This document discusses contract law, its guidelines, and the importance of contractual relationships. It explains the court system in relation to the English Legal System and advises parties on resolving their matters. It also explores the existence of a binding contract and the remedies available for breach of contract.
Contribute Materials
Your contribution can guide someoneās learning journey. Share your
documents today.
Individual essay
Secure Best Marks with AI Grader
Need help grading? Try our AI Grader for instant feedback on your assignments.
Table of Contents INTRODUCTION...........................................................................................................................................3 MAIN BODY.................................................................................................................................................3 What is contract law and what are its blue print?....................................................................................3 Discuss about the court system in relation to the English Legal System and also advise the parties to resolve their matter from which court......................................................................................................4 Advise Hilary that whether binding contract exists between the parties or not........................................5 Explain about the various remedies which are available with the parties................................................5 CONCLUSION...............................................................................................................................................6 REFERENCES................................................................................................................................................6
INTRODUCTION Business law is a wider concept which discusses that how any of the company or commercial activity it is to be conducted. There are certain boundaries for business organization and in any of the condition those boundaries should not be breached. The organization which shows their carelessness towards following the law and policies they have to suffer from different types of problem. Talking about the file, there are some of the topics that has a connection with contractual relationship with different persons and with the help of contract law and its detail guidelines it will be understood that when any of contract can be formed and what are the terms and condition that needs to be followed.Also, remedies for the breach will be also explained. MAIN BODY What is contract law and what are its blue print? Contract law is the law that governs the legal relations between the parties. Talking about the law and policies of contact law, it is said that once agreement is formed the terms and condition and any of the other guidelines cannot be changed in any of the situation but if both of the involved party is agreed upon new condition then problem can be resolved. The process of forming any of the contract is not easy because there are number of terms and condition that needs to be satisfied. Although, contract is being formed in most of the cases but people generally do not identify it as a contract(Babaeian Jelodar and et. al., 2017). The guidelines of contract law are quite complex because there are number of aspects that needs to be satisfied. But, if all of the required condition is fulfilled then it will not be easy for any of the party to breach any of the terms. If it happens in any of the circumstances then option of legal against is also available. The benefits of contract law are not limited because fix date can be identified that when work will be completed at even payment is also decided in it which is the most important thing within the contract law. Some of the other benefit of contract law is that it provides the all of the necessary information which are essential to perform the contractual work. There is also a blueprint of contract which explains each of the single things in detail for better understanding. It is explained that whenever any of the business organization performs its business activity, they should take the help of contract law so that effective result can be
obtained. The first point of the blueprint of contract law is that, offeris the vital term within the contract that explains that how any of the contract needs to be formed. Secondly, there is a requirement ofacceptancewhich explains that whenever any of the offer is made the reply form offeree should be obtained that whether they want to accept or not. Talking it in detail, it is said that acceptance is equally important as offer because it is the base point where both of the parties agree to perform for each other in return ofconsiderations(Albrecht, 2018).It is important that whenever any of the contract is formed both of the involved party should be benefitted and for that consideration is necessary. Even legal intention has an important role because it explains that if any of the involved party will not perform work according to the guidelines of contract law then it can create further issues within the contract law. Also, whenever any of the party gets involved within the contract, it should be identified that contractual parties are of sound mind as contract cannot be formed with unsound minded person. Discuss about the court system in relation to the English Legal System and also advise the parties to resolve their matter from which court. There are number of situation where contract needs to be formed and once contract is formed there are number of situation where dispute arises. Talking about the business entity whenever any of the dispute arises, they should be able to identify that how those disputes can be resolved in best possible manner(Strauser and et. al., 2016). In context of English Legal system, there is a huge importance of judiciary body because they are the one who takes the decision regarding any of the civil and criminal matter. Talking in detail, it is said that English Legal System works on the basis of strong ground where they analysis the situation in detail so that appropriate decision can be obtained for declaring the decision. At one side, there is civil court procedure which can only resolve those cases which are bailable offence in nature. These types of dispute never create issue for the other party due to which it comes under the category of civil matter. There are almost no chances that penalty of sentence can be imposed in civil cases. At the same time there is criminal court procedure which is totally opposite of it because in these types of procedure it is always essential that defaulter should be kept in the custody of police because their offence can create issues for the society in future time period(Sheth, 2017). Here, penalty is mainly relating to sentence because of the liability that any of the criminal offence carries.
Paraphrase This Document
Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
In context of the case, this dispute has not created any of the problem for society which means it the civil matter. Whenever there is a civil matter it needs to identify the main reason of the dispute which seems to be relatable with contractual relationship and in this type of situation county court procedure plays the most important role in resolving the problem(Pavlov, 2019). Advise Hilary that whether binding contract exists between the parties or not. There are number of situations that has been created as per the case scenario where identifying that whether legal relation exist between parties or not. In the similar manner, analysis will be done upon the given case scenario. Hilary & Eleanor:As the circumstances of the case scenario, the legal relation between Hilary and Eleanor has not entered into the valid contract(Mitkus and AverkienÄ, 2019). It is because both of them are not agreeing to the terms and condition of offer and counter offer due to which problem has been increasing between both of the party and successful contract is not being formed. Hilary & Amy:In this particular situation as well, it was not possible establish a valid contract because offer that has been made by Hilary was rejected by Amy through Fax. It means that both of the party will not be liable to perform for each other in any of the circumstances. Hilary & Olivia:It was the only situation among different situation because the offer to treat that has been made by Hilary was exactly performed by Olivia to make it as a valid offer in which she can show her acceptance(SimƵes, 2019). It means that a valid contract has been formed between the parties in which Hilary is taking backstage to no perform her part of work in the contract. Explain about the various remedies which are available with the parties. To any of the extend, it is not permissible to breach the terms and condition of the contract, it means that each of the given responsibility should be performed accordingly. According to guidelines of Legislation whenever any of the party breaches the condition of contract then there some of the remedies which is available such as option of compensation is availablewheredamagessufferedbyInnocentpartywillberecovered(Younesi,2017). Secondly, specific performance is also seen in number of cases. In this respective condition the remaining work is also needed to be completed.
CONCLUSION The discussion in the file explains that whenever any of the organization suffers from any sort of problem, they need to take the help of business law as it guides in the right direct for taking suitable decision. There is number of importance of contractual relationship because it suggests that how any of the work needs to be done with the contract. Although, there are different types of activity that can be performed under contract law but eventually, it is equally important that any of the terms and condition of the contract should not be breached under contract law as innocent party gets the right to take legal actions in this particular situation. REFERENCES Books & Journals Babaeian Jelodar, M. and et. al. , 2017. Assessing contractual relationship quality: Study of judgment trends among construction industry participants.Journal of Management in Engineering,33(1), p.04016028. Albrecht, S., 2018. DÄr al-IslÄm and the West: A Contractual Relationship. InDÄr al-IslÄm Revisited(pp. 165-217). Brill. Strauser, D. R. and et. al., 2016. Academic Freedom: A Contractual Relationship Guiding Rehabilitation Counseling. Pavlov, A. A., 2019. Contractual Relationship on Management in Corporate Law: Analysis of Law Enforcement Practice.Herald Civ. Proc., p.28. SimƵes, F. D., 2019. Nationalization, Natural Resources and International Investment Law: ContractualRelationshipasaDynamicBargainingProcess,writtenbyJunji Nakagawa.The Journal of World Investment & Trade,20(2-3), pp.467-471. Younesi,H.,2017.PreservingtheContractualEquilibriumofInternationalPetroleum Contracts: A Relational Contract Analysis(Doctoral dissertation, University of York). Mitkus, S. and AverkienÄ, D., 2019, May. Legal significance of construction documents: consequences of non-implementation of contractual regulations for the client and the contractor in Lithuania. InInternational Scientific Conference āContemporary Issues in Business, Management and Economics Engineering". Sheth, J., 2017. Revitalizing relationship marketing.Journal of Services Marketing.