Law of Surveyors

Running Head: Law of Surveyors
Law of Surveyors

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Law of Surveyors
Contents
Part –A.................................................................................................................................2
Introduction..........................................................................................................................2
Body.....................................................................................................................................2
Conclusion...........................................................................................................................5
Part –B.................................................................................................................................6
Introduction..........................................................................................................................6
Body.....................................................................................................................................6
Conclusion.........................................................................................................................11
Part C.................................................................................................................................12
Introduction........................................................................................................................12
Body...................................................................................................................................12
Conclusion.........................................................................................................................13

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Law of Surveyors
Part –A
Introduction
Contract is an official agreement which could be oral or written . They can be executed
by using informal and formal terms . They could be either spoken or written. It is a
promise which is made amongst two or more parties .
It has six significant components viz. for it to be valid . They are acceptance, offer,
intention, consideration in order to create a legal relation ,capacity and certainty. If the
above mentioned elements are not present in a contract , it is considered to be invalid. So,
in this assignment, the essential elements of a contract would be explained in the context
of the case study of the firm ABC surveyors , placing an advertisement to sell off its
large stock of surplus office equipment and machinery .
Body
The case study pertains to whether would be bidders who had read the advertisement for
the initial sale on 15th February can sue ABC Surveyors for compensation for the losses
incurred including travelling and hotel expenses.
A contract is aimed at creating an agreement amongst two or more parties regarding a
specified subject . It is a legal binding agreement amongst two or more parties . If it
consists the fundamentals of a strong legal agreement , then it is enforceable by a
binding arbitration or law .
One of the major elements of a contract is offer. An offer or promise is needed in a
contract as without offer, there is no contract . It is one of the major elements of the
contract as it ensures that it is legally valid or acceptable.
It is crucial for the party to make an offer. For making an offer, there should be two
parties which are legally capable of executing a contract . Upon the acceptance of the
contract , a valid legal contract is executed (Riefa,2016) .
The second element is approval. After having an offer in the contract, there must be
acceptance. In order to make a contract , there should be approval from the other party.

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Law of Surveyors
When the other party is clear with the offer it should accept the offer , once it is clear
with the conditions of the offer .
The third element is consideration which is one of the important components of the
contract .Consideration in a contract implies that there would be exchange between the
promisor and promisee. The consideration in a contract is legally valid.
There should be intentions to create legal relations. The contract would not be legally
valid if the common intentions of the parties can be enforced legally. Other element is
certainty. The terms and conditions should be specific and clear. They should be easily
comprehended by the parties. Lastly, the parties which must be legal capable to execute
the contract .
There is a difference between an offer and an invitation to treat . An offer is made when
the person is willing for entering into a contract which is legally binding. An invitation
to treat is supplying information to attract a person for making the offer.
The difference between the two can be misleading and misinterpreted . In Harvey vs
Facey [1893], it was held that when the complications and misinterpretations occur ,
then the court decide and differentiate between the two terms. A person is not led into a
contract which is binding if he is not willing to be part of but is supplying the
information regarding which an offer is to be made.
With the context of the given case, an advertisement can be an offer or an invitation to
treat . The intention of the parties form its basis . In the case of Partridge vs Crittenden
[1968] it was held that it is based upon the purpose of the parties to consider it as an
offer or invitation to treat .
In this context , it is essential to understand the relevance of unilateral contract . A
unilateral contract is a contract which is made by an offer accepted only by its
performance. It can be formed by expressing an offer stating that it can only be
acknowledged through its execution.