given case scenario,it can be concluded that there is no legal relationship formed between parties. This is because;the presence of counter offer in the given case cancels the validation of the first offer. Thus, itcan be said that James and Maria do not contractually abide with each other. 2 Types of contract There are different types of contract identified which are formed by parties for thepurpose to enter into legal relationship. These given contracts are used by both individuals andbusiness. The detailed explanation of the same is depicted below:Face to face contract: It is the type of contract in which all the conditions in agreementis decided by parties through verbal communication. In this type of contract, theprobability of party to get denied from the terms and conditions of contract is high. Thistype of condition occurs in given form of contract because of unavailability of valid orwritten proof regarding terms and conditions (Johnson, 2013). Generally, it has been2
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