Legal Advice on Law of Contract Case Study 2022

RUNNING HEAD: CONTRACT LAW
Contract Law
Name of the student
Name of the university
Author Note

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CONTRACT LAW
RE: LEGAL ADVICE ON LAW OF CONTRACT
Dear Sid,
According to your request, I am drafting this letter for providing you a well explained
lawful suggestion about the contract law.
The first concern regarding the provided case is whether Sid is bound by the contract of
membership with the organisation Dancing Club Pty Ltd.
The second concern regarding the provided is whether the Club is bound by the contract
of membership with Sid.
The third concern regarding the provided case is whether the contract of membership
provides the right to alter the access hours of the Club without any prior notice.
The fourth concern regarding the provided case is whether Sid is entitled to receive a pair
of free dance shoes
The fifth concern regarding the provided case is whether the fees stated for the
membership forms a contract of membership.
The sixth concern regarding the provided case is whether Sid would have experienced a
different situation if he would have read the terms and conditions of the membership contract
before signing it.
Rule of the Law:
A legal agreement can be said to be valid if an offer is produced by an offeror and the
produced offer should be accepted by an individual who produced the offer. The essential

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CONTRACT LAW
elements of the contract should be present in an agreement produced by the offeror. The case
study of Carlill vs Carbolic Smoke Ball Co1 can be suggested as a matter of reference.
The main necessary elements for creating a valid agreement is that there should be the
presence of an offer in the contract and that given offer should be accepted by the individual to
whom the offer is produced. Such a type of contractual agreement is essential to be conveyed,
and the actual focus should be pointed for developing a lawful connection between the
contractual parties that will enhance in developing a contract along with the conditions and terms
of the contract. This statement can be supported by the case study of Smith vs Hughes (1871)2.
The main necessary elements of a valid contract are as follows:
Offer:
The main element for creating a valid lawful contract is an offer. In an agreement the presence of
an offer or a promise is must. The contract or the agreement will be invalid if there will be
absence of an offer. The essential element of a contract is considered as the offer. It is considered
as the essential elements of a valid contract as it clears out whether the agreement is legally valid
or it can be legally acceptable or not. In a document of a contract it is essential that a party
should produce an offer3. There is a basic difference between an advertisement and an offer. For
developing a valid agreement there should be two parties, or more than two parties and the
contractual parties should be legally capable of entering into valid contract. When an offer is
accepted it can be said as an agreement that leads to a creation of unlawfully valid contract.
1 Carlill vs Carbolic Smoke Ball Co QB 256; (1891-4) All ER Rep 127
2 Smith vs Hughes (1871)LR 6 QB 597
3 Peden, E., 2001. Incorporating terms of good faith in contract law in Australia. Sydney L. Rev., 23, p.222.

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CONTRACT LAW
When an opposite party is provided with an offer that particular person or an individual should
have a positive idea of outcome of the made offer in case the offer is being accepted by the
opposite parties of the contract or the agreement. For example a family decided to go for a tour
with a travel agency during their holidays for a trip to Hong Kong. The family created a contract
with the tourist company by filling up an informative form where it has been observed that they
accepted the conditions and terms by signing off the agreement. This specific sign in the
document of the contract makes it clear to the tourist company that the family has agreed to the
rules and regulations specified in the document of the contrac4t. In this situation it can be well
understood that the family has entered into a valid contract with the tourist company.
Acceptance:
When an offer is present in an agreement, there should also be an acceptance to that produced
offer. When a document of the contract is made there should be an acceptance from the opposite
party of the contract or the agreement. When the terms and condition of the contract is clear to
the opposite party of the contract the produced offer should be accepted as the offer along with
the terms and condition of the offer is clear to the contractual parties. The rule of the contract or
the contractual document should also be clear to both the parties of the contract (Drahos and
Parker 1990). A legal agreement cannot be said to be valid if the parties of the contract continue
to negotiate or discuss, no provision can be considered for acceptance of that offer as the
agreement will not be valid. The parties in a contract should accept an offer either in writing or
orally where the content or the terms of the contract is being created verbally or should be
spoken out.
4 Cartwright, J., 2016. Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing.