Construction Law: Elements of a Contract and Negotiations

Construction Law 1
CONSTRUCTION LAW
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Construction Law 2
Construction Law
For any establishment of a contract there are five legal elements that must be met, an
offer, acceptance, consideration, intention to create legal relationship, and certain terms (The
Law Handbook, 2018). Melisa what you received from Sam should not be legally binding
because it is clear that he failed to meet the above elements of a contract. Instead of accepting the
offer, he provided a counter-offer with an increased price, his own payment terms, and omitted
the terns and the conditions outline in your first offer. When one is negotiating the terms of the
contract, he or she needs to ensure that the conditions are clearly stated and agreed up on by all
parties (Borlace, 2017). Being that Sam gave out his own offer with new terms of payment, it
means that he is still negotiating. However, according to the decision made by the House of
Lords in the case Walford v Miles (1992), negotiations in relation to a contract would not result
to a binding legal agreement (Uff, 2013). On the other hand, there was no impact of Sam’s email
because he failed to accept your terms. As a result you are not legally bound.
Consequently, for you to complete the contract, you will have to formally accept Sam’s
offer. From the two offers, it is clear to say that both of you have intention to create a contract. In
such cases, the court believes that when the two parties negotiate a deal, their intention is to
reach an agreement that may be legally binding (Uff, 2013). But this can be avoided if the
negotiation continues. Based on the certainty, the law requires that two parties must understand
what they are getting into and what standards. A contract should be clear and certain enough in
such a way that any third party may understand. If the contract fails to include all necessary and
essential terms such as the completion date, implied terms may be used to make it complete
(Rees, 2016). If you may fail to respond to Sam’s email, there court may assume that you
accepted the Sam’s offer and, you might be legally bound. Fox example, Melisa’s offer indicated