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Contract between Heavyweight and Foundation

   

Added on  2020-03-16

8 Pages1128 Words419 Views
Running Head: Law 1Law

Law2Answer 1Issue: At what stage contract is formed between Heavyweight and Foundation? Law:For making valid contract, following are the necessary elements of the contract, and these elements are stated below:First element is intention to create legal relations. In case of commercial contract contracting parties must intended to create legal relations between them. In other words, parties signed business contracts must enter into binding relations and able to sue other party if they breach their obligations. This can be understood through case law Balfour v Balfour [1919] 2 KB 5711.Consideration is the best evidence which is used to clarify thatparties intended to create legal relations. Offer is considered as proposal of contract. In other words, it is manifestation by one party to the other party for the purpose of bound to the offeree in the contract. It must be noted that offer is completely different from invitation to deal. Invitation to deal give rise to further negotiations but offer give rise to agreement if it is accepted. This can be understood through case law Partridge v Crittenden [1968] 1 WLR 1204.2 In this case Court held that advertisement is not considered as an offer3. 1 Balfour v Balfour [1919] 2 KB 5712 Partridge v Crittenden [1968] 1 WLR 12043Roebuck, D. & Chui, C. Hong Kong Contracts, <http://lib.hku.hk/Press/9622092896.pdf>, Accessed on 7th October 2017.

Law3Acceptance is the manifestation by the offeree to bind from the offer given by offeror. Acceptance is the statement through which offeree accepts the offer made by offeror. For valid acceptance it is necessary that offer must be communicated. Offere can accept the offer through his conduct also. This can be understood through case law Brogden v Metropolitan railway (1877) 2APP Cas666.4Application:In the present case, contract between Heavyweight and Foundation is formed when Foundation delivers the products to the Heavyweight, and Heavyweight keep that product. In this, by delivering the product foundation gives the offer for entering into contract and by accepting the delivery of the goods Heavyweight accepts the contract. Both the parties intending to create legalrelations between them because of which there is valid contract between the parties.Conclusion:Contract is formed between the parties when goods are accepted by the parties. Answer 2Issue:Whether any liability of Foundations arises because of the lateness of the delivery of pile drivers?Law:4 Brogden v Metropolitan railway (1877) 2APP Cas666.

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