Contract Law and Communication: A Case Study Analysis

This report discusses contract law and communication with the assistance of two different case studies. It highlights the role of communication in the formation of a legally binding contract and presents a claim that can be brought against the suppliers for incorrect supply. The report also includes a table of contents, introduction, main body, and conclusion.

PROFESSIONAL PRACTICE IN CONTEX

TABLE OF CONTENTS
TABLE OF CONTENTS..............................................................................................................2
INTRODUCTION..........................................................................................................................2
MAIN BODY..................................................................................................................................3
Q1. Presentation of contract law..................................................................................................3
Types of contract..........................................................................................................................4
Q2. Role of communication in the contract.................................................................................5
Q1. Presenting the Claim that can be brought against the suppliers for incorrect supplied 7
Q2. Explaining the role of an Adjudicator in the case study...............................................8
Q3. Describing the claim that can be brought by MR Sparrow against Duck down..........9
CONCLUSION.............................................................................................................................10
REFERENCES..............................................................................................................................11

INTRODUCTION
Law refers to the system of rules and regulation which is formed by the representative
government as well as society of the country in order to maintain peace in the nation. It gives
assistance in protecting citizens from crime as well as criminals. The authority impose
imprisonment or the penalties on the people who are proved as guilty. The norms which is
formed under the constitution are supposed to follow by every citizen of the country (Willett,
2018). Basically law is very essential in order to punish the victims and bring changes in the
society.
A contract is defined as the agreement between the two or more then two parties. In a contract
law one person offer the deal to the individual person and the another party accept the offer is
with the legal system is considered as contract law. The law of contract involves the exchange of
commodity or the services as well as exchange of ownership or interest. For the legal binding
contract it is very essential to have agreement, intention to create legal relationship and
consideration among the parties.
The present report will discus the contract law and the legal system with the assistance of two
different case study. First case study is on two contractor companies named as Northern
Builders plc and another one City contractor Ltd. the study will analysis issues, rules, and law
applicable on the scenarios as well. Furthermore, the present report will highlight another case
study of organization which is named as Duckdown contracting Ltd. The study shades light on
the claim against the suppliers of the product.
MAIN BODY
Q1. Presentation of contract law
A contract is a set off promise in which people suppose to follow the norms and
regulation. The law is very beneficial for every citizen of nation in order to have justice and
equality. Contract are not only settle the issues but provide rights to the people and treat the
victims by imprisonment (Strickson, and De La Iglesia, 2020). In commercial law the
constitution provide protection to the sellers and the buyers of the organization in a geographical
area. Contract law allow facility to take the personal as well as professional issues to the court.
Contract is the combination of agreement and enforceable by law.
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The present case study is in context of two business parties who make agreement to exchange
the commodity and services. The present case indicate toward the civil law. The civil low
reflects the rules and regulation which is formed to resolve the disputes between the parties or
the individuals of the organization (Roznai, 2017). In civil law the person who proved as the
victim become liable for the compensation instead of imprisonment. In this lawsuit generally the
private parties file the case in against another party. Failure of agreement considered into the
civil law. In a business the parties are free to contract with others. The deal which is decided by
the parties are enforceable by the court in order to deliver justified decision.
This case study considered contract law among the two parties named as City contractor
Ltd and Northern builders plc. The contract law formed by the constitution consist of various
element in order to deliver fair treatment among the parties who willing to have contract. The
element should be satisfied in order to make legally binding contract. it is very important to
make offer by the one party to another. The party who offers is known as offerer. The proposal
are made by the offerer should be made for particular person, group of people and other peoples
of the world.
Some laws are common which is implemented on every citizen of the nation. The
common law give assistance in fast decision-making due to various samples or similar case
study available in the legal system (Kostruba, 2017). This law is highly practicable buy the
country and considered as the case law. For the commercials' organization business law is
determined and formed by the constitution of the country in order to resolve dispute between the
parties for maintaining peace.
The another element is the acceptance in which the other party accept the offer which is offered
by the one party. The offer which is accepted by the person is known as offerer. The acceptance
of the offer reflects the agreement which is defined as obligations which in enforced by the
constitution of the country. The acceptance do not took place without the communication and it
brings legal effect (Tuomela, and Bonnevier-Tuomela, 2020.). Furthermore, both the partied
delivered consideration. In the consideration both the parties are ready to pay the amount, or
exchange the services and commodities for the values.
The essential component of contract is the intention to bound It means both the parties
have right intention or mind set to come under the legal relationship with the assistance of
agreement. The organization or the parties have capability to make contract with the another

party. It means the parties are not involved in any scams or illegal activity and suffering from
any mental disability. Both the parties are not considered into agreement when they are in minor
age. In order to make an agreement the both organization used email for exchange the
commodities. For example the employees come into agreement with the organization when the
company is ready to pay in exchange for services delivered by the worker. The contract can
voidable it means the contract is valid but alleged as invalid or void (Abu Helw, and Ezeldin,
2020). The illegal and voidable contracts are the contract which are not enforceable by the law
or the authority of nation. The court firstly identify or analysis the case is void or voidable then
take in consideration. The court made judgmental on the bases of relevancy of case.
Types of contract
There are various types of contract which as based on the validity in as such a manner:
 Adhesion contract: it refers to the type of contract which is formed by the powerful
parties that has power of bargaining and have opportunity to leave the contract by their
willingness ( Campbell, STRANNEMAR, and WHITTLES, 2008).
 Aleatory contract: the contract consist of a mutual agreement in which parties come
under agreement due to uncertainty of nature. In this type of statement both the parties
have elements of risk.
 Bilateral as well as unilateral contract: in this contract both the parties are ready to make
promise and willing to perform the promise with all the responsibilities. Whereas
unilateral contract indicates that among the two elements which is offerer and offree the
one us bounded by the law to take an action where another one is not bounded to excute
any plan of action.
 void agreement: the void contract is refers to the contract which is enforceable by law.
In short the agreements are void when they are not enforced by the court (Bakke, and
Crespi, 2021)
 Voidable contract: this is defined as the statement which is enforceable by the legal
system. The statement can took place between two or more then two parties. The person
who is ready to come into agreement should not be minor.
 Illegal contract: this reflects the agreement in which among the parties one party or both
the parties break the law or having any criminal record cannot be considered into the
contract. This types of contract is not enforceable by law and considered as void.
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 Unenforceable contract: the agreement which is not enforceable by the law because of
some technical issues. It means both the parties who make agreement previously are not
liable to pay any amount or penalty.
Q2. Role of communication in the contract
In the present case study the supply is ready to develop business relationship by promise
to supply the product on the due date. But later on the northern builder plc reject the offer of city
contractor. The parties which are involve in this case study are not bounded by the government
or constitution of nation (Bur, and Razman, 2017). The party iris not liable to pay the amount or
any compensation as the offer is decline before the exchange of services. The communication
play major role in formation of agreement within the parties. Basically communication is the
medium of exchanging the ideas, skills and knowledge with one individual person to another
with in effective or efficient manner.
The communication plays essential part in annulment of the acceptance as well as offer.
Offer acceptance consideration, intention and rest of the element cannot be clarified without lack
of communication between the parties who willing to come under legal binding. The
communication took place in both form it can be done written or orally. There are the various
sources of communication which offerer can utilized such as electronic mail, SMS, vocalism,
latter or text message. The another party evaluate the offering by different style of
communication. The offered is accepted by delivering respond to the offerer. The confirmation
of the acceptance is confirmed by terms like agreed or confirmed. Through the better
communication the proposal is understandable and knowledgeable for the other party. The valid
promise or the agreement required communication. In the informational technology act
electronic mail contracts is the mode of communication which is considered as lawfully
legitimate and binding (Cryer, et.al 2007).
Determination of contract in the case study of two construction company
Northern Builders plc is the organization who willing to buy some outstanding stock and
equipment from the city contractor Ltd. The city contractor Ltd face the issue of decrement of
demand and supply of building product in the particular region. The issue result in close down of
Oldcastle trade counter. The Northern Builders plc make the communication with the assistance
of mode of communication which is email. The organization offer the contract to the city
contractor. The city contractor bring some term and condition for the exchange of the equipment

offer less price before particular date. Later on the Northern Builders plc agree to the term and
condition offered by the offerer. The owner of city contractor agree to charge less amount in
exchange for the equipment the organisation is required from the company. The organization
accepts the offer by responding by clearly conforming we accept. The agreement brings by both
parties and come under the consideration by finalized the sale through mail to head office of
Northern Builders plc. The acceptor accepts the offer and ready to sale the equipment by
clarified massage by trusting the post. Due to technical or technological issue the mail is not
delivered to the Northern Builders plc head office by the given time period.
However, The organization rejected the offer before the time period which is not seeing
by the city contractor. Due to lack of communication occur between both parties because of
technical or technological issue the party is not able to deliver the agreement on time. In the
present report the Northern Builders plc is not liable to pay any companionship or patiently.
Both the parties come into the agreement by agreeing on the term and condition. The offer is
accepted by the organization which indicate the sign of agreement but not enforceable by the
law. This is the case of unenforceable contract in which the parties do not have any liability for
unable to complete the promise due to some technological or technical issues. The technical
issues are avoided by the government and not considered as enforcement of law (Dong, and
Zhu, 2019.). The agreement between the parties are not signed by both the parties. The
circumstance of this case is not done by any of the party with any intention. Both the parties
Northern Builders plc and City contractor Ltd. Are not proved as the victim in this case study
and no one is answerable to the court or the law. The court will not punish any of them because
the situation is not enforceable by the law. The organization refuse to take the order which is
considers as contractual performance.
CASE 2
Q1. Presenting the Claim that can be brought against the suppliers for incorrect supplied
In this present case study the Duck down Contracting is a company that
provide the installation material a fabrication for the residential construction projects. The
company has implemented their material in the L2a building for meeting the
regulation norms of the forthcoming year. Moreover, the company has installed the
fabricated wall borders in the studio. But later it was found the panel that was bought by
the company was 6 centimetres short. Along with this, the issues that was found in the
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whole case study is the wrong installation of the panel. In addition to this, claim can be
bought against the owner of the company on the basis of the Negligence in the law
of tort. Furthermore, the negligence is defined in the civil tort in which occurs when the
person has breaches his duty that it is owned to other party.
In simple word it can define as the wrongful act done by an individual while
performing its duty. And because of that other party has to suffer the loss or undergo
any legal requirement. However, it can be understanding as the failure of the act or omission
to do any activity because of careless behaviour. Along with this, the law related top negligent
consist of 4 elements such as the breach of duty, duty, cause in fact and harm (Fuccillo,
Decimo, and Sorvillo, 2017) . An individual has to perform and task for instance Duck down
Contracting has to fulfil the duty of installing and fabricating feather cavity wall board
into the studio . But the company has done the breach of duty by implementing the
panel that was short by 6 centimetres. In addition to this, the damage was suffered by the
neighbour MR Sparrow because of the delivery of the panel was 5 centimetres high.
Along with this, the injury that is included in the act of negligence should be physical,
harm to property and economic loss. In addition to this, the claim must be brought
within the six years of the breach of contract.
In the case of Duck Down Contracting it has also breached the contract as the studio
has made the agreement related to provide the fit proprietary interlocking system. Thus, the
company has breached the term of the contract and it can also be held liable under the
fraud section of the contract. Moreover, contract is a type of agreement between 2 parties to
accomplish the task in this the parties has to fulfil the essential elements of the valid
contract. If any of the party do not fulfil the condition of the contract it will be
considered a breach of agreement ( Smits, 2017). Such as Duck Down company has done
by providing the wrong installation of the material in the studio . Along with this, in
the case the opposite party has to prove that the installation of the material and
fabrication of the wall is not correct. And it can also be proved by the studio by
presenting the written agreement that company has performed the breach of contract. The
suppliers will be liable to pay the compensation in case of any property or economic damage
according to the law of negligence mentioned in Tort.

Q2. Explaining the role of an Adjudicator in the case study
Adjudication can be defining as contractual processing that is used in order to solve the
dispute of the case. Moreover, it is called by the third party or the parties that are in dispute
it mainly follow the strict timetable and based on documentary submission ( Hopwood,
2017). It is generally used in the contract law in order to find the facts and law.
Along with this, the decision of the adjudicator is final unless and until it is revised by
litigation or arbitration. However, awarding the legal cost is on the discretion of the
adjudicator unless and until it is excluded by the term present in the contract. In addition to
this, the whole process of adjudicating takes 28 days and the decision is taken on the basis
of the written information presented by both the parties. Furthermore, the construction
contract procedure must comply with the section of 180 of the construction and
Regeneration act as well as Housing Grants.
Moreover, if both the parties of the contracts want adjudicator then it can appoint or
otherwise it is also imposed by the statue . The agreement can be an express contract that
extend the jurisdiction to award the cost. Furthermore, in the case law of John Cothliff
Limited V\S Allen Build Limited the court has passed the decision that even in the
absence of the agreement the adjudicator has right of awarding inter party costs. In the
present case the suppliers and Mr Sparrow can appoint an adjudicator for solving the
matter. The studio party can present the document in front of the adjudicator so that
an evidence of contractual evidence is showcase. Moreover, the parties that has suffered
the loss such as the Down Duck company has not fulfilled their duty correctly as
well as caused the harm to the property of MR Sparrow. The role of the adjudicator in
the contract is to solve the issued faced by the parties and make the right decision
in the case (Jimenez, 2018. ).
However, the Duck Down will be held liable to pay the compensation to MR
sparrow and the studio for breaching the duty. The cost award decision is the
discretionary power of the adjudicator or if mentioned in the contract. The cost award
will be on the basis of economic damaged made by the party the compensation will be
paid for fulfilling the loss. However, according to the Local democracy, Economic
development and construction act 2009. The parties may agree in the contract to confer
the right related to cost award and the fees to the executor (Howells, and Wilhelmsson, 2017).
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This will should be written in the agreement then only it will be considered as valid. Along
with this, if both the parties agree to pay their fees in case of any negligence or breach
of contract. And take the liability of bearing their own cost then this provision will be
invalid.
Q3. Describing the claim that can be brought by MR Sparrow against Duck down
In the present case study the Cotswold Studios has made the contract with the Duck
down company to install and fabricate the wall border into the studio. However, it
was identifying by the owner of the studio that the panel was 6 Cm short.
Hence, it has asked the Duck Down company to alter the panel with the interlocking
system. Furthermore, it was found that while making the changes the 5-meter-high panel
was delivered and damage was caused to the Old wooden fence of Mr Sparrow.
However, Mr Sparrow can claim for the compensation form the Duck Down company
on the basis of damaging the property and negligence (Ivanov, and et.al., 2021). Moreover,
the law of tort provides the relief of the compensation in the civil law and mainly
the fine is based on the total amount. Generally, the amount that need to pay is
related to the economic issues, property damage and physical damage .However, in the
case of damage related to criminal case has punishment related to fine and
imprisonment. Along with this, Mr Sparrow has suffered from the loss of the property and
the Duck Down company has shown the negligence even after known the weather was
windy. The company has not properly installed the panel and the fitting was loose
because of that more damage has been caused to neighbour property. In addition to this, Mr
Sap prow is liable to charge the claim on the Duck Down company. Furthermore, the
CotSwolds Studios will not be liable to pay the compensation to Mr Sparrow as there is
no fault of the studio company. However, it should have informed the neighbour about the
construction that is going on to Mr Sparrow but there will be no legal liability against the
Studio company as the negligence has been made by the Duck down. However, the CHL
can defend itself by presenting the breach of contract that has been paid by the
suppliers in the court. Second ally, it can proof in the court that it is not liable for paying
any compensation as it has not trespass on the neighbour property. And it was doing
the construction on the private property belong to the owner of the studio. Moreover, it

can also show case the damage evidence made by the company so that it will not
have held guilty of any damage (O’Cinneide, 2012).
CONCLUSION
From the above report it has been concluded that law can be defined as set of rules and
regulation that is made by the government in order to maintain peace in the society.
Moreover, the laws are of two type such as criminal law deals with the case related to
sever nature such as murder and forces. Whereas, civil nature law is related to
disputes of property and infringement of fundamental right.
The above report has summarized about the two different case study the
first case was related to the elements of contract. Furthermore, the contract is a legal
agreement that is consisted of offer, proposal and acceptance. It can be done in oral and
written format. It has also depicted about the role of the communication in the
contract such as it is very crucial part of the agreement ( Collins, 2003). It can be in the
form of verbal and non- verbal way and have high evidently value in the court. Along
with this, in the above case discussed the contract was not made between the party as one
person has rejected the offer.
Along with this, the study has also concluded on the law related to the negligence
that is present in the second case study. In that Duck down was held liable for the breach
of its duty and contract. In addition to this, the report has also thrown light on role of the
adjudicator in the constructional contract and about the cost award that is a made by
it.
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