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Contract Law and Business Agreements

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Added on  2020/06/06

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This assignment examines the legal aspects of a contract between The Coffee Shop and Swift Cleaning Solutions for management services. It analyzes the contract's validity, legal considerations, and identifies the rights and responsibilities of both parties according to UK Contract Law. The analysis considers factors like consideration, acceptance of the proposal, and fulfillment of promises to determine the legitimacy of the agreement.

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Business law, contract law: offer and
acceptance

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Contents
INTRODUCTION...........................................................................................................................3
Advice for The Coffee Shop, Quick-Clean and Swift Cleaning in terms of their legal liabilities
.....................................................................................................................................................5
CONCLUSION................................................................................................................................6
REFERENCE..................................................................................................................................8
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INTRODUCTION
Every firm has to follow laws effectively in order to run their business smoothly. If
company's fail to do the same then it may create consequences for the entity. Offer and
acceptance are two major terms of business law (Gallagher, Giles and Wang, 2015). Present
study is based on The Coffee Shop Plc which was needed facilities of management services in
Northwest cafe. The whole case is based on acceptance, offer. Current assignment will explain
legal liabilities of coffee shop, Quick clean and Swift cleaning solution.
Overview:
This case is related to the Contract act and it is covered under the communication of
offer. The offer is made by the offerer through post and it delivers wrongly but before that all the
conditions are fulfilled by them and due to wrongly delivered the third party enters into the
contract without fulfilling the conditions and communication letter been sent after two days and
original offeree communicated with them when they receive the letter. In support of the case the
Swift solutions cannot entered into the contract and contract with them is void and the coffee
shop (offeror)and quick solution(offeree)will able to continue their contract conditions.
Contract: A contract is an agreement in form of oral or written. It is an agreement i.e.,
offer+acceptance of offer which is enforceable by law and which creates legal rights and
obligations of parties.
Conditions:
Offer: The person who made the offer is known as offerer and to whom the offer is made is
offeree.
Conditions
Offer must be in prescribed form
Can be expressed or implied
it must be valid and conditional
It must be made to the specific person.
Acceptance:The acceptance is made by offeree against the offer which made by offerer to him
and it can only be completed when offeree accepts the offer.
Conditions
Acceptance must be an absolute and unconditional
Must be in prescribe form and manner
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Can be expressed or implied
Revocation by offeree
Considerations: It means something in return and when there is no contract is made in written
the consideration will not been involved and when there is no consideration then there is no
contract.
Conditions:
Consideration should move at the desire only.
Consideration can be made by promise e or any person.
Consideration can be past, present or future
Consideration need not to be adequate.
Types of contract
Valid contract: All the essential conditions of the contract are fulfilled.
Void contract: Which ceases to be enforceable by law and it is null and void from the
beginning.
Voidable contract: Contract which can be enforced by one party not the option of another
party.
The offer is considered to be valid only if the offer made by the offerer to offerer and offeree put
his acceptance to it then only the contract is been completed.
Contract Interpretation:
As the main purpose of the contract is to effect to the intent of the groups as express in
the agreement.
Intent has certain objectives such as:
The proper communication done by the parties in the agreement will be considered.
As the action of the coffer shop Owner and other person pursuant in the agreement.
The various thing which is mention in the agreement has to be clear.
The plain of meaning rule: As the organisation has to considered when the contract will be clear
and not confusion, these will enforce in court according to plain terms.
Principle of Contract: it has to be considered before analysing there case of the coffee shop.
According to the contract law certain principle are considered such as:
Principle of sanctity of contract: as this principle have to be important to considered in
the translational con tract law. The coffee shop and other party are freedom to relates
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their decision in term of enter into the contract and how the content of that contract
should be form. It will brings the better for the both the parties which has the autonomy
to allows the parties to create more legalised action.
Principle of unfair standard terms: As these principle their is own contract rules and
regulation can be made by the grouping which they can frame the certain rule and
regulation according to their terms and condition which is fair and standards. The more
the coffee shop will be focus on the contract of their terms and condition which is to be
specific and not manipulate the other person. It is to be written and not in oral basis
which will help to show when the legal action will take. So it is important for the
organisation to revise their terms and condition.
Principle of good faith: this principle is not the subject of principle of freedom of
contract that is the coffee shop and other party has to be in the contract and they don't
excluded the contract or bring any limitation in the contract. If the contract has the
limitation which will void contract for other parties because it is against the contract law.
If these principle has been not considered for the organisation purpose will be the void
contract will brig the loss to the organisation.
As the communication gap has been arise in the case which is important for the organisation to
solve by considering to the principle of unfair and standard terms and principle of good faith.
Advice for The Coffee Shop, Quick-Clean and Swift Cleaning in terms of their legal
liabilities
According to given case scenario, it is recognised that The Coffee Shop Plc is advertised
job for its management in Northwest cafes. However, he advertised in newspaper as of contract
for 12 months at the cost of 175000 annually. In this regard, response from Quick Clean and
Swift Cleaning Solutions are determined which are to be advised as consideration of contract or
not. However, legal liabilities in occurred case for three companies can be understood as:
The Coffee Shop and Quick-clean:
On 1st February, The Coffee Shop sent letter to Quick-Clean for management services but
it is received on 6th of the month. Further, receiver party accepted the contract and sent back to
sender. On analysis, there is no legal contract is recognised between the parties as to be
following any regulations (Sprague, 2016). Likewise, The Coffee Shop puts proposal to Quick
Clean as receiver the contract also but there is no legal proof as signature and third party's
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consideration. Therefore, this contract is not valid in terms of Contract Act of UK for
considering legal liabilities and fulfilling the promise.
The Coffee Shop and Swift Cleaning Solution:
In the meanwhile of getting response from Quick Clean, it is analysed that Swift
Cleaning respond as accepting offer on 4th February. Including this, Swift Cleaning get ready for
the contract but on 15000. Further, on 5th February, this proposal is accepted on telephoned
remain valid and also some legal liabilities. However, this agreement remains accepted because
of there is communication between both parties regarding contract. Moreover, there are is legal
liabilities of The Coffee Shop to call workers from Swift Cleaning Solutions on 15000 annually
for 12 months as conditioned in the advertisement (So, 2016). Thus, legal considerations are to
be identified for legal contracting for management services of the Coffee Shop.
However, on analysing contract for management services of The Coffee Shop, agreement
is to accepted with Swift Cleaning solutions. Likewise, there is legal contract between both
parties as for acceptance on proposed proposal (Oladokun and Aluko, 2014). In this regard, The
Coffee Shop should enter into valid contract with Swift as its proposal for 15000 has been
accepted for management services.
According to Contract Act of UK, it is essential for any two contract parties to enter into
valid contract through getting consideration. However, it is required to have an evidence for
accepting the proposal as in condition of both parties. In this case scenario, it is evaluated that
both Quick clean and Swift accepted proposal of The Coffee Shop in different ways (Campbell
and Boothby, 2016). In accordance to this, validity of the contract is identified for Swift
Solution. As the contract will be remain valid in terms of 15000 for contribution in management
facilities for Coffee shop. Therefore, by considering laws of Contract Act, there is legal contract
identified between The Coffee Shop and Swift Cleaning Solutions as for implementing legal
liabilities and fulfilling the promise.
CONCLUSION
From the above report it can be concluded that law defines the rights of an individual.
Customers have some rights in the business if they do not get appropriate services as per the
agreed statement of the company. It is essential to understand their legal liabilities and rights so
that both parties can protect themselves. Further, it is important that appropriate steps are taken
in which all the parties are provided with appropriate information about the terms and conditions
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that are included in the contract so that there are not issues faced later on. The parties under
contract should be in mental and physical state when they are involved in entering the contract.
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REFERENCE
Books and Journal
Campbell, E. and Boothby, C., 2016. University law clinics as alternative business structures:
more questions than answers? Edited by Francis King.The Law Teacher. 89(1). pp.132-137.
Oladokun, T. T. and Aluko, T. B., 2014. Dispute resolution in corporate multi-tenanted property
management: a case study. Journal of Corporate Real Estate. 16(1). pp. 22 – 32.
So, B.K.L., 2016. Business, Law and Education for Modernity. Routledge.
Sprague, R., 2016. Editor's Corner: Publishing Impactful Scholarship.American Business Law
Journal. 53(1). pp.5-8.
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