Analysis of Contract Law Remedies and Offer Acceptance

The assignment provided a detailed examination of contract law remedies available to parties, including damages, specific performance, and injunction orders. It analyzed the case scenario where Hillary made an unilateral offer that was accepted by conduct, making it enforceable and binding. The report concluded by emphasizing the significance of contract law in defining rights and obligations between parties and the consequences of breaching contractual terms.

FORMATION OF CONTRACTUAL RELATIONSHIP
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Contents
Introduction....................................................................................................................................3
Discussion.......................................................................................................................................4
1. Define contract law and describe all the blueprints of a contract........................................4
2. Explain the court system in relation to the English legal system and advise the parties above
which court(s) action to pursue....................................................................................................6
3. Advise Hilary as to whether binding contracts exist between herself and each of the
following people: Eleanor, Amy, and Olivia...............................................................................8
4. Explain and discuss the various remedies available to the parties..........................................9
References......................................................................................................................................10
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Introduction
Contract law is considered to be one of the most important law that is defined by the
government of the country. It helps in identifying the different aspects that are related to the
creation of the contract and the provisions which are applied at the time of breach of the
contract. There are various elements of the contract through which the contract are formed
these are specified in the later part of the report. The court system helps in resolving the
disputes which includes the disputes that are related to the criminal or the civil nature. There
are four bodies of court system that are defined under this for the purpose of resolving the
disputes. The government of the country defines the process through which the contract is
created and also identify the manner where in the case of breach of the contract the litigation
would be filed. The current essay is linked to the identification of the different aspects that are
related to the contractual relationships. It also helps in defining different features that are
connected to the contract law and how the contracts are formed within the country.
INTRODUCTION EXPLAINS ALL THE CONTENT OF THE ESSAY,
ACADEMICALLY, WITHOOUT REPEATED WORDS. So please explain what it is
going to be analysed in the following essay completely not just superficially according to
the following tasks:
1. Define contract law and describe all the blue prints of a contract.
2. Explain the court system in relation to the English legal system and advise the parties above
which court(s) action to pursue.
3. Advise Hilary as to whether binding contracts exist between herself and each of the
following people: Eleanor, Amy and Olivia.
4. Explain and discuss the various remedies available to the parties
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Discussion
1. Define contract law and describe all the blueprints of a contract.
The English contract law is considered to be the body of law that helps in regulating the
contracts that are made in England and Wales. It is considered that this law is having its roots in
the Lex mercatoria and the different activism of judiciary which took place during the different
industrial revolution of the country. In common words, the contract is considered to be formed
when one person makes an offer to the other person and the other person accepts the offer that is
made by that person. Here this is considered that the acceptance of the contract can be done
through the different forms where the acceptance can be made through the party by the conduct
of the party (Austen-Baker, 2017).
The modern law of contract in the country is considered to be a primary creation of the industrial
revolution which was done in the 20th century. Also the foundation of all European contract law
is traceable from the Ancient times and the Roman law. For the purpose of formation of contract
and agreement is required to be made among both the parties which gives rise to the obligation
which can be enforceable or recognised by the law of the country. The basic elements that are
required to make the contract the country this includes agreement, contractual intention and
lastly the consideration (DiMatteo, and Hogg, 2016).
The first requisite for the purpose of creation of the contract includes that the parties must have
reached the agreement. The agreement is reached when one party makes an offer and the other
party accepts that offer. For the purpose of identifying whether the agreement has been reached
or not the court will apply the objective test (Beale, et. al., 2019).
For the purpose of creation of the contract, the person must make an offer and the other party
must accept the offer. One of the most important elements for the purpose of creation of
contract. Hence some of the terms that are related to the creation of contract include the
following,
 Offer: offer is considered as an expression of willingness to the contract which
specifies the terms and the intention for the purpose of offering to make a contract. An
offer can be addressed to the single person or to a group of person for the purpose of
making a contract. An offer that is made may be accepted by the conduct by the
offeree (sentence doesn’t make any sence??)
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 Acceptance: when an offer is made, the acceptance is considered to be done by the
party to whom the offer is made. Acceptance may be done by conduct or by
communication of acceptance. It has no effect until it is considered to be
communicated to the offeror.
 Consideration: in common law promise is not binding on the contract unless it is
considered to be supported by the consideration. This requires that something must be
promised for the purpose of making the contract and enforceable (Howells, 2017).
 Contractual intention: an agreement which is supported by consideration is not binding
until there is no legal intention prevail at the time of making the contract ( sentence
doesn’t make any sense!!). The legal intention to make the contract is required and
without this the contract would not be considered to be enforceable by law.
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2. Explain the court system in relation to the English legal system and advise the parties above
which court(s) action to pursue.
It is defined that in the United Kingdom there are 4 legal systems which are based on the
geographical area on which the court system is dependent. The courts in the UK deal with
different types of offences for which they follow various and different regulations and other
courts where British people can appeal. The court system is divided into criminal, civil and
family court (Poole, 2016).
The courts of England and Wales are supported through the administrative body which
includes the majesty court and tribunal services which are responsible for the criminal and the
civil cases and bringing the direction of justice in England and Wales. The United Kingdom
does not have a unified legal system but on the other hand includes the four department’s that
are powered by the executive agencies. These are based on the hierarchical model where at the
top level the supreme court is situated after which the senior courts of England and Wales
prevails which includes courts of appeal high court and the crown court. After this the
subordinate courts are identified which includes counter court family court magistrates and
youth courts. Lastly the special courts and tribunals are unified which includes military courts
and various other quotes.
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Therefore in the present case the action should be persuaded through the county courts as it
deals with the matters that are related to the civil wrong. As the cases are related to the
contract law and the civil wrong are considered. Therefore this must be done through the
county court of the country.
3. Advise Hilary as to whether binding contracts exist between herself and each of the following
people: Eleanor, Amy, and Olivia.
As per the laws and facts that are explained above, Hillary made the contract with different
individuals. where it includes different scenarios and conceptions related to the transactions
that were entered into by her (sentence doesn’t make sense!!!) which are related to the cases.
This includes the following;
In the first case scenario, (repeted above and below too many times) that there was no binding
contract that was entered between Hillary and Eleanor. In contract law, offer when made to the
party must be accepted by the party to the contract in the method which is prescribed.(sentence
doesn’t make sense!) Here a counteroffer was made by the other party hence the contract that
was made is considered to be cancelled. This was defined in the case of Hyde v Wrench
(1840).
In second scenario that offer may be considered to be revoked before its acceptance however the
term revocation must be communicated to the other person and if it is not conversed, the
revocation is considered to be inefficacious. The facts for the offer to be rewarded was already
given hence therefore the offer is considered to be cancelled (Renaudin, 2019). As this was seen
in the case related to Byrne & Co v Leon Van Tienhoven (1880) 5 CPD 344
In the third case scenario of offer is considered to be accepted by the conduct. Here in the
present case Hillary made a unilateral offer which needs to be accepted by the conduct and it
could be revoked without the need of communication. The revocation of offer must have been
done before the performance of offer has started. The performance for the offer was already
started and hence it is considered to be bound by the offer and it is enforceable and binding. It
was identified in the case of Daulia ltd v four millbank nominees.
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4. Explain and discuss the various remedies available to the parties
As per the contract law that has been defined by the government of the country, there are
various remedies which are identified. Some of these includes:
 Damages
 Specific performance of the contract
 Injunction order
Here, the general remedy which is related to the case includes the specific performance which is
mostly awarded by the courts of the country. Therefore in the present case the court would
identify the nature of the damage and would then provide a judgement relating to the nature of
the damage (Siliquini-Cinelli and Hutchison, 2019).
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CONCLUSION
Therefore through the above report a conclusion can be brought where this is analysed that the
contract law plays a significant role in defining the rights and the obligation that are related to
the parties to the contract. The contract must be fulfilled as per the terms that are defined in
the contract and where the terms of the contract are not fulfilled then these are considered as
breach of contract. In the above scenario there are various situation where the contract was not
entered between the parties as the terms of the contract were not fulfilled between them.
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References
Austen-Baker, R., 2017. Implied terms in English contract law. Edward Elgar Publishing.
Beale, H., Fauvarque-Cosson, B., Rutgers, J. and Vogenauer, S., 2019. Cases, materials and text
on contract law. Bloomsbury Publishing.
DiMatteo, L.A. and Hogg, M. eds., 2016. Comparative Contract Law: British and American
Perspectives. Oxford University Press.
Howells, G.G., 2017. The European Union's Influence on English Consumer Contract Law. Geo.
Wash. L. Rev., 85, p.1904.
Poole, J., 2016. Textbook on contract law. Oxford University Press.
Renaudin, M., 2019. The consequences of Brexit on the regulatory competition and the
approximation of commercial contract law in Europe.
Siliquini-Cinelli, L. and Hutchison, A., 2019. More Constitutional Dimensions of Contract Law.
Springer International Publishing.
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