CASE ANALYSIS OF JULIE AND LAILA CONTRACT

Running head: CASE ANALYSIS
CASE ANALYSIS
Name of the student
Name of the university
Author note

CASE ANALYSIS1
Answer to Question 1
Issue
The issue involved in the particular case is whether there is an existence of a binding
contract between Julie and Leila. Another issue concerned whether the approach is different in
case Juile has not read the announcement and expressed about incentive by April after she
discovers and return chain and locket.
Rule
The requisite for the contract to be legally enforceable generally engage in between two
parties. Thus to establish the arrangement binding lawfully the criteria which require to be
satisfied involves. Firstly the conference of the contracting parties minds that is demonstrated
through the method of acceptance and offer (Frey, 2015). Secondly, there should be the presence
of consideration as the agreement in the absence of consideration is not enforceable in the eyes
of law. Thirdly there should be the existence of intention for the formation of the legal
relationship between the parties to the contract (Wolfson & Burright, 2018). Fourthly the
contractual parties should have the capability to enter into the contract and the parties should
voluntarily consent to an arrangement that is to say consensus as idem is one of the basic
requisites of a valid contract (Jung & Krebs, 2019). In the case of Taylor vs. Caldwell is
landmark case of contract law that pronounced by Justice Blackburn create doctrine of
impossibility in common law. The offer is said to be expressing inclination by the contractual
parties to legally binding agreement on the particular stipulation that is underlined and the
intention of the party to be binding on approval by the other side that is offeree (Adriaanse,
2016). The offer entails exchange terms, the willingness of offeror to be binding by the terms of

CASE ANALYSIS2
the contract in addition to that assign to offeree the authority to bind the party who gives offer so
the offeree has no option to decline the offer on accepting the same. The acceptance of an offer is
considered as unconditional acceptance of the conditions as specified in the offer. In the case of
Cutter vs. Powell is the contract law that focuses on considerable conduct in contract. it is
concluded by the court that there is conclusion of express contract by parties there is no inference
of terms in contract. Thus the major requisites under Contract law are the contractual parties
must confer voluntary consent to an arrangement. Furthermore, it indicates that one party to the
contract intimidates others in signing the agreement by the application of undue influence or
duress it is not treated as a valid contract in the eyes of law (Smits, 2017).
The contract is determined as the promise that is legally binding in between the two
contractual parties for the purpose of complying the liability in return of something that has
value. Thus for the contract to become legally valid, there should be the presence of agreement,
consideration, capacity and also the intention of the contractual parties (Laycock & Hasen,
2018). It is also noted that all arrangement cannot be held as a contract that obliges the parties to
fulfil the obligations after the same is concluded. So it can be said that all contracts are
agreements but all agreements are not contracts. The agreements in order to be contract must be
legally enforceable. In addition to that, the agreement in order to be legally binding must comply
with the necessary requisites. In the arrangement, the parties who engage in the same must have
an intention for entering into a legally binding contract. The common assumption in case of
commercial arrangement is the parties to the contract must have intention to come into the
legally binding agreement. In the social state, there is an absence of intention in general for the
arrangement to become enforceable in law. Thus it is left on the discretion of the parties who
desires to treat the arrangement as the contract for establishing the parties to the contract

CASE ANALYSIS3
intended to arrive in the contract that is legally binding. The agreement occurs when there is an
offer that is made by one party and there must be acceptance of an offer. The offer is treated as
something diverse from that of invitation that invites others to create an offer and there is an
absence of intention to make it binding contractually. For instance catalogues, advertisement, as
well as brochures where the product price are not registered, is not treated as offer however the
same is treated as an invitation. The acceptance of the terms as listed in the offer should be
unconditional and the same should be communicated to the offeree. In case there exist any
negotiation in between the contractual parties that is being treated as a counteroffer and not an
acceptance. In the case Balfour vs. Balfour [1919] 2 KB 571 is one of the landmark case in
contract law where it had been held by appellate court unanimously that there was an absence of
an agreement that is enforceable though there is the difference in depth of reasoning. Justice
Lord Atkin reinforce that there is an absence of intention to create a legal relationship. Thus it is
held that rebuttable presumption as against the intention to establish an agreement that is legally
enforceable when the arrangement is in nature domestic.
Analysis
Thus by analysis this case where Julie after reading announcement find lost chain and
locket on way after knowing the same he returns it to the owner of goods that is Leila and also
assert rewards for finding the same (Poole, 2016). It is held that there is no establishment of
binding contract in between Leila and other parties that is Julie. The agreement in order to be
binding must have an offer, acceptance, intention, capacity and free consent. The acceptance in
order to be legally enforceable must be absolute and unconditional and the same should be
communicated to the offeror (Arbel, 2015). Thus by relying upon the case of Carlill vs. Carbolic
Ball company is the decision of English law in contract that held the advertisement atht specifies