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Components of a Legally Binding Contract under English Law

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Added on  2023-01-11

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This document discusses the components necessary to create a legally binding contract under English Law. It explains the importance of enforceability, the offer and acceptance, consideration, mutual assent, and legal capacity. It also explores the consequences of breach of contract and the available remedies. The case of Simon and Beyoncé is used as an example throughout the document.

Components of a Legally Binding Contract under English Law

   Added on 2023-01-11

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Contents
1. As Simons legal advisor advise him of the components necessary to create a legally binding contract
with Beyoncé under English Law......................................................................................... 1
2. Of the consequences if contrary to the agreement, Beyoncé refuses to sing at the finale falsely
claiming the twins are ill.................................................................................................... 3
References:.................................................................................................................... 5
Components of a Legally Binding Contract under English Law_1
1. As Simons legal advisor advise him of the components necessary to create a legally
binding contract with Beyoncé under English Law
The parties of the contract entered into the contract because of the enforceability of the contract,
without the enforceability of the contract; there is no scope of remedy or claim. The
enforceability of the contract means the terms and condition of the contracts are legally binding
on the parties and if any breach has done by any party to the contract another party can claim
remedy of the breach from the wrongdoer. Enforceability of the contract is the reasonable
assurance that the promise made between the parties to the contract is enforceable before the law.
Sometimes English law delivers extraordinary guidelines concerning the establishment of the
contract for the specific motive of course of action. For example, as per the rule of English
contract for the formation of a contract of sale and other disposition of interest of the property, it
is important that the terms and condition of the contract must be written in the agreement
between the parties and both parties must sign on that written document (Cartwright, 2016).
In the case of Goel & Anor v Grant & Anor [2017], EWHC 268 the court held that parties to
the contract must aware that electronic mails can create a legally binding contract if the language
used in the email clearly shows that parties to the contract have an intention to create a legally
binding contract.
Therefore the English contract law for the formation of contract and binding of that contract
these components are required:
The first component of the contract is an offer of the promise. Offer is a communication
regarding the desire of any promise which is made by one party to another party in such intention
that other party will accept the promise. In the contract, it is important that promise must be
made between two or more person. A person who initiated the contract and who made the offer
of the promise is known as offeror and the party for whim the offer was made by the offeror is
known as offeree (Taylor & Taylor, 2019).
The second component of the contract under English law is Acceptance. Once an offer is made
by the offeror for the offeree it is the decision of the offeree that whether he/she wants to accept
Components of a Legally Binding Contract under English Law_2
the offer or not. If the offeree accepts or willing to accept a promise or contract with the same
terms and condition of the promise, in that case, offeree made a communication with the offeror
and accept the offer which is known as the acceptance of the offer.
The third component of the contract is the Consideration of the promise which is the price of the
promise. As a consideration of promise, the price of promise can be in a form of money, property
or any other service. It depends on the terms and condition of the promise that in which mode the
consideration will be paid by the party to the contract. Without the consideration of promise,
there is no contract which can be enforceable by the English law.
The next component of the contract is Mutual Assent which is the same understanding of the
parties on the terms and conditions of the parties. This ensures that parties to the contract have a
meeting of mind on the contract. If any party to the contract reserves any vital information
related to the contract from the other party of the contract, in that case, the parties to the contract
has no mutual assent which means there is no meeting of mind of the parties on the terms of the
contract.
And the very important component is that the parties to the contract are competent and have the
legal capacity to enter into the contract. For the formation of the contract, it is important that the
parties to the contract are above and sound mind.
For the legally binding contract, it is important that the purpose of the contract must be lawful
and also the subject matter of the contract is legal (Tepper, 2014).
In the case of Barbudev v Eurocom Cable Management Bulgaria Eood (2012) it was stated
that legally binding contract required that the parties to the contract must have the intention to
create a legal relation or legal obligation upon each other and also ensures that the agreement
made by the parties must consist of the offer of the offeror and the acceptance of the offeree on
same terms and condition of the agreement. Because the legally binding agreement means that
both the parties agree to perform their part of the contract and also the terms and condition of the
agreement is also binding on the part and if any party breach the terms of the contract victim
party can ask the claim to the wrongdoer in the court (Sullivan & Hilliard, 2016).
Components of a Legally Binding Contract under English Law_3

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