Running head: CONTRACT LAW Contract Law Name of the Student Name of the University Author Note
1CONTRACT LAW Table of Contents Discussion........................................................................................................................................1 Essential Terms of Contract.............................................................................................................1 Incorporated Terms of Contract.......................................................................................................2 Different types of Express terms.....................................................................................................3 The Electronic Transaction Act.......................................................................................................5 The importance of the Electric transaction......................................................................................6 Online Sales Strategies while formation of the contract.................................................................7 Practical solution of difficult issues.................................................................................................8 Conclusion.....................................................................................................................................10 Reference.......................................................................................................................................11
2CONTRACT LAW Discussion Thelonious owns Monk’s Mood Music and running a successful business. However in present days he lost his significant in market share and therefore he decided to embrace digital marketing strategies and plan to re-launch the business as MMMJazz which will be a premier online store for the true jazz lover. Now according to the business structure he needs to use the electronic transaction act and also form a valid contract for running the business. The Australian contract law defines the contract as legal relationship where legal enforcement of promise has been made freely by the parties with the intention to enter into a contract. The English contract law has made a specific statutory modification of principles where it helps to make proper contract for the parties. In Australia a contract should carry six basic elements which help to form the contract which includes agreement, consideration, capacity, intention to be legally bound, formalities and certainty1. Essential Terms of Contract Theagreementis the most essential part in the contract where both of the parties consider the existence of the agreement. One party will offer the consideration while other party will accept it. Therefore when the party accepts the offer then they will be bound to follow the terms of the contract. However the first party has the right to withdrawal the offer2. The parties should have the legalcapacityto enter into the contractual relationship. Therefore minor, unsound mind people never able to enter in a legal contract. The person must be sound mind who has the capacity to enter into the contract3. 1McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press (UK), 2014. 2Freedland, Mark, et al., eds. The contract of employment. Oxford University Press, 2016. 3Freedland, Mark, et al., eds. The contract of employment. Oxford University Press, 2016.
3CONTRACT LAW Theconsiderationshould present when the both parties entering into the contract. When a person make the promise that means he or she is expecting something of value as an exchange of the promise. Without the enforcement of the promise of contract it is not valid whether it is money or goods or a promise. According to the Australian contract law the parties should haveintention to enter into a legally valid contractwhich must consist of lawful matters. If the parties has contract for an invalid consideration then it will be treated as illegal or invalid contract4. The contract should satisfy all thestandards of the legally binding termsbecause if any issue arises when the contract is formed then it will be invalid. Therefore the contract can be made orally or written or through any electronic media. Thecertaintyof the contract should be sufficient where the rights and obligation of both parties will apply according to the relevant matters there should be a particular time frame for complete the contract5. Incorporated Terms of Contract There are some other incorporated terms are also applied in the contract. In the implied terms the party wants to add extra terms in that agreement where it define notice or delivery of any things to other party or related to the business. Theimplied termsto the both parties about the intention to form the contract and the different legal effects will applicable for the parties according to the Australian contract law. Theexpress termshelp to make the contract in legal and it should contain of promissory statement by written or verbal ways6. The implied terms 4Freedland, Mark, et al., eds. The contract of employment. Oxford University Press, 2016. 5McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press (UK), 2014. 6Freedland, Mark, et al., eds. The contract of employment. Oxford University Press, 2016.
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