Business Law: Contractual Relationships in Hilary's Case Study

This report provides a comprehensive analysis of contract law principles through a case study involving Hilary and various parties. It delves into the intricacies of contract formation, examining the elements of offer, acceptance, and consideration in scenarios with Eleanor, Amy, and Olivia. The report assesses whether binding contracts were established in each situation, considering aspects like counter-offers, the postal rule, and invitations to treat. Furthermore, it explores the UK court system, outlining the hierarchy and jurisdiction of different courts relevant to the case. The report also discusses the various remedies available to the parties involved in case of breach of contract, including damages, repudiation, rescission, and specific performance. The study highlights the importance of understanding contract law to avoid disputes and ensure legally sound business practices, referencing relevant legal concepts and case precedents.

Task Description
Project 1

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
1. Contract law and all the blue prints of a contract:..................................................................3
2. Explaining court system with context to English legal system and advising parties above
which courts action to pursue:....................................................................................................3
3. Advising Hilary as to whether binding contracts exist between herself and each of
following people: Eleanor, Amy and Olivia:..............................................................................5
4. Explain and discuss the various remedies available to the parties:........................................6
CONCLUSION...............................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
Business law is wider and significant aspect which require understanding of all
legislature policies and law with aim to support business operations (Grundmann and Hacker,
2017). The study covers comprehensive discussion about contract laws, blueprint of contract,
court systems and remedies available to different parties in a contract in the context of case of
Hilary as provided.
MAIN BODY
1. Contract law and all the blue prints of a contract:
Contract law is structured to enable contracting parties with an appropriate legal
mechanism to settle their conflicts and govern their contractual responsibilities. Contract law is
often self-regulatory, for most agreements having little oversight. The courts allow no judgement
about whether or not contract was fair; will it be implemented if it had been decided.
Withstanding this courts are able to depart from principle of contractual independence on certain
occasions. Perhaps this is whereby contracting party exploited negotiating power. There are
certain contractual relationships between persons and so contract law is form of civil laws.
Common law is primary source/base of contract law, wherein prior court rulings form basis of
existing law. In simple terms, it is possible to characterise a contract as legally binding orally or
in writing arrangement exchanging some mixture of products, services, wealth and possessions.
This is common misconception that contract should be in written form, because oral or
behavioural arrangements in contract creation could be just valid. Contract is special in that,
although there are any exceptions, sides are allowed to negotiate to any terms they want, this is
recognized as contractual freedom (MacMillan, 2016).
2. Explaining court system with context to English legal system and advising parties above
which courts action to pursue:
UK is composed of three major jurisdictions or self-contained legislature systems):
 England and Wales
 Northern Ireland
 Scotland
Each such mentioned jurisdictions have their own court system, laws/rules and judicial
system. However:

(a). Legislation applicable with one jurisdiction, especially if it is derived through legislation
(Parliamentary Acts and Legislative Instruments) which extend in certain jurisdictions in same
or quite similar way.
(b). Although courts in each such jurisdiction which decide lawsuits separately from other
jurisdictions and final appeals go to the UK's Supreme Court.
The general court-system including hierarchy are set out below. Remember, however,
that comprehensive review of civil court structure in England-and-Wales, ordered by Lord Chief
Justice, took place in year 2016. The full ruling on "Civil Courts Framework Review" was
released on 27 July 2016. The analysis made a range of recommendations aimed at
reminding HM Courts and Tribunals Services of existing programme of broader court
modernization (Hayward, Zeller and Andersen, 2018).
Supreme Court under court system final court for appeal in the United Kingdom. It considers
appeals on contested matters of laws of public interest for whole of the United Kingdom in civil
proceedings as well as for England and Wales and Northern Ireland during criminal proceedings.
In Scotland, appeals may be rendered to High Court of Justice from lower courts for criminal
proceedings. The Judicial Committee of Privy Council, that includes supreme court nominees
and number of senior Commonwealth attorneys, is ultimate appeals court for number of
commonwealth nations, and also for the United Kingdom's overseas territories, Crown offices
and military sovereign bases.
High Court entertain more serious and quite complicated civil and family lawsuits. It has three
sections: Queen's Bench, Family as well as Chancery.
Queen's Bench is the largest of three High Court sections. It includes a no. of specialised courts:
imperial navy, Commercial, industrial, innovations and development as well as Administrative
Courts.
Around 160 County Courts or tribunals hear cases inside of their geographical catchment
location. These courts cope with civil (non-penal and non-family) cases scenarios. The
these courts hear (particular matter to exceptions) cash claims with value of up until and
including 100,000 and individual injury claims with value of up-to 50,000. lawsuits are typically
carried where defendant resides (Graziano, 2019).
Family Courts were set up in 2014. These have broad authority and brought all tiers of family
justice system together to serve in same session.

Crown Court is based in locations across England and Wales. Which deals with prosecutable
criminal cases which are moved from Magistrates ' Courts, like serious criminal offences.
Magistrates courts entertain all the criminal lawsuits/cases primarily. Less-serious lawsuits and
which involves juveniles are generally tried under these Courts, and also certain civil cases.
In the context of given case study of Hilary, parties have to pursue actions of county
courts, high court if appealed and supreme court if further appealed.
3. Advising Hilary as to whether binding contracts exist between herself and each of following
people: Eleanor, Amy and Olivia:
Contract would exist between Hilary and others when all required elements are exists, as
described below:
Eleanor: An offer is clear and unambiguous declaration of intention to be bound
through contract without further negotiating on defined conditions. An invitations to handle
is invitation to other side to make offer, being starting point for negotiations. Advertising is
usually invitations to serve, not deals. Thus, Hilary's advertising is an invite to treat while
Eleanor 's response is offer, as it suits a description of a proposal/offer. Acceptance is utter
(unconditional) as well as unqualified consent to any of an offer conditions. Counter
offers implies to offer made in reaction to another offer (Wahab, 2016). Hilary 's response by
returning post is not acceptance: this is counter offer as it seeks to bargain up to GBP 13,000
on price. The initial offer ends with counter offer. Hence counter offer from Hilary implies and
there's no more £ 10,000 offer from Eleanor. but once Hilary responds again saying that she will
accept GBP 10,000, it's not acceptance, however a new bid that Eleanor then refuses. In
conclusion this is told to Hilary that there is no contractual arrangement with Eleanor.
Amy: A contract enters into being after an acceptance made. Thus an acceptance can not be
'revoked': the any effort is breach of contract. In fact, acceptance is successful until offerer has
been informed (i.e. obtained by) of it. But uniquely, a mailed approval is valid under postal rule
when letter is sent, not when this is received. Here, postal rule applies in so far as this is fair to
use post as a medium of communication, in sense that post is under these parties' consideration.
Hilary’s initial send letter is regarded as an offer.
Amy’s letter of replying will be regarded as an acceptance.
Since Hilary used post for offer, it is highly debatable that responding by mail was fair
for Amy. So postal law is in place. In conclusion, both Hilary and Amy have had contract

from moment Amy posted acceptance. Her subsequent fax is unable to revoke this (McDonagh,
2016).
Olivia: Hilary wanted to go to art gallery for a big-summer sale. She placed big notices
in gallery windows announcing that valuable painting by Trumpeter, famous artist, will be sold
for just £ 1 to first customer who came to the gallery at the beginning of sale, along with a free
signature print of Trumpeter painting. Olivia stayed two days outside shop until the sale began to
be certain she would get painting, but when she reached the store, Hilary informed
her Trumpeter 's painting was no more available for sale. Here Hilary's large notice out side the
shop is offer which consists of condition of first customer to be buyer of her offered painting at
stipulated price. Olivia's entrance in shop is acceptance of offer. Thus only Olivia can revoke it
but deny of Hilary to sale the famous painting is breach of contract.
4. Explain and discuss the various remedies available to the parties:
In the case of a settlement, such rights are open to the party as a consequence of the
liability of both party which require penalties, repudiation, revocation, reasonable output,
injunction which compensation. Damages are regarded to be the kind of law which would be a
lawful reason accessible for infringement of the contract. Injuries are an award of funds to cover
remuneration for the innocent victim. Inside of contract law, the main damages are intended is to
place an alleged victim with a position that would've been created over agreement.
Repudiation is the type of recourse required for violation of contract. There is a desire to get the
deal to a close. This is possible as a consequence of a violation of a certain clause that
challenged the infringement (Cartwright, 2016).
Equitable judgement over recourse that has been made clear to the court. Rescission
pursuing an over-the-counter deal for the parties back in a pre-contractual arrangement that is
reflected by the unravelling of the contract. Rescission is possible, and allows to obtain
outcomes with the use of vitiating variables. Relevant success is a fair solution at the opinion of
the judge. It is a judicial order forcing one party to fulfil its statutory duty. The different forms of
the contract shall be signed and the parties shall have the contractual obligation to do so. Courts
are also hesitant to compel a person to execute a contract accidentally, and precise accountability
is only possible in limited situations. When deciding whether to award additional compensation,
the courts consider whether the injury will be an effective relief, the nature of contract and if the
equity is provided by an court-order.

CONCLUSION
From above study this has been articulated that understanding of relevant and applicable
laws and regulations is essential to avoid any future disputes. Before entering into any
contract/agreement individual must go through all the all the possibilities and consequences to
accomplish all the considerations related to contract.

REFERENCES
Books and Journals:
Grundmann, S. and Hacker, P., 2017. Digital Technology as a Challenge to European Contract
Law: From the Existing to the Future Architecture. European Review of Contract
Law, 13(3), pp.255-293.
MacMillan, C., 2016. The impact of brexit upon English contract law. King's Law
Journal, 27(3), pp.420-430.
Hayward, B., Zeller, B. and Andersen, C.B., 2018. THE CISG AND THE UNITED KINGDOM
—EXPLORING COHERENCY AND PRIVATE INTERNATIONAL
LAW. International & Comparative Law Quarterly, 67(3).
Cartwright, J., 2016. Contract law: An introduction to the English law of contract for the civil
lawyer. Bloomsbury Publishing.
McDonagh, L., 2016. FOSS and Alternative Licensing in the United Kingdom–Assessing the
Dual Importance of Contract Law and Copyright Law. In Free and Open Source
Software (FOSS) and other Alternative License Models (pp. 461-475). Springer, Cham.
Wahab, M.S.A., 2016. Brexit’s Chilling Effect on Choice of Law and Arbitration in the United
Kingdom: Practical Reflections Between Aggravation and Alleviation. Journal of
International Arbitration, 33(7).
Graziano, T.K., 2019. Comparative contract law: cases, materials and exercises. Edward Elgar
Publishing.