The Contract Law Assignment
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Added on 2020-02-23
The Contract Law Assignment
Added on 2020-02-23
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CONTRACT LAW2ContentsIntroduction......................................................................................................................................3General Law of Contract.................................................................................................................3Electronic Transaction Act..............................................................................................................6Analysis and Application.................................................................................................................7Specific Advice................................................................................................................................8Conclusion.......................................................................................................................................9Bibliography..................................................................................................................................10A.Articles/ Books/ Reports.....................................................................................................10B.Cases...................................................................................................................................10C.Legislations.........................................................................................................................11D.Others..................................................................................................................................11
CONTRACT LAW3IntroductionContract law is an important field for any and every business, irrespective of its scale andthe industry in which the business operates. In order for the businesses to conduct their business efficiently, it becomes crucial that the contract law is properly adhered, as nearly every aspect of business requires a contract to be formed1. Electronic Transaction Act, 19992, short for ETA is a crucial piece of legislation where the different aspects of contract law merge and through which, different regulations for the digital marketing are presented. In the following parts, a discussion has been carried in which the general law of contract has been discussed. Apart from this, the different aspects of ETA, which can be applicable on the business of Thelonious have been discussed and have been applied, so as to conclusively provide an advice for the client. General Law of ContractA contract denotes that a promise has been made between two or more parties, in which one side pays the consideration and the other side undertakes the condition for which the promisehas been made.3 A contract can be created by putting down the terms on a paper and getting themsigned from both the contracting parties, which would result in a written contract; or simply by exchanging the terms in an oral manner, making a verbal contract. For the formation of contract, there is a need to have the elements of offer, acceptance, clarity, consideration, intention and capacity. In case even one of these elements is not present, a contract cannot be formed4. 1 Jill Poole, Casebook on Contract Law (Oxford University Press, 2016)2 Electronic Transaction Act, 1999 (Cth)3 Michael Furmston and G.J. Tolhurst, Contract Formation: Law and Practice (Oxford University Press, 2010)4 Catherine Elliott and Frances Quinn, Contract Law (Pearson Education Limited, 9th ed, 2013)
CONTRACT LAW4The first step towards creating a contract is the offer. One party has to offer some terms on the basis of which the promise is made, to the other party5. It is important to differentiate between an invitation to treat and an offer. The former denotes the aim of the parties to start withthe negotiations for the contract and the latter shows the aim of the parties to be bound by the contract6. When the goods are displayed on the shop window, they are an invitation to treat as was stated in Pharmaceutical Society of Great Britain v Boots7and the offer is only made when the individual picks the goods and takes it to the cashier for billing. And so, on the basis of display, the shopkeeper is not obligated to sell the product. The adverts in the newspaper are alsotaken to be invitation to treat, as was famously held in Partridge v Crittenden8. However, when itcomes to a unilateral offer made in the newspaper, as was held in Carlill v Carbolic Smoke Ball Company9, which can be accepted through performance, it is deemed that an offer has been madeinstead of an invitation to treat. The next step which has to be taken for the creation of any contract is the acceptance. Theacceptance has to be taken on the offer which was made and by the individual to whom the offer was made10. The acceptance has to be properly communication and a silence is not an acceptanceand the famous example of this is Felthouse v Bindley11. It is important that while communicating the acceptance, the offer is accepted in the exact manner in which it was made, without modifying or altering it. When the communication has changed or altered term, it is 5 Richard Stone and James Devenney, Text, Cases and Materials on Contract Law (Routledge, 3rd ed, 2014)6 Neil Andrews, Contract Law (Cambridge University Press, 2nd ed, 2015)7 [1953] 1 QB 4018 [1968] 2 All ER 4219 [1893] 1 QB 25610 Ewan McKendrick, Contract Law (Pearson Education Limited, 11th ed, 2015)11 (1862) EWHC CP J35
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