Tort Law and Negligence
Added on 2019-12-18
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Task 1:1.1: Offer: This is one of the essential elements of contract which initiates the process offormation of a valid contract. Through this mode, one of the parties to the contract transmitshis intention of entering into a contractual relationship to the other. An offer is required to beclearly communicated (Meyer, 2010). It shall be differentiated from the concept of invitation tooffer, which was explained in the case of Pharmaceutical Society v Boots (1953). Further, it was alsoopined in Fisher v Bell (1961) that display of goods in a shop amounts to an invitation to treat, andhence cannot be accepted.Acceptance: This essentially is the response of the other party to the offer socommunicated to them. It is required to be unconditional and unqualified in nature.Further, it is also essential that the same is effectively communicated to the other party,and within the stipulated time duration.Consideration: This is another element which reflects the bargain of thecontractual relationship. It shall necessarily be lawful and something which holdsexistence in law. It may not be adequate in amount but shall be sufficient. The nature ofconsideration is such that one of the parties stand in a beneficial position and the other ina detrimental position.Intention: It is highly crucial for the parties to intend to form a contractualrelation, with the other party, in order to carry out a specific object. Hence, it is importantthat the minds of the parties meet on all these points, and desire to form an enforceable aswell as lawful contract. In the case of business relations it shall be presumed that theparties intend to form an enforceable relations, as against social/domestic commitmentwherein it is presumed that the parties did not intend to form a contractual relationship(Richards, 2006) In Balfour v Balfour (1919) the facts of the case involved failure of certainpayments to be forwarded by a husband to his wife. In this case it was held by the court that theparties at the time of commitment did not intend to form a contractual relationship, and hence thesame cannot be enforced in a court of law. Moreover, the element of consideration was alsomissing. Capacity: The parties entering into contract should be competent in terms of age,mental capacity, financial capacity and so on. The contract shall be rendered void ab
initio if the parties are not competent to form a contract.1.2: Face to Face contract: These are the contracts formed when both or all the parties are presentbefore each other. It can be oral or written in form. It reduces the occurrence of mistake ofidentity. Bilateral contracts- These contracts involve two parties, wherein both the parties to thecontract perform in accordance to the terms. Bilateral contracts are a standard form ofcontract that allow the parties to create the usual contract in a simple form that goes by thebook. Both the parties agree on the intent and have common interests for the fulfillment ofthe contract. Unilateral: These contracts involve one party, who makes an offer in favor of the public. Theofferor is bound by the same as soon as the announcement of such an offer is made to thepublic and is accepted by even one of them. Most common type of such contracts is the offermade to the world whereby, the advertisement is posted and the accepting party has toperform the said act accordingly to ensure the creation of the contract in order to claim theconsideration amount Carlill v Carbolic Smoke Ball.Written Contracts: These are the agreements which is documented in written form. All theexpress terms of the contract are included and included in the written contract on mutualagreement of the parties (Collins, 2008). It caters the requirement of certainty, especially inlong term contracts. Written contracts clearly mention the aspects to be met under thecontract and lay down the terms for the breach of the contract. The contract of written natureis easier to be established at they may be easily presented in the court.Distance Selling Contract: The parties to this type of contract are in different and distantplaces while forming the contract. These could be formed over phones or after interactingthrough emails. In this form of contract there exists a possibility of mistake of identity, asthe parties are not present before each other. Oral: The negotiations and ascertainment of all the terms are undertaken by the involvedparties orally. These are recognized by the Common Law and are valid in nature. These
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