Contract Law and Remedies: A Case Scenario Analysis

This essay provides a comprehensive analysis of contract law and the remedies available in case of breach of contract. It explores the elements of a contract, the court system in relation to the English legal system, and provides advice on pursuing legal action. The essay also examines the binding contracts between Hilary and Eleanor, Amy, and Olivia, and discusses the various remedies available to the parties, including damages, specific performance, injunctions, repudiation, and rescission.

Individual Essay

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY .................................................................................................................................3
Q1. Define contract law and describe all the blue prints of a contract.......................................3
Q2 Explain the court system in relation to the English legal system and advice the parties
above which court(s) action to pursue........................................................................................4
Q3 Advise Hilary as to whether binding contracts exist between herself and each of the
following people: Eleanor, Amy and Olivia. .............................................................................4
Q4 Explain and discuss the various remedies available to the parties........................................5
CONCLUSION................................................................................................................................7
REFRENCES ..................................................................................................................................8

INTRODUCTION
Contract laws are those kind of laws that has been formed in order to build strong
relationship between the parties that are willing to form an agreement. These laws covers various
aspects of business that has been helping in performing of transaction that is related to money. In
this treaties can also be formed. Scope of these laws are wider in nature that has been providing
various aspects that is related to business organization. Nature is dynamic that has been making
an organization gain profit from it. In this essay an case scenario is given that is based on
contract law. Then questions are being given that has to be answered as per the scenario.
MAIN BODY
Case Scenario: Hilary advertising is having printing press that has making specialization over
the journal and charges of £15,000. Eleanor has been offering Hillary £10,000 to make purchase
done. She told that she has been offering £13,000. It has been making that further from Eleanor ,
Hilary that has been writing against for making acceptance over offer £10,000. Again Hillary has
wrote offering to Amy over office computer £1,000. In morning it has been receiving by her and
Amy has written that agreeing over the asking rate. Letter is being posted before making delivery
and Amy has been changing her mind by sending a fax denoting to ignore the letter. Hillary
made a summer sale to her gallery. Long notice has been put over window stating that
valuable painting by Trumpeter, a famous artist, would be available for only £1 to the first
customer who came into the gallery at the commencement of the sale. Olivia waited outside shop
for two days before making sales that has been getting entered into shop. Hilary is being told that
painting by Trumpeter is not for sale (Plass, 2020).
Q1. Define contract law and describe all the blue prints of a contract.
Contract law is that kind of agreement which give rise to legal obligations that has been
recognised and enforced by law. In order to form a valid contract various kinds of elements
required to be presented which are offer, acceptance, consideration, intention to create legal
relations. A contract is a part of law of obligations. Offer may be communicated to specific
offerer. Acceptance to the offer must be communicated to the offerer. It may be accepted by
express words or by conduct. Consideration it is an important element for the formation of
contract. A contract is unenforceable without the consideration. This means there must be a

B26568 mutual consideration from either side of the parties. An agreement is not binding if it is
made without the intention to create legal intention even though it is supported by consideration.
Q2 Explain the court system in relation to the English legal system and advice the parties above
which court(s) action to pursue.
English legal system consists of subordinate courts and senior courts.
Subordinate courts include Magistrate's courts, Youth courts, Family proceedings court
and County courts. Magistrate courts hear minor criminal cases, youth courts hears case of
offenders to the age of 10-17 years. Family proceeding courts deal with family matters and is
presided over by magistrate's court. County courts deal with civil cases and it is presided over by
District judge. High court has division regarding appellant court for civil and criminal cases from
subordinate courts and also functions as civil court of first instance. It also has 3 divisions
namely Queen's Bench, Chancery and family division and all are functioning as high court.
Crown court has both original and appellate jurisdiction of criminal cases and certain civil cases
of first instance. The Supreme Court is the final court of appeal for civil cases and criminal
cases.
Under the case scenario, the parties are advised to pursue to the County Courts for minor
claims or High Court, which has three divisions that is(Queen's Bench, Family and Chancery). In
this case decision can be made by subordinate court and if the party is not satisfied with the
judgement then they may go to Court of Appeal and also it holds jurisdiction as a division of
court.
Q3 Advise Hilary as to whether binding contracts exist between herself and each of the
following people: Eleanor, Amy and Olivia.
Contract between Hilary and Eleanor -
At first instance Eleanor offered Hilary to purchase printing press for £10,000 and then
Hilary instead of accepting the offer gave counter offer to sell the printing press for £13,000. but
Eleanor did not respond to the offer of Hilary so there is no acceptance from Eleanor's side and
Hilary again offered her the price of £10,000 but Eleanor rejected the offer so there is no
acceptance. Without acceptance to the offer there is no binding obligation on the parties and
there is no such contract between the parties (Lutzi, 2016).
In Hyde v. Wrency the court held that Making a counter offer amounts to a rejection of
the original offer which cannot subsequently be restored or accepted and to constitute a valid

contract there must be offer, acceptance, consideration and intention o B26568f creating legal
relation. Here only offer is there, other conditions are not fulfilled. So, it is not a valid contract
and hence not binding.
Contract between Hilary and Amy -
Hilary offered Amy to sale an office computer for £1000 through letter. The morning
letter was received by her. Amy accepted the offer at asking price and wrote to Hilary agreeing
to buy it. She changed her mind and sent a fax to Hilary asking her to ignore the acceptance
when it arrived. Contract between Hilary and Amy is not binding because the mail rejecting
offer was received first. Even though Amy sent acceptance first, the fact that rejection was
received first and this makes contract to be not binding over parties.
Contract between Hilary and Olivia -
In this Hilary has decided to have an grand summer sale at her gallery and a notice has
been put by her that valuable paintings made by Trumpeter is ready for selling at the cost of £1.
For the first customer when sale starts. Here Hilary advertised outside her gallery for sale and it
is invitation to treat and hence it is not an offer so there is no binding contract between Hilary
and Olivia. In Partridge v Crittenden the court held that invitation to treat includes
advertisements and hence it is not binding. Hence the contract of Hilary with Eleanor, Amy and
Olivia are not binding contracts (Filatova, 2020).
Q4 Explain and discuss the various remedies available to the parties.
Remedies are provided to the aggrieved party when there is breach of contract and the
aggrieved party has suffered loss or may suffer loss.
Following remedies are available to the parties -
Damages -
To compensate for the loss, the injured party has suffered due to breach of contract , damages
are provided to the injured party. For the entitlement to substantial damages, the injured party
must show -
1. due to breach of contract, actual loss is caused
2. type of loss is recognised
3. the loss is not too remote

Specific performance -
The court may order for specific performance of contract where the damages are
inadequate which will compel party who has breached the contract to fulfil the terms of contract.
In Stickney v Keeble the court held that it will only grant specific performance of contract when
it is just and equitable to do so. For claiming this remedy, the claimant must come to equity with
'clean hands (Basedow, 2019)'.
Injunction -
This remedy is claimed for restraining the party from committing breach of contract.
Types of injunctions are –
1. Interlocutory this has been designed over regulating position of parties that has been
making claim upon pendecy when full hearing takes place.
2. Permanent, which are permanent in nature and is claimed after final disposal of the case.
3. prohibitory, which means prohibiting the defendant from doing any act in breach of
contract
4. mandatory in this defendant is required to make reverse affect over breach that is
existing.
Repudiation -
Repudiation means to end the contract. It is available only for breach of obligation. This
remedy can be claimed by the aggrieved party for breach of contract.
Rescission -
This remedy places the parties in pre contractual position. This remedy is available when
there is a vitiating factor, that is, undue influence, misrepresentation or duress. It is available at
the discretion of judge. Under this remedy, the parties may rescind the contract.
So, it can be observed that since no contract has accrued and no remedies can be used by
the parties. Only invitation to treat exists that is not an offer.

CONCLUSION
From the essay it can be concluded that contract are the laws that has been used in order
to make an organization perform all transactions that is related to business. In this file contract
law and its elements has been explained. Then information on courts has been given in detail.
Further in this file validation of contract has been explained between parties. In the end damages
has been explained with relevancy in case.

REFRENCES
Books and journals
Basedow, J., 2019. Bail-in and International Contract Law: Some Conflict-of-Laws Perspectives
on the European Banking Union. Texas International Law Journal. 54(2).
Filatova, N., 2020. Smart contracts from the contract law perspective: outlining new regulative
strategies. International Journal of Law and Information Technology. 28(3). pp.217-242.
Lutzi, T., 2016. Introducing Imprévision into French Contract Law A Paradigm Shift in
Comparative Perspective. The French Contract Law Reform: a Source of Inspiration.
pp.89-112.
Plass, S.A., 2020. Federalizing Contract Law. Lewis & Clark L. Rev.. 24. p.191.
Roux, S., 2017. Smart contracts: contract law. Without Prejudice. 17(2). pp.28-29.
Young, J., 2016. Justice Beneath the Palms: Bhasin v. Hrynew and the Role of Good Faith in
Canadian Contract Law. Sask. L. Rev.. 79. p.79.