Business Law: Contract Formation and Rights and Responsibilities

This essay discusses the basics of contract law, including its elements and conditions for formation. It also advises parties in two case studies on their rights and responsibilities under the contracts formed. The essay cites relevant case laws and discusses remedies for contract breaches.

BUSINESS LAW

Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK ..............................................................................................................................................3
State what a contract is, and the conditions for forming one. Then, advise Avril and Belinda
on which contract(s), if any, have been formed in this negotiation and their rights and
responsibilities under such contracts...........................................................................................3
CONCLUSION ...............................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Business laws are the law that is been used in order to make establishment of business
done in more effective way. These laws makes am organization develop proper framework that
is been used in order to make process of business organization done in more effective manner.
These laws lead upon achieving goals and objectives which is set by an organization. Also these
law deals with both corporate and commercial activities that is why known as commercial laws.
In these laws business organization is been directed with proper guidance and rules that makes
business organization operate in more effective way. Scope of these laws are wider as these laws
impact business organization directly. Nature is dynamic that makes business environment
improved with efficiency. In this essay things covered is based over contract law and various
aspects related to it.
TASK
State what a contract is, and the conditions for forming one. Then, advise Avril and Belinda on
which contract(s), if any, have been formed in this negotiation and their rights and
responsibilities under such contracts.
Case study: The facts of the case says that Avril is an service provider and deals upon
making advertisement formed through local news paper and online mode is been used. Belinda
and Avril come into contract with each other in relation to business. According to the contract it
is decided that price range is been decided which is of seven fifty euros and time period over
accepting the offer is seven days(Burns and et. al., 2021). In this email is been send that makes
acceptance done upon price range of nine hundred euros. The contract formed within parties is
just an offer that is been made with the help of advertisement but no acceptance is shown upon it.
Since parties to contract are Avril and Belinda. State about condition of contract formation
according to facts of the case it is been find out that contract laws is been applied within it. These
are the laws which has been formed in order to make an agreement attain position in the eyes of
law. Such laws provide about explanation over rules needed to be followed by parties while
forming an contract. Also contract law helps in developing transaction that is been attained
regarding both monetary and trade relation leading upon making agreement attain strength in the
eyes of law. Further the law provides basic framework over forming contract in more effective
way. Also it leads over making contract attain agreement legality within the eyes of law. This

makes transaction attain both monetary and trade regarding enhancing business relations
between different kinds of business organization. In this agreement is given shape of contract
through making them attain validity. These laws makes proper framework for execution of an
agreement in legal manner. This can be justified with the help of the statement that is“ An
agreement can be contract though contract cannot be considered as an agreement”. In contract
laws different questions is been covered that makes creation of contract possible(Campbell and
et. al., 2021). It covers about questions related to sales of goods, property, materials required by
an organization and also upon money that has to be transferred. The formation of contract is
done with the help of elements mentioned within contract law. Various elements which is
presented within the contract are offer, acceptance, obligation, legal aspects and validity. In this
first element of contract is offer within which only idea require to be presented by one party to
another. As per it only contract is been presented by one party to another. In this only idea is
been presented which make contract to be initiated. Second element is based over acceptance
that makes offer to be presented to parties. This element only interest require to be shown over
idea that is made to parties willing over forming contract. Third element is obligation under it all
kinds of rules and regulation is been presented by parties after having discussion upon all facts of
contract. These are required to be followed by parties willing to come into contract. Fourth
element is legality in this legislation applied is appropriate or not as per contract is been seen.
This makes correct legislation applied within the contract. Fifth element is based over validity
which is used to check that contract formed is upon legal basis not on illegal basis(Chiasera and
et. al., 2018). It is not to be formed over summing-up and gambling which is banned by
government. These elements is required for forming contract and in there absence no contract
can be formed. Advise Avril and Belinda in relation contract existing with rights and
responsibility the facts of the case proves that offer has taken place through advertisement but
no acceptance is shown upon it. This makes invitation to treat identified which makes offer is
been made through advertisement but no acceptance is shown over it. As per the situation
contract made is incomplete and only offer is made for acceptance through elements making
contract null and void. Relevant case law for such situation is Pharmaceutical Society of Great
Britain v Boots as per the facts of the case various system is been developed which is based on
self service related to various shops. In this system customers is required to puck up goods and
then put them back within basket. They are required to stay in basket only till the time payment

is done. Pharmaceutical Society of Great Britain has brought action in relation to legality of the
system since medicines is required to be sold only in the presence of pharmacists. This is
mentioned within the law. Further making analysis over the facts court held that offer is been
made but its is parties will to accept it. So, in the case invitation to treat exists which makes the
party take decision upon applying the system within there department or not.
Case study: In this case parties involved within contract are Darwash, Charlie and Eddie.
Also in this case Charlie has been distributing flyers offering electric services to home town
Flitterbug. Darewash contacts Charlie at the email address that is printed on the flyer seeking for
extensive wire replacement at his home. Charlie replies that eventually contract is to be formed
with him but sends Eddie as an independent contractor over work needs. Eddie quotes Darewash
three thousand five hundred euros(Coupland and et. al., 2021). Further Eddie makes phones
confirmed that he will start working form Monday. Bill was received by Darewash of three
thousand five hundred euro from Eddie and five hundred euro from Charlie. It was found that
Charlie is an agent for finding work for electricians. After the taps were turned on it was found
that the work is incomplete and requires to be done again. Advise Darwash over formation of
binding contract the facts of the case shows that binding contract exists within parties. These
are the contracts which makes various legal obligation created upon parties willing to form a
contract. In this case offer has been made by the Draewash through Charile who send Eddie to do
the work. Flyer is considered as a contract or offer only when acceptance is been shown upon it
and in this case acceptance is been made. In this rights has been formed which makes rights
as per the facts rights to be applied are Right to timely and full monetary payment. Right to
repairs, refunds, or exchanges. Right to file a lawsuit over a contract breach or dispute. Other
rights related to the particular intentions of each party(Findlen, Malhotra and Adunka, 2019).
The rights that is been used in order to get fairness within binding contracts. In this case right of
payment and Right to repairs, refunds, or exchanges is been applied which makes both Charlie
and Eddie attain full payment over work done by them. Remedies in relation to Charlie and
Eddie in contract wrong that is committed is based over breach and remedies is been given
regarding it within the contract which are damages, injunction, specific performance,repudiation
and repossession. All the remedies helps in attaining claim. In this case the contractual remedy
which is to be applied is repudiation which makes claims to be attained through undue influence.
Relevant case law regarding it is Bettini v Gye in this case court held that breach of warranty

and therefore employer id not entitled over ending contract and missing the rehearsals did not go
to the root of the contract.
CONCLUSION
From the above discussion it can be concluded that business laws are the laws which has
been formed in order to makes establishment of business organizations done in more effective
manner. Such laws helps in making goals and objectives of business achieved in more effective
way. Then in this file contract law is been discussed with its elements and invitation to treat is
discussed in more effective manner with case law. Also binding contract is been discussed with
rights available to contracting parties. Then remedies of contract is been told with relevant
example.

REFERENCES
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