This report provides a clear discussion on the blueprints of contract law in relation to the English legal systems. It covers the elements of a valid contract, court systems, case discussions, and remedies available to parties. The principles of contract law, such as freedom of contract and fairness, are also explained.
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Contents INTRODUCTION...........................................................................................................................3 Contract law.................................................................................................................................3 Explanation of court systems in relation of English legal systems.............................................3 Case discussion............................................................................................................................4 Remedies......................................................................................................................................4 CONCLUSION................................................................................................................................5 REFERENCES................................................................................................................................5
INTRODUCTION English contract law has been the body of law regulating the contract in the England and wales. this contract act has been the binding contract dealing with roots in the Lex Mercatorian and the activism of the judiciary during the industrial revolution. This have the applying of the rights and obligations of the contractual parties under contracts by have the proper level of governing in terms of the relationship, viability and interpretations for the agreements between the two or more person (Beale and et.al., 2019.). In this report there be clear discussion on the blue prints of contracts law in relation to the English legal systems to have the action of pursue. although report also be containing the various level of remedies available to parties. TASK Contract law A contract law is law that regulates contractual relationships of the parties. A contract can be defined as a contract between two or more parties. Contract when legally bind parties it includes voluntary agreement reached between the parties which is subsequently becomes enforceable by law. This means that in case any of the party of contract does not fulfil any of the conditions of the contract, another party can sue the party. Contract law is body of law that applies to the right and obligations of the contractual parties under the contract. For a Contract to be legally binding it requires- ï‚·An agreement ï‚·An Intention to create legal relations ï‚·Consideration Concerned with this is it is important to consider that it is not important for contract to be in written in order to be legally enforceable. In this a contract for sale of land and property it must be in writing and ensure that all the terms of the contract are agreed, it may however cannot be enforceable. Effectiveness of the Contract In order to bring the contract into existence it is important that acceptance to an offer is made and consideration is given from one party to another. In case of a contract that is based on the conditions, it becomes effective and enforceable when all the conditions of the contract are met. Acceptance of the offer can be made either with words or with actions. 3
Elements of a valid contract are- Offer -This is concerned with making an offer Acceptance- This is related to accepting the offer under the contract Consideration- This means that each party of the contract. Considerations can be- ï‚·Promise to pay money ï‚·Promise to do something or not to do something ï‚·Promise of providing something of value Intentions to be legally bound- This means that parties involved in the contract should be having intentions to be legally bound in contract. Contractual capacity of the parties in contract- This means that parties creating the contract need to be legal entities recognised by law, limited liability partnership and individual of 18 or above age. For a contract to be legally binding it is important that all the conditions and elements are met in the contract. Principles of Contract Law Freedom of Contract-This means that businesses are free to contract terms, that means they can chose any of the terms for contract. Fairness- This means that contract and terms of contract should be fair. Vitiating Factors Factors because of which the contract can be declared void. These factors are- ï‚·Misrepresentation ï‚·Law of mistake ï‚·Non est Factum This means that any of the party can make a plea that allows party to escape out of the performance in an agreement. ï‚·Illegal 4
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Explanation of court systems in relation of English legal systems. English legal systems have been the comm legal systems which have the clear level of comprising of the mainly the criminal and civil law have the perspective of each branches of having its own court a procedure is respective manner. On the other hand, the contract law has been the body of law which is governing, enforcing along with interpretative the agreements related to the exchange of goods, services, properties and money. As per the law, it has been celery stated as their agreements is made between two or people or business lengthiest have been considered as promise to so something in return to gains the advantages which is legally binding. As in the report, there have been the three important case with in needed to be discussed as the proper law of the contract is the main systems in which law is basically applied in order to have deciding the validation for the most of aspects to the contract binding which have the including the formation, validity, interpretations and performance.In relation to the difference case , the two have failed to have the binding contracts but the third case in the breach of contracts which can have the legal remedy in order to deal with the issue. The first two case which are such as Hilary and Eleanor, Hilary and Amy, there is the offering with the consideration but both the parties have failed to get the acceptance. So, these two relations or the offering are not considered (Savelyev, 2017). As in the case one there were lack of acceptance of offering due to change in the prices or consideration o. hence the contract have to be treated as the void and enforceable contract.On the other hand, the case of the Amy has changed the acceptance before the confirmation of the Hilary consent. Hence, the contract has failed to turned out to be enforceable agreements (Harper, 2017). But in the case there, there have been breach on the contract which Hilary have failed to completes. Case discussion Case 1 Hilary and Eleanor As per the case, there is the selling of the printing press which is been the offering from the side of Hilary advertised in the printing press for amount £ 15000 for the sale. The contract law is applicable to the agreements where the following of the six principles have been followed as the agreement, consideration, intension, capacity, genius contents and legality have been involving. So, the contract has been voided as there were no implication of the contracts between the buyer and seller. there is just an offering which are not accepted. 5
Case 2 Hilary and Amy Moving to the next case, the same have been followed as the Amy once have accepted the offer but later on rejected over buying the roust from the busier before getting the confirmation. as in the case tea my have the changing the mined and informed the Hilary with the fax regarding the informing the confirmation letter (Zhang, 2019).Hence this agreement have also turned to be void and competition requirements of the contracts act or law have not be fulfilled buy the both parties. Case 3 Hilary and Olivia As per this case, there have been the breach of contract. This is identified to be situation in which the parties who have they been looking after the agreements have failed to complete the promise which can be regarding any issue or failure. As per the case the Hillary have offered the famous artsiest trumpeter painting just at the amount of £ 1 who have been the first to come to the art gallery along with special offering of another painting. This is the offering which is accepted by the Olivia by standing outside the gallery for 2 days but the Hilary have failed to accomplish the promise. Remedies As most of the commercial agreements have the containing the expressing the prisoners along with formalise which are considered to be causes to ensure the parties have the rights. this will be consisting of the damages which can be casein myth innocent raster. Nominal damages are awarded where the innocent party has suffered no loss as a result of the other's breach and substantial damages are awarded as monetary compensation for loss suffered as a result of the other party’s breach. of the rights and obligations of the contractual parties under contracts by have the proper level of governing in terms of the relationship, viability and interpretations for the agreements between the two or more person (Smitsed., 2017). Hence the innocent party will be receiving there just having the recovering will level of damages which have the putting in situations. This will be looking out to have the popper mitigations and advance payments moving out to be all level of penalises along with moving in term of the liquated damages as this will be consisting of the damages which can be casein myth innocent raster. 6
CONCLUSION On the basis of above discussion it can be concluded that contract law provides several elementswhichmakeacontractlegallybindingfor theparties.Thislawalsoinvolves regulations and factors because of which parties involved in a contract can get the solution for their problems that are concerned with contractual relationship. 7
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CONCLUSION REFERENCES Books and Journals Online Beale, H and et.al., 2019. Cases, materials and text on contract law. Bloomsbury Publishing. Savelyev, A., 2017. Contract law 2.0:‘Smart’contracts as the beginning of the end of classic contract law. Information & Communications Technology Law, 26(2), pp.116-134. Zhang, M., 2019. Chinese Contract Law-Theory & Practice. Brill. Smits, J.M. ed., 2017. Contract law: a comparative introduction. Edward Elgar Publishing. Harper, J., 2017. Contract Law. Legal Magazine. Ben-Shahar, O. and Porat, A., 2019. Personalizing mandatory rules in contract law.U. Chi. L. Rev..86. p.255. Cartwright, J., 2016.Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing. Smits, J.M. ed., 2017.Contract law: a comparative introduction. Edward Elgar Publishing. 8