Contractual Advice and Rights and Remedies under Contract Law

INDIVIDUAL ESSAY

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Task 1...............................................................................................................................................3
What is a contract?.......................................................................................................................3
Conditions for forming a contract................................................................................................3
Advising on the case to the parties of the contract......................................................................3
Rights and responsibilities under contract...................................................................................4
Task 2...............................................................................................................................................5
Advising on the type of contract formed.....................................................................................5
Rights and Remedies...................................................................................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
The present essay consist of two cases where the first one will be based on contractual
advice while negotiating a contract during the course of the business along with the right and
responsibilities of the parties to the contracts. The second case that will be discussed in this essay
will highlight the rights and remedies available to the acceptor of offer in case of non -
fulfillment of the terms of the contract.
MAIN BODY
Task 1
What is a contract?
A contract is a promise which is enforceable under the law and the parties which may be two or
more are under an obligation to perform their respective promises. Under a contract, there is an
offeror and an acceptor. The non – performance of the promise by one party entitled another to
get legal redress 1 .
Elements of a valid contract
Agreement, free consent, competency of parties to a contract, consideration and lawful object are
some of the element must be present in order to make a valid contract.
Conditions for forming a contract
There are many conditions that must be fulfilled to enter in a valid contract, such as the
following:
 There must be an offer and acceptance, where one party offers to another party for the
performance of promise for a consideration and another party accept that offer
unconditionally.
 Parties to a contract must be competent to form and execute a valid contract.
 Consideration should always be there which means doing something in return of
something 2.
 Free consent of both the parties should be ensured which is not affected by any kind
coercion, undue influence, fraud and misrepresentation.
 The contract should not be entered in for any immoral purpose.
Advising on the case to the parties of the contract
In the present case, where the party to the contract are two that is, Avril and Belinda who have
initiated a negotiation for performing their respective promises during the course of a business of
construction. The contract here entered into is an express contract where Avril has offer
quotations to Belinda in a written form. Also, the communication of rejection of offer has been
done by Belinda via email which is considered an expression of rejection of offer in a written
1 (Cherry, 2017)
2 (Austen-Baker, 2017)