Jeanine's Legal Position in Contract Law

LLB - LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
a) Jeanine on her legal position in relation to the issues that arisen under the contract law.......4
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
There is a great importance of contract law because it is a promise between the parties that they
made before starting any business and it legally binds both the parties so any technical mistakes
will not arise in the given future .Contract law is a law which essentially makes the agreement
enforceable that means the party who breach the contract terms and conditions is been liable to
pay the compensation amount for the breach of contract. (Disch, 2016). The present report is
based on Jeanine and his family which they essentially sell the cheese in the market and Jeanine
entered into the business to expand their family business and she entered into the contract with
the different individuals and company .The present case is based upon the Jeanine and and her
legal position in relation to the different issues that made arise during contract with the different
parties.
Definition: As per the UK contract act’ 1990, contract means an agreement between two or more
persons which is enforceable by law which creates legal rights and obligations of the parties. It is
essentially based on offer, acceptance and consideration.
Elements related to contract
 Offer:In this the person who made the offer is known as offerer and the person who
accepts the offer is known as offeree.
Conditions
 It must intend to create legal obligations.
 It is different from invitation to offer.
 It can be expressed or implied.
 It should not be vague
 Acceptance: In this the offeree gives his consent towards the offer which made by the
offerer and once the consent is made, the offer is accepted.
Conditions
 It must be absolute and conditional
 Rejection by offeree
 Revocation withdrawal by offerer and offeree
 Death, insanity of offer offeree.
 When offer must be in absolute and prescribe mode but the acceptance is not made as per
prescribed mode.
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 When subject matters becomes illegal or destroyed (Kötz, 2017).
 It must be communicated
 Consideration: It means something In written, when it is written form it essentially
clears down all the roles and responsibilities between the parties who entered into it, so
any mis-happening will not arise in the future and contract will be complete.
Conditions
 Consideration should move at the desire of promiser only.
 Consideration can be made by promise e or any person.
 Consideration can be past, present or future.
 Consideration need not to be adequate.
 Legal capacity: It means the parties who entered into contract should have legal capacity
to enter into it and will not be mental, unsound mind, minor and not disqualified by any
law.
 Writing requirement: All the terms and conditions related to the contract will be in
written form so any disputes and conflicts will not arise among the parties in the near
future.
 Contract formation: When all the essentially conditions are fulfilled by the parties then
only the contract tends to be valid and that makes the contract complete between both the
sides.
 Free consent: Consent is said to free when it not caused by coercion, undue influence,
fraud, misrepresentation and mistake (Knapp, Crystal and Prince, 2016).
Coercion: Commit or threaten to commit, retain or threaten to retain. Example: Threat to
commit suicide is amount to coercion, threat to file suit is not amount to coercion.
Undue influences: When on party is in the position to dominant the will of other party, such
party uses his position to take an unfair advantage in the market. Example: Employer and
employee, master and servant, doctor and patient.
Misrepresentation: When the false statement is made with the knowledge and the intention of
one party is to deceive the amount from other party from which he entered into the contract
Parties -Smith vs Land and House property Corporation
Case- Misrepresentation
Law-Contract Act
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